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سنن دارمي
Darimi
من كتاب الوصاياFrom the Book of Wills
باب إِذَا تَصَدَّقَ الرَّجُلُ عَلَى بَعْضِ وَرَثَتِهِ:Chapter on a man giving charity to some of his heirs
Hadith 3268
اُردوEn
أَخْبَرَنَا مَرْوَانُ بْنُ مُحَمَّدٍ، حَدَّثَنَا سَعِيدٌ، عَنْ مَكْحُولٍ، قَالَ: "إِذَا تَصَدَّقَ الرَّجُلُ عَلَى بَعْضِ وَرَثَتِهِ وَهُوَ صَحِيحٌ بِأَكْثَرَ مِنْ النِّصْفِ، رُدَّ إِلَى الثُّلُثِ، وَإِذَا أَعْطَى النِّصْفَ، جَازَ لَهُ ذَلِكَ" . قَالَ سَعِيدٌ: وَكَانَ قُضَاةُ أَهْلِ دِمَشْقَ يَقْضُونَ بِذَلِكَ.
Makhul (may Allah have mercy on him) said: If a man, while in good health, gives more than half of his wealth in charity to any of his heirs, it should be limited to one-third. But if he gives half of his wealth by himself, then this is permissible for him. Sa'id said: The people of Damascus used to give this very fatwa.
Brief Explanation
(Commentary on Ahadith 3264 to 3268)
In a state of good health, a person may give as much of his wealth to whomever he wishes, but justice and fairness among the heirs must be observed. It is not permissible to wrong or oppress any heir. Every person will have to account for this on the Day of Judgment. May Allah Ta'ala grant everyone the ability to act with justice and fairness towards their dependents and heirs. Ameen.
In a state of good health, a person may give as much of his wealth to whomever he wishes, but justice and fairness among the heirs must be observed. It is not permissible to wrong or oppress any heir. Every person will have to account for this on the Day of Judgment. May Allah Ta'ala grant everyone the ability to act with justice and fairness towards their dependents and heirs. Ameen.
