Category: Fatwas about Inheritance and Hibât (Bestowals)
Giving preference to one of the children with a gift with his brothers' consent
I am a young person who has to support my parents and brothers, and I am the only one who works in this family. My father got a plot of land from the municipality services which I paid. After a period, we sold the plot of land and I bought a house with its money. All the members of the family agreed to buy it. So, is this act valid?
All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.
As a rule, the father should be equal and just towards his children in donation. Therefore, he should not favor or prefer some of them to the others, because the Prophet صلَّى الله عليه وسلَّم says: “Fear Allah and be just to your children”(1).
However, if all the children agree to see their brother favored with a donation and relinquish their right of their own will, it will be allowed for him to take the gift for himself; but if some of them refuse to grant it to him since the beginning, the gift should be annulled and taken back from him, due to the saying of the Prophet صلَّى الله عليه وسلَّم to Al-Bachîr Ibn Sa`d: “Take it back then”(2), i.e. the gift, because he was not just to his children.
The perfect knowledge belongs to Allah عزَّ وجلَّ. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and Brothers till the Day of Resurrection.
Algiers, Jumâda Ath-Thâniya 12th, 1427
Corresponding to: July 7th, 2006
(1) This hadith is consensual (reported by Al-Bukhâri and Muslim). Reported by Al-Bukhâri, chapter of “Gift”, concerning the fact of calling to witness as regard the gift (hadith 2587), Muslim, chapter of “Gifts” (4267) and Al-Bayhaqi (12351) on the authority of An-Nu`mân Ibn Bachîr رضي الله عنهما.
(2) Reported by Al-Bukhâri, chapter of “Gift” (hadith 2586), and Muslim, chapter of “Gifts” (hadith 4267), An-Nassâ'i, chapter of “Gifts” (hadith 3688), Ibn Hibbân (hadith 510) and Al-Bayhaqi (hadith 12349), on the authority of An-Nu`mân Ibn Bachîr رضي الله عنهما.