Inheritance Issues: Gifting to Children During Your Life Time | Dr. Mufti Abdur-Rahman Mangera
The books of jurisprudence are very clear that you can give everybody equally the the your sons and daughters equally, it doesn’t have to be double for the sons and less for the sisters. In fact, they actually encourage that that’s. What you do yes, ah, if you leave anything after you die, it will be in the quran. Brothers will get double the share of sisters, but in your lifetime you can it’s actually recommended in many cases, to give equally okay that’s understandable. Now can you give to one daughter or one son or two sons, a bit more than the others, because there’s a very strict hadith about this, the prophet sallallahu alaihi wasallam? Somebody came to him and said i want you ya. I want you to be a witness that i’ve, given this son of mine such and such an amount of money. Now maybe the prophet saws knew that there was some issue there. There was some unfairness, they said. Did you give all of your children this much? He said no, she said that. Why are you making me then a witness to something that is unfair. So from this we understand that you should be fair. The reason why you have to be fair in this is because obviously they’re your children and you’re going to do you’re going to be cutting the ties of relationship by depriving some and giving the others as bad, and you don’t want to do that. You should not be doing that with your relatives, so that’s why you should give equally.
However, if you want to give one more than the other, there are some cases in which that’s allowed right and a lot of people have this question. For example, one of the sons or daughters they’ve been of the huge amount of service to you, they’re, the ones who are always helping and the others. You know either don’t have time or they live further away or whatever, then, for that you are allowed to give them more, but you can’t deprive the others entirely. You give everybody, but you can give this person more in your life. Now remember this is all about. In your life, after death, right as inheritance, they will just have the share. The quran gives them so, if they’re a sister another one sister they’ll get the same. If they’re a brother, another brother they’ll get the same, but in your lifetime you can actually give somebody more or, for example, one is poorer than the others, mashallah all the others. They have a house right and this poor one he’s struggling, tries his best struggling. You can give them some more again. You give the others, you don’t deprive them, but you can give them more. Another one is, for example, if one is working in some really really useful field, very religious field, you know as an island whatever and they don’t make. So much money or whatever, then again, you can give them more. If you want to and a fourth uh a fourth issue here within this, is that, can you deprive a child because they’re doing something really bad in your life? So remember after you die, even if you hate your wife or your husband or your child, you can’t deprive them.
You leave money it’s going to go to them, whether you like it or not, right as long as they’re muslim and you’re muslim, then they’re going to get some, but in your lifetime let’s just say you decide that if i leave it as inheritance, then it’s going To go to all of them like this, so what i’m going to do is i’m going to distribute the bulk of my assets during my life, and in that i want to deprive that particular son or daughter, because they are, they have a very, very bad attitude. Bad attitude, in the sense that they’re abusers they may be addicted, or something like that and they’re gon na abuse the money in the wrong thing. In that case, you you you’re not obliged to give them. You can just give the others. You can deprive them in that case, but again, if you’re doubtful you don’t want to be um, you don’t want to be accountable for in the hereafter, so just maybe consult with with an alim about this jazakallahu for listening.