Source: Fatāwā Rāshidiyyah, Page 577
What do the scholars of Islam say regarding this matter: Haji Yunus (the father) distributed some property among certain sons and daughters during his lifetime, while some sons and daughters were given nothing. Please clarify whether giving to some children and depriving others is correct according to the Sharīʿah of Muhammad ﷺ.
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It is narrated:
((عن ابن عباس رضى الله عنه أن النبى صلى الله عليه وسلم قال: سووا بين أولادكم فى العطية…الخ.))
Meaning:
Ibn ʿAbbās (RA) narrated that the Prophet ﷺ said:
“Be equal among your children in giving gifts.”
From this Hadith, it becomes clear that the distribution and hiba (gift) mentioned in the question is not valid. If a person wishes to distribute his property among his children during his lifetime, it is obligatory that he give equally to both sons and daughters. Any other form of distribution is not correct in Sharīʿah.
Therefore, in the case where the deceased had distributed property during his lifetime, all brothers and sisters will be considered equal heirs.
((عن النعمان بن بشير أن أباه نحله غلاما وأنه جاء إلى النبى صلى الله عليه وسلم يشهده فقال أكل ولدك نحلته قال لا قال فاردده.))
(رواه ابن ماجه)
Meaning:
Nuʿmān ibn Bashīr (RA) narrated: His father gifted him a slave. Then he brought him to the Prophet ﷺ to witness it. The Prophet ﷺ asked: “Have you gifted the same to all your children?” He replied: “No.” The Prophet ﷺ said: “Then take it back.”
✿ While gifting among children, equality is necessary.
✿ Giving to some and depriving others is not permissible according to Sharīʿah.
✿ Such a distribution done during one’s lifetime is invalid, and all siblings will be considered equal heirs.
ھذا ما عندی واللہ اعلم بالصواب
❖ Question
What do the scholars of Islam say regarding this matter: Haji Yunus (the father) distributed some property among certain sons and daughters during his lifetime, while some sons and daughters were given nothing. Please clarify whether giving to some children and depriving others is correct according to the Sharīʿah of Muhammad ﷺ.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
◈ Hadith Evidence
It is narrated:
((عن ابن عباس رضى الله عنه أن النبى صلى الله عليه وسلم قال: سووا بين أولادكم فى العطية…الخ.))
Meaning:
Ibn ʿAbbās (RA) narrated that the Prophet ﷺ said:
“Be equal among your children in giving gifts.”
◈ Explanation
From this Hadith, it becomes clear that the distribution and hiba (gift) mentioned in the question is not valid. If a person wishes to distribute his property among his children during his lifetime, it is obligatory that he give equally to both sons and daughters. Any other form of distribution is not correct in Sharīʿah.
Therefore, in the case where the deceased had distributed property during his lifetime, all brothers and sisters will be considered equal heirs.
◈ Another Hadith
((عن النعمان بن بشير أن أباه نحله غلاما وأنه جاء إلى النبى صلى الله عليه وسلم يشهده فقال أكل ولدك نحلته قال لا قال فاردده.))
(رواه ابن ماجه)
Meaning:
Nuʿmān ibn Bashīr (RA) narrated: His father gifted him a slave. Then he brought him to the Prophet ﷺ to witness it. The Prophet ﷺ asked: “Have you gifted the same to all your children?” He replied: “No.” The Prophet ﷺ said: “Then take it back.”
Conclusion
✿ While gifting among children, equality is necessary.
✿ Giving to some and depriving others is not permissible according to Sharīʿah.
✿ Such a distribution done during one’s lifetime is invalid, and all siblings will be considered equal heirs.
ھذا ما عندی واللہ اعلم بالصواب
