Gifting Entire Property to a Grandson: Sharʿi Ruling and Clarification
Taken from: Aḥkām wa Masāʾil, Masāʾil al-Wirāthah, vol.1, p.394
❖ The Question
If Zayd transfers all of his property as a gift (hibah) to his grandson, will it be permissible? What is the difference between waṣiyyah (bequest) and hibah (gift)? If Zayd has no sons but does have a grandson, while also having other (non-male) children, can he still give his entire property to the grandson?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd:
In this case, it becomes clear that Zayd has no sons, but does have a grandson along with other children (daughters).
◈ Ruling on Giving Entire Estate to One Grandson
If Zayd gifts all of his property solely to his grandson, this would effectively mean depriving the rest of his heirs of their Sharʿi rights. Such an act is not permissible in Sharīʿah.
◈ Difference Between Waṣiyyah and Hibah
- Waṣiyyah (Bequest): It comes into effect after death.
- Hibah (Gift): It transfers ownership during one’s lifetime.
However, this technical difference does not make it lawful to deprive rightful heirs of their shares. Using hibah as a trick to block the inheritance of other heirs is harām and against justice.
✅ Conclusion:
- Zayd cannot lawfully gift his entire estate to only his grandson while depriving other children.
- Both in waṣiyyah and hibah, justice and equality must be maintained, and the heirs cannot be unfairly excluded.
ھذا ما عندي والله أعلم بالصواب
