Is it permissible for a mother to bequeath to her daughter, who cares for her at home, the house she lives in, without the permission of her other well-off children, especially since the daughter refuses to marry in order to care for her mother?
Scholars have differed on the ruling regarding favoring some children over others in gifts. Some have prohibited it unless there is a legitimate justification, based on the Prophet's (peace be upon him) saying: "Fear Allah and be just between your children." The majority, however, are of the opinion that equality is recommended.
Therefore, if favoring a daughter or singling her out has a justification due to need or her service to her mother, there is no religious impediment. If the mother wishes to gift money to her daughter, it must be a complete gift fulfilling its conditions, such as the mother relinquishing control over the gifted item and enabling the daughter to dispose of it and take possession of it. Furthermore, the mother must be of sound mind and not suffering from a death-illness.
As for mere writing or a bequest (wasiyyah) after death, it is considered a bequest to an heir and is not valid unless the heirs agree, based on the Prophet's (peace be upon him) saying: "Indeed, Allah has given every rightful person his right, so there is no bequest to an heir, unless the heirs wish it."
In summary, there is no impediment for a mother to give her daughter whatever she wishes from her wealth, provided that this is done according to the conditions of a gift and for a valid justification.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/77347
- Source platform
- Ftawy
- Original fatwa ID
- 77347
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy