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The question

Is taking a portion of land given to sons and giving it to daughters considered expiation for the father's mistake in distributing the inheritance in a way that does not conform to Sharia, and what should be done to ensure rights in this case?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that equal distribution among children in gifting is commendable, not obligatory. If a person differentiates between them or singles out some of them with a gift while healthy and of sound mind, their action is valid, and the remaining heirs have no right to revoke it. The majority bases this on the consensus of jurists that it is permissible for a man to gift all his wealth to a stranger during his lifetime, so gifting to one's children is even more appropriate. They also cite the example of Abu Bakr (may Allah be pleased with him) who gifted his daughter Aisha (may Allah be pleased with her) twenty Wasqs of his wealth. If the heirs agree to re-distribute the inheritance fairly after their father's death, that is more scrupulous. If some of them wish to appease those who were wronged in the distribution, as an expiation for their father's injustice, we hope that this will benefit the father, by analogy with settling debts on behalf of the deceased or performing Hajj on their behalf. Disagreement exists on this issue, but adopting the view of the majority is more decisive in preventing disputes and less likely to incite contention.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
32485
Imported
Translation status
Source text, unreviewed
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