Adab al-Mufrad

Benefits and Issues:
➊ Teaching children manners and treating them well also includes that, when giving gifts or grants among them, equality should be maintained. In this way, they will become aware of the rights of others and mutual sympathy will develop among siblings. On the contrary, if parents do not act justly, the idea will become ingrained in the minds of the children that justice has no particular importance, and thus they will become accustomed to injustice throughout their lives. Moreover, hatred and enmity will arise among the children, and the family will fall into disarray. Parents, more often than not, do not act justly in their gifts, even in inheritance, and due to ignorance, the children not only become enemies of each other but also fail to observe respect for their parents. Therefore, the Messenger of Allah (sallallahu alayhi wa sallam) said that just as you wish all your children to treat you well, you should also treat them equally.

➋ If a son or daughter is financially weak and the parents wish to give them more than their share, they should do so with the confidence and consent of the other children, so that a sense of injustice does not arise among them. That is, if a son is in debt, disabled, or has suffered some other misfortune, there is always room to assist him. Remember, this equality is in gifts and grants; the rest of the children's expenses may differ according to the nature of their education and upbringing. (Nayl al-Maarib fi Tahdhib al-Sharh Umdat al-Talib: 3/420)

➌ If a person wishes to distribute his property among his children during his lifetime, what is the correct method? Is equality among the children necessary in this as well, or should it be distributed according to the principles of inheritance: “For the male, a portion equal to that of two females” ()? There is a difference of opinion among the scholars on this matter: One group of scholars considers it necessary in this case to give sons and daughters equally, as, in their view, the apparent meaning of the hadith of Nu’man requires equal distribution, and both male and female should receive the same. Imam Ahmad, some Shafi’is, and Shaykh al-Islam Ibn Taymiyyah rahimahullah are of the view that this distribution should be according to the principles of inheritance, because this division has been made by Allah Himself, and this is justice, for Allah’s division cannot be unjust. Similarly, they make an analogy between giving during one’s lifetime and inheritance.

Some scholars are of the opinion that, from a Shari’ah perspective, the division of inheritance is connected to the death of the bequeather, and no one knows when death will come. It is entirely possible that the one to whom the inheritance is given may die first, in which case he would not be an heir, even though he has taken the inheritance and thereby reduced the share of the other heirs. Furthermore, in the verse of inheritance, the word “taraka” (he left behind) appears several times, which is connected to the death of the bequeather; therefore, the division of inheritance should not take place during the bequeather’s lifetime. If there is a risk of dispute, one should give advice and make a will. If, despite this, the heirs do something un-Islamic, they themselves will be responsible; the deceased will not be held accountable before Allah. A person should be more concerned about his own Hereafter than about those who come after him.

My inclination is that the position of Imam Ahmad rahimahullah is the stronger one, because the Messenger of Allah (sallallahu alayhi wa sallam) has commanded justice among children, and giving the son twice as much as the daughter is not contrary to justice. Although inheritance has its own independent rules and regulations, it is certain that Allah’s division is just. Especially when parents give their property to their children during their lifetime with the intention of giving them their rightful share so that there is no dispute among the children later, or so that the daughters’ share is not usurped, then the application of “For the male, a portion equal to that of two females” () is possible.

Although the division of property among children during one’s lifetime takes the form of a gift or grant, in the present era, the intention is certainly not that of a mere present, but rather the intention is to distribute the wealth that would be inherited by the children in advance. This is what I hold, and Allah knows best what is correct!

➍ Most parents give more to those children who serve them, and sometimes disobedient children are deprived. Doing so is questionable, in fact, impermissible. It is the duty of children to serve their parents; if a son fulfills this duty, he will be rewarded by Allah, and those who do not serve will be held accountable. It is the duty of parents to act justly with their children. If they give preference to one, they are neglecting their duty. However, it is possible for the father to fix a salary for the son in return for his service; in this case, it is permissible to give him as a hired worker.

➎ Our family system is somewhat different from the Arab family system. After marriage, brothers usually live together; some work, and some pursue education, and the household runs jointly. Now, if one son works with the parents for twenty years while another does not participate at all, and when the time comes to divide the property, it is distributed equally among all, the twenty years of work by the one son is considered merely cooperation with the father. This creates an atmosphere of hatred and enmity among the brothers. In such a situation, parents should, if they involve their children in their business, keep an account of their income and expenses and inform the rest of the children, and also provide written documentation, so that after their death, there is no dispute in the division of inheritance and no son is wronged.

➏ The mufti should inquire about the relevant issue from the questioner before issuing a fatwa.

➐ “Make someone else a witness besides me”—this does not mean that it is acceptable to make someone else a witness; rather, this was said as a warning and rebuke. Because in another narration it is stated that this is not correct, rather it is injustice, and I do not become a witness to injustice.

➑ If a person makes an incorrect bequest, the ruler of the time or the court has the right to declare it null and void.