Equality when distributing assets amongst one’s children during one’s lifetimes
Question:-
My father and mother are in their mid 80’s and have decided to distribute their estate. We are 2 sisters and 1 brother. My father has decided to gift over half of his estate to one daughter (who lives and takes care of him and my mother, with her family) and distribute the remainder as he sees fit. I have a few questions regarding this.
1. Is it permissible for them to do so and what does the Shariah say in this matter?
2. If its not in accordance to Shariah, if I dispute the matter with my parents, will that be regarded as disobedience? If I am quite on the matter and accept what they do, am I infringing upon the rights of my heirs and will that be a sin on me?
3. Are parents allowed to favour certain children in such a manner and ignore being equal to the rest of the children?
Answer:-
Imaam Abu Hanifa Rahimahullah states that there is no harm in giving preference to certain children over others on the basis of Deen. However, if they are all equal in terms of Deen (religiousness), then it will be Makrooh to give preference to some children over the others. In such a case (where all are equal in terms of Deen), then all should be treated equally.
Imaam Abu Yusuf Rahimhullah states that, there is no harm in giving preference to some children over others if the intention (of the parent) is not to harm (or deprive) any of the remaining children. If the parent’s intention is to deprive some of the children, then the parent will be required to exercise equality (in distributing his/her asset/s) between his children. The daughter should be given exactly the same amount that will be given to the son. The Fatwa is given on this view of Imaam Yusuf Rahimahullah.
وروي عن أبي حنيفة – رحمه الله تعالى – أنه لا بأس به إذا كان التفضيل لزيادة فضل له في الدين، وإن كانا سواء يكره وروى المعلى عن أبي يوسف – رحمه الله تعالى – أنه لا بأس به إذا لم يقصد به الإضرار، وإن قصد به الإضرار سوى بينهم يعطي الابنة مثل ما يعطي للابن وعليه الفتوى هكذا في فتاوى قاضي خان وهو المختار، كذا في الظهيرية. (الفتاوي الهندية ص391 ج4)
In conclusion, parents should preferably be equal to all their children if they intend distributing their assets amongst them (the children) in their lifetime. However, if they intend giving a little extra to one child (on the basis that that particular child has been serving them), then there is no harm in doing so with the proviso that, their intention was not to deprive the remaining children. This is according to the view of Imaam Yusuf Rahimahullah which is the juristic view.
Your parents are free to distribute their assets amongst other family members if they wish to do so as there is no restriction in this regard. However, they shouldn’t do so with the intention of depriving any of the heirs.
You may show the ruling to them and let them decide in the matter. There is no need to become confrontational and make an issue with them. Also, how can you be infringing on the rights of your heirs, when your heirs have nothing to do with their grandparent’s distribution or estate? Yes, if you exercise inequality when distributing your assets in your lifetime, then you will be infringing on your children’s rights (again only if your intention is to deprive some of the heirs).