Is it permissible for a father to divide land equally among his children—two sons and two daughters—while giving the sons a loan to build their homes and granting the daughters the right to build on their shares, provided that he stipulates his right to dispose of the land during his lifetime, and that the remaining land be given to the daughters after his death without applying the rule "to the male, the equivalent of the share of two females," on the grounds that he gave to the sons during his lifetime?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
It is permissible for a father to divide land among his children equally if it is an immediate gift. Justice in gifting to children is achieved either by division like inheritance or by equal distribution between male and female, which is the more preponderant opinion. If it is not an explicit gift, then the gift is not constituted merely by the father's permission to build, and the land is considered a loan that ends with the father's death. His bequest to his daughters after his death would be a bequest to an heir, which is not enforceable without the consent of the other heirs.
Summarized from the full answer at Ftawy · imported
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