Son may receive double the gifts of daughter, like in inheritance
Fatwa No: 291874

Question

Asalam Alaikum sheikh...the problem is about distribution of property betwen one brother and a sister.Both parents are alive of them.the sister is married and living having a son but living in her maternal house with husband for seven yrs now.she purchased a house and asking for her money from her brother..as brother promised to give her money but flood hit the state in september and his business also ends up.now he said to the sister iam not having money to give u .already having responsibilitis of parents and wife,toddler.but sister giving him bad names u r a liar ,U are trurning away from words.brother angrily said father is alive take money from him .iam not responsible for ur money..pls suggest me what should he do know?Iam his wife...everyday she start arguing..pls wallahi he is in alot tension he promised becoz he was sure to give but flood hit everything..jazak Allah

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Your husband is not to be blamed for his excuse in not fulfilling his promise to help his sister. It is not permissible for her to insult him; however, he should not treat her in a like manner; rather, he should forgive and forget, and you should help him do so. Please, refer to Fatwa 84351.

If the father wants to distribute his money between his son and his daughter in his life, there is nothing wrong with that, provided he is just in his distribution and his gifts, as the Prophet, sallallaahu ‘alayhi wa sallam, said: “…so fear Allaah and be just in giving gifts to your children.” [Al-Bukhari and Muslim]

However, is justice achieved by the father giving the male twice the share of the female as in inheritance? Or is it achieved by giving exactly the same share to both the male and the female?

There are two opinions of the scholars concerning this issue. Ibn Qudaamah said, providing rationale for the former view: “The male is more in need than the female, because if they both get married, the bridal gift, the living costs, and the living costs of the children are required of the male, while the female receives this. So, it is more appropriate to favor the male because his needs are greater. Allaah divided the inheritance and He favored the male over the female based on this notion, and it applies to giving gifts in life by extension.

Allaah Knows best.

Related Fatwa