Q: A man with three sons built a house but only two of the three contributed to it, while one (Part No. 11; Page No. 269) who had some health and financial troubles could not. Later, his condition improved and he built a special house for himself. After some time,
the man wanted to give the building to his sons, how should it be divided among them?
A:
If the contributions of the two sons were a kind of donation to their father, then the house is owned by the father and it is impermissible for him to single out some of his children by giving it to them. The Prophet (peace be upon him) stated:
Fear Allah, and be just to your children.
If their contributions were not donations but a share in the building, it is permissible for the father to give them from the building what equals their contribution, even if he does not give anything to other children, because this is their right and share in the building. As for what exceeds that, the father should give it to all his children.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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