Can I Give My Entire Property Equally to All My Daughters?
Hanafi Fiqh
Answered by Shaykh Abdul-Rahim Reasat
Question
Can a Muslim mother who has only daughters and no sons gift her entire property through hiba equally to all her daughters?
Answer
I pray you are well.
If you meant in a will, so they get an equal share after the mother passes away, yes – provided her husband or her parents are not alive. Otherwise, they are entitled to a share.
If it is during her lifetime she can gift her property to her daughters equally. The point that must be emphasised here is equality. Many parents favour one child over the others and this is a form of oppression.
(Maydani, al Lubab)
Fairness With Children
Bashir ibn Sa’d gave him sone Nu’man a slave and his wife insisted he cleared the matter with the Messenger of Allah (Allah bless him and give him peace). When discussing the matter with him, the Messenger of Allah (Allah bless him and give him him peace) asked if he had do the same with all his children. When he said he hadn’t, the Messenger of Allah (Allah bless him and give him peace) said, “Fear Allah, and be fair with your children.“ (Bukhari)
This is a central hadith for parents. Showing unfair favouritism to a child hurts the others. Children should be made to feel like they are equally loved.
May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History, he moved to Damascus in 2007, where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital. He was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.
