Can a Father Gift a House Only to His Daughters? Sharʿi Guidance
Taken from: Aḥkām wa Masāʾil, Masāʾil al-Wirāthah, vol.1, p.399
❖ The Question
A father, who is still alive, has transferred ownership of his house solely to his two daughters while giving nothing to his sons. He says that if the daughters do not accept the house, he will give it to someone else, but never to his sons. In this situation, while all sons and daughters are married, can the daughters accept this house?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd:
A father is obligated to observe justice and equality among his children during his lifetime. As is evident from the ḥadīth of Nuʿmān ibn Bashīr (رضي الله عنه) in Ṣaḥīḥ al-Bukhārī and other narrations, it is obligatory for a person to treat all his children—whether sons or daughters—fairly and equally.
If a father neglects this responsibility and distributes his wealth unjustly, favoring some while depriving others, then the children—whether sons or daughters—must:
✿ Not accept such an un-Islamic distribution.
✿ Not support their father in this injustice.
Therefore, in this case, it is not permissible for the daughters to take the house, knowing that the division is unjust and that the father has intentionally deprived the sons.
ھذا ما عندي والله أعلم بالصواب
