Abdur Rahman ibn Yusuf Mangera – Inheritance Issues Gifting to Children During Your Life Time
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gifting to children during their lifetime, what is the best way to
give gift to your children? How do you have to gift it? Are you
obliged to gift to your children according to their inheritance
shares? So should you have to give
double the share to a son that you give to a daughter? So the answer
to that is no. During ones lifetime, the books of
jurisprudence are very clear that you can give everybody equally the
your sons and daughters equally it doesn't have to be double for the
sons and less for the sisters. In fact, they actually encourage that
that's what you do. Yes. If you leave anything after you die, it
will be live Zachary, mythological insane, as Allah says in the
Quran, brothers will get double the share of sisters, but in your
lifetime, you can, it's actually recommended in many cases to give
equally, okay, that's understandable. Now can you give
to one daughter or one son or two sons a bit more than the others.
Because there's a very strict Hadith about this, the Prophet
sallallahu alayhi wa sallam, somebody came to him and said, I
want you Yaroslavl, I want you to be witnessed that I've given this
son of mine such and such an amount of money. Now, maybe the
prophets also knew that there was some issue. There was some
unfairness, they said, Did you give all of your children this
much? He said, No. She said, Then why are you making me then a
witness to something that is unfair. So from this, we
understand that you should be fair, the reason why you have to
be fair in this is because obviously, they're your children.
And you're going to do cut or rhyme, you're going to be cutting
the ties of relationship by depriving some and giving the
others as bad. And you don't want to do that you should not be doing
that with your relatives. So that's why you should give equally
however, if you want to give one more than the other, there are
some cases in which that's allowed, right. And a lot of
people have discretion. For example, one of the sons or
daughters they've been of the huge amount of service to you, they're
the ones who are always helping, and the others, you know, either
don't have time or they live further away or whatever, then for
that, you are allowed to give them more, but you can't deprive the
others entirely. You give everybody but you can give this
person more in your life. Now remember, this is all about in
your life after death, right as inheritance, they will just have
the shader Quran gives them so if they're a sister, another one
sister will get the same. If they're a brother, another
brother, they'll get the same. But in your lifetime, you can actually
give somebody more or for example, one is poor than the others,
mashallah all the others, they have a house, right. And this poor
one is struggling, tries his best struggling, you can give them some
more, again, you give the others you don't deprive them, but you
can give them more. Another one is, for example, if one is working
in some really, really useful field, very religious field, you
know, as an animal, whatever, and they don't make so much money or
whatever, then again, you can give them more if you want to. And a
fourth, a fourth issue here within this is that can you deprive a
child because they're doing something really bad in your life.
So remember, after you die, even if you hate your wife, or your
husband or your child, you can't deprive them, you leave money,
it's going to go to them, whether you like it or not,
right? As long as they're Muslim, and you're Muslim, then they're
gonna get some, but in your lifetime, let's just say you
decide that if I leave it as inheritance, then it's going to go
to all of them like this. So what I'm going to do is I'm going to
distribute the bulk of my assets during my life, and in that I want
to deprive that particular son or daughter, because they have a
very, very bad attitude, bad attitude in the sense that the
abusers THEY MAY be addicted or something like that, and they're
gonna abuse the money in the wrong thing. In that case, you you're
not obliged to give them you can just give the others you can
deprive them in that case, but again, if you're doubtful, you
don't want to be you don't want to be accountable for it in the
hereafter. So just maybe consult with with an alum about this
JazakAllah here for listening. May Allah subhanho wa Taala bless you.
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