Ruling on a Father Distributing His Wealth Among His Children While Alive

If a person wishes to distribute a portion of his wealth among his children during his lifetime, then according to Islamic law, the commendable way is to give equally to all his children. However, it should be noted that this distribution is not considered inheritance; rather, it is classified as a gift (hibah). In such gifts, Shariah encourages fairness and equality among one’s children.

It is mentioned in a Hadith Shareef:

Translation: Hazrat Nuʿman bin Basheer RadiAllahu Anhu reported that his mother, the daughter of Rawaaha, requested his father to give their son (Nuʿman) a gift from his wealth. His father delayed the matter for a year, and later when he remembered it, his wife (Nuʿman's mother) said: “I will not be satisfied until you make the Messenger of Allah صلى الله عليه وسلمa witness to this gift.” So his father took Nuʿman by the hand and went to the Messenger of Allah صلى الله عليه وسلمwhile Nuʿman was still a young boy. He said, “O Messenger of Allah !صلى الله عليه وسلمThe mother of this boy, the daughter of Rawaaha, wishes that you bear witness to the gift I have given him.” The Messenger of Allah صلى الله عليه وسلمasked, “O Basheer, do you have other children besides him?” He replied, “Yes.” The Prophet صلى الله عليه وسلمthen said, “Have you given all of them an equal gift?” He replied, “No.” The Prophet صلى الله عليه وسلمsaid, “Then do not make me a witness, for I do not bear witness to injustice.” (Saheeh Muslim Shareef/ The Chapter of Gifts) From this Hadith Shareef, it becomes clear that when a person gives a gift (hibah) to his children during his lifetime, he should maintain equality and fairness among all of them. Imam-e-Ahl-e-Sunnat Sayyidi Ala Hazrat Alaihir Rahmah states:

“According to the preferred (Mufta Bihi) opinion, the most virtuous practice is to give sons and daughters equal shares. This is the opinion of Imam Abu Yusuf Alaihir Rahmah. However, giving in proportion to ‘for the male is the share of two females’ as held by Imam Muhammad Alaihir Rahmah, is not prohibited or impermissible, though it is considered less preferable (tark-e-awla).” Furthermore, Raddul-Muhtaar cites this view from Allamah Khairud-Deen Ramlee:

Translation: The legal ruling (fatwa) follows the opinion of Imam Abu Yusuf Alaihir Rahma, which holds that sons and daughters should be given equal shares. This view is regarded as better and more commendable than the opinion of Imam Muhammad Alaihir Rahma, who allows giving the son twice the share of the daughter. In Haashiyatut-Tahtaawi, quoting from Fataawa Bazzaaziyah, it is stated:

Translation: “In giving to sons and daughters, the preferable method is to follow the proportion of inheritance.

However, according to Imam Abu Yusuf Alaihir Rahma, giving equally is more virtuous, and this is the preferred opinion.”

In summary, giving unequally is contrary to what is most virtuous, and according to the preferred (mukhtaar) view, maintaining equality, giving equally to all, is superior. Nevertheless, if one child is preferred over another due to greater merit or virtue, there is no harm in doing so. Allamah Tahtaawi states:

Translation: “When individuals (If all the children, sons and daughters) are equal in status, showing preference to one over the other is disliked, as mentioned in Menah and Hindiyah. However, if they are not equal, for instance, if one is devoted to religious knowledge and does not earn a livelihood, then giving preference to such a person over others is not objectionable, as it is mentioned in Multaqat. In other words, it is permissible and not disliked. Likewise, Menah records that, according to Imam-e-Aazam Abu Hanifa Alaihir Rahmah, if a child has superiority in religious

merit, knowledge or piety, there is no harm in granting them preference.” (Fataawa Razviyyah Shareef, Volume 19, Page 231–232, Raza Foundation, Lahore)