Can A Mother Gift One Child All Property Sale Proceeds?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
My mother owns a property in Bangladesh that I largely funded (about 80%). She now wishes to sell it and give me the full amount. I have one sister who is alive, and my three deceased brothers have left children.
Is it permissible for my mother to gift the entire proceeds to me, and how should this be handled Islamically?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you’re in good health and faith. Thank you for your question.
Equal treatment is Sunna and default; unequal treatment without a reason can be sinful. Parents should consult scholars to maintain fairness and harmony.
Equality in Gifts to Children
According to Hanafi law, the mother is required to distribute gifts equally among all children, including sons and daughters. Favoring some children over others is generally disliked, as it causes discord, whereas equality fosters harmony and love.
An exception, however, is if there is a legitimate reason to give financial preference to one child, whether son or daughter, in which case doing so is not disliked.
Some examples include a child with greater financial needs, a medical condition, more dependents, or, in your case, a large contribution towards the house. However, it would be good if she looks at the needs of the wider children and gives accordingly. [Laknawi, Ta‘liq Mumajjad Sharh Muwatta’ Muhammad; Ibn Nujaym, Bahr al-Rai’q]
Gifting to Deprive
Islamically, one can gift anyone during their lifetime. Such gifts do not count as part of one’s estate and belong to the recipient. However, gifting to deprive heirs after death is impermissible. While the gift may be valid, the giver would be sinful. [Ibn ‘Abidin, Radd al-Muhtar]
As this is a sensitive matter of gifting, we urge you to consult with reliable local scholars who are well-versed in family dynamics.
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Currently, he resides in the UK with his wife and is interested in reading and gardening.
