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Fatawaa


Subject : It is Desirable for a Parent to be Just when Gifting Children

Fatwa Number : 7

Date : 03-03-2009

Classified : "Hibaa"Donation, Grant

Fatwa Type : Search Fatawaa


Question :

Allah, The Almighty, has given me wealth and children. In fact, all of my sons and daughters are married, and I`m thinking about distributing some of that wealth amongst them. Is it permissible for me to give some of them more than the others? Or should I give to the male a portion equal to that of two females?


The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible for you(Asker) to favor some of your children with more gifts than the others under two conditions:
First: The child is poor, ill or in need for money to pursue education and the like.
Second: It isn`t your intention to deprive some heirs or reduce their share from the inheritance after your passing away.
If all your children were of equal financial status, then you should divide the gifted money amongst them equally, and not give the male a portion equal to that of two females. This is because the texts of the Shafie School state that the parent should be just between children, when gifting them during his/her life time, by giving the female the same share as that of the male, and not the male a portion equal to that of two females.
Ash-Shirbini, a Shafie scholar, said, "It is desirable for the parent to be just between his/her children, when gifting them during his/her life time, by giving the female the same share as that of the male based on the Hadith where the Prophet(PBUH) said, "Fear Allaah and be just between your children (when gifting them)."{Moghni Al-Mohtaj, 3/567}. And Allah knows best.




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