Fatwa No : 83771
The ruling on children forcing their father to divide his property.

The ruling on children forcing their father to divide his property.

I humbly submit that in 2017, my respected wife passed away. She was a government school teacher. I have three daughters and one son. The benefits received from the government were handed over to me with the consent of all of them. From those funds, along with my own savings, I arranged the marriages of two of my children (one son and one daughter), while the other two daughters were already married. At present, I am very ill; my hands and feet no longer function properly, and I underwent a bypass surgery two years ago. Currently, I am being cared for by my two daughters. Due to my son's disobedience, I have left my house and belongings and come to live at my daughter’s house. Now, the remaining two children (one son and one elder daughter) are demanding an account of my retirement funds and my remaining savings. According to Shariah, please clarify whether they have the right to demand this account, or can I spend this money on my illness? Am I required to provide them with an account?
My second question is regarding one house that is under my wife's name and one plot of land in Gulshan Kaneez Fatima, also under her name. I now wish to sell both of these and distribute the shares among the heirs so that I may fulfill my responsibility during my lifetime. However, my son and daughter are saying that unless we are given a full account of all funds received from the time of our mother's death until now, we will not allow the sale of the property. On the other hand, my two daughters and I want to sell the house so that I may clear my obligations in my lifetime. Kindly provide a detailed Shariah ruling on this matter, and please remember me in your prayers.

الجوابُ حامِدا ًو مُصلیِّا ً

The demand made by the son and daughter for a full account of all funds from their father is not correct; in fact, it is considered disrespectful and rude behavior towards the parent, due to which they are committing a serious sin. It is obligatory upon both of them to correct their attitude and humbly seek forgiveness from their father so that they may be absolved from worldly and eternal accountability. However, the children do have the right to politely discuss with their father the distribution of the inheritance left behind by their deceased mother. The questioner (father) should also ensure that whatever belonged solely to his late wife is distributed among her rightful heirs, thereby fulfilling his obligation in this regard. After that, if the father wishes to distribute his own wealth and property among his children of his own will, then this is permissible in Shariah. However, this is not obligatory, and no heir has the right to demand it, because every person is the sole owner of their wealth and property during their lifetime before the onset of a deathly illness, and they are free to use it as they please. They are not required to distribute it during their lifetime. Now, if a person, during their healthy lifetime and without any compulsion or pressure, wishes to voluntarily distribute their wealth and property among their relatives, then this too is permissible in Shariah. This act is not called inheritance distribution (taqseem-e-tarka) but rather a gift (hiba) or voluntary giving. Therefore, if the questioner also wishes to distribute his wealth and property among his children of his own will and pleasure, it is valid and permissible according to Shariah. The preferred and recommended method is that the questioner should estimate and keep aside enough for his own remaining life needs, and then distribute the remaining wealth and property equally among his children, giving each their share with formal and physical possession, so that the gift (hiba) becomes complete and legally valid in Shariah. Merely transferring names on paper is not sufficient. Moreover, it is better that this distribution be equal and just among all, as all are his children, and no one should be given more or less without reason. However, if he wishes to give more to a child due to reasons such as their service, need, or religiousness, then he has the right to do so. But without a valid Shar‘i reason, no heir should be deprived of inheritance, as this is a sinful act.

مأخَذُ الفَتوی

ففي سنن الترمذي: عن عبد الله بن عمرو، عن النبي [ص:311] صلى الله عليه وسلم قال: «رضى الرب في رضى الوالد، وسخط الرب في سخط الوالد» (4/ 310)۔
و في حاشية ابن عابدين (رد المحتار): (قوله من حيث الأمانة) فإن مال أحد الشريكين أمانة في يد الآخر، كما أن مال المفقود أمانة في يد الحاضر بحر (4/ 298)۔
كما في الدر المختار: (وتتم) الهبة (بالقبض) الكامل (ولو الموهوب شاغلا لملك الواهب لا مشغولا به) والأصل أن الموهوب إن مشغولا بملك الواهب منع تمامها، (5/ 690)۔
وفيه ايضاً : و في الخانية لا بأس بتفضيل بعض الأولاد في المحبة لأنها عمل القلب، وكذا في العطايا إن لم يقصد به الإضرار، وإن قصده فسوى بينهم يعطي البنت كالابن عند الثاني وعليه الفتوى ولو وهب في صحته كل المال للولد جاز وأثم اھ (5/ 696)۔