How is the division rectified for a man who, during his lifetime, divided his property among his sons but not his daughters, and singled out his grandchildren for the share of their deceased father? Are the sons entitled to reclaim part of the grandchildren's share to enable the daughters to receive their legitimate right, or is that gift to the grandchildren final? And does the father's statement regarding the division of the deceased son's share affect the division after his death?
A father's gift to his sons, excluding his daughters, with the intention of disinheriting the daughters, is an injustice and a violation of Allah's command for fairness. Allah Almighty says: "Indeed, Allah enjoins justice and good conduct." And the Prophet, peace be upon him, said: "So fear Allah and be just among your children." A group of scholars has gone to the extent of saying that a gift is invalid if the father does not deal justly between his children, and this is the (religious edict) that is followed. The word "children" in the also includes grandchildren, so justice must be observed in giving gifts to grandchildren, even if direct children are present. If one does not act justly without a valid excuse, it is considered disliked by most scholars, and a group says it is forbidden. Therefore, daughters have the right to claim their share of the land, including the portion the father gave to his grandchildren.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/106780
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 106780
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy