Fatwa No : 85207
The Method of Distributing Property Among Sons and Daughters During One’s Lifetime

The Method of Distributing Property Among Sons and Daughters During One’s Lifetime

The question is as follows: I own a property measuring 112 square yards. My wife is alive. I have eight daughters and one son. What is the share of my daughters in this house, and what is the share of my son? Out of my daughters, six are married, and two are unmarried who live with me. These two unmarried daughters are earning and managing their own expenses, and they also contribute to the household. A portion of this house was built by these two daughters, while one room was built by my son, where he lives with his wife and children. Are the marriage expenses of my two unmarried daughters obligatory upon me or not? According to Shariah, what is the share of my son and my eight daughters in this house? My son, Abdul Sattar (son of Muhammad Younus), is demanding more space from me. Out of the 112 square yards, how much is his Shariah share? And how much share will he receive from the remaining area? Six daughters are married, and two are unmarried.

الجوابُ حامِدا ًو مُصلیِّا ً

It should be understood that every person, during his healthy lifetime and before entering the illness of death, is the sole owner of his property. He may dispose of it however he wishes, and he is not obligated to distribute it during his lifetime. However, if he wishes to distribute it voluntarily, then in Shariah this is called hibah (gift). The best and preferable method of hibah (gift) is that the questioner keeps for himself, according to a careful estimate, whatever he wishes for his remaining life, and then distributes the rest of his wealth and property equally among his children, giving each one actual, physical possession of their allotted share. Only changing names on documents is not sufficient; proper transfer of possession is necessary for the hibah to be valid and complete in Shariah. It is better that in this hibah and distribution he keeps all children equal and treats them alike, since all are his children. He should not give one more and another less without a valid Shariah reason. However, if due to someone’s service, neediness, or piety, he wishes to give that child something extra, he has the choice to do so. But without a valid reason, depriving any rightful heir from his property is sinful.
As for the amount spent by the son and daughters on the house, the questioner has not clarified whether that money was given as a loan or as cooperation and support for their father. If those expenses were made without any explicit agreement or clear mention of repayment, then the son and daughters will not be entitled to take back the amount they spent. If the nature of the question is different from what appears here, the questioner may clarify further and ask again for the Shariah ruling.

مأخَذُ الفَتوی

کمافي صحيح مسلم: عن النعمان بن بشير، قال: تصدق علي أبي ببعض ماله، فقالت أمي عمرة بنت رواحة: لا أرضى حتى تشهد رسول الله صلى الله عليه وسلم، فانطلق أبي إلى النبي صلى الله عليه وسلم ليشهده على صدقتي، فقال له رسول الله صلى الله عليه وسلم: «أفعلت هذا بولدك كلهم؟» قال: لا، قال: «اتقوا الله، واعدلوا في أولادكم»، فرجع أبي، فرد تلك الصدقة اھ (3/ 1242)
و في الدر المختار: 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)۔
و في خلاصة الفتاوى: رجل له ابن وبنت اراد ان يهب لهماشيئاً فالأفضل أن يجعل للذكر مثل حظ الانثيين عند محمد، وعند أبي يوسف بينهما سواء هو المختار لورود الآثار ، ولو و هب جميع ماله لابنه جاز فى القضاء وهوإثم نص عن محمد هكذا في العيون - اھ (۴/400) -