Should I Be Upset That My Father Gave His Whole Property to My Nephew?
Answered by Ustadha Shazia Ahmad
Question
My father gifted his property to my autistic nephew, citing his condition as the reason. This has caused resentment, as I was always told the property would be divided equally between me and my brother. Am I wrong to feel upset about this decision?
Answer
Thank you for your question. Yes, you should be upset, as your father was unfair in his distribution of this gift and broke his word, but I encourage you to be patient.
Equal Treatment
“The mother of Nu‘man Ibn Bashir, ‘Amra Bint Rawaha, asked his father to give a gift from his wealth to their son. He delayed for a year, then agreed. She said:
‘I will not be satisfied until you make the Messenger of Allah (Allah bless him and give him peace) a witness to what you have given to my son.’
So my father took me by the hand—I was a young boy at that time—and went to the Messenger of Allah (Allah bless him and give him peace). He said: ‘O Messenger of Allah, the mother of this boy, Bint Rawaha, liked me to make you a witness to what I have given to her son.’
The Messenger of Allah (Allah bless him and give him peace) said: ‘O Bashir! Do you have any other children besides this one?’ He replied: ‘Yes.’ The Prophet said: ‘Did you give all of them a gift like this?’ He replied: ‘No.’ The Prophet said: ‘Then do not make me a witness, for I do not bear witness to injustice.’” [Bukhari; Muslim]
What to Do
Communicate with your father about how this has hurt you and ask if he might change his decision and make it fair according to Allah and His Messenger. If not, then ask if he has planned to give you and your brother something else; you might be surprised. If not, then I urge you to accept this decision for the peace of the family and not be angry. Make dua for guidance and wisdom in this affair. Consult a local scholar about the matter as well.
Keep in Mind
- Gifts given during one’s life do not count as inheritance. The rules of inheritance apply after death.
- After your father’s death, a (pre-written) bequest of up to one-third of his wealth can be given to a non-heir (such as your nephew). Two-thirds of the wealth goes to the heirs as prescribed in the Holy Quran.
Please see more details here:
- Can I Divide My Property Equally among My Children?
- Can I Give My Entire Property Equally to All My Daughters?
- Transferring Property to Children in One’s Lifetime
- Can Property Be Divided Among Heirs Before Death?
- Estate Division and the Sunna of Equal Treatment of Children in Gift Giving
- How Do I Divide My Will and Inheritance?
- Is It Permissible for Parents to Distribute Wealth Before Their Death?
- How Does a Wish for Transfer of Ownership Affect Inheritance?
May Allah give you the best of this world and the next.
[Ustadha] Shazia Ahmad
Checked and Approved by Shaykh Irshaad Sedick
Ustadha Shazia Ahmad lived in Damascus, Syria, for two years, where she studied aqidah, fiqh, tajweed, tafsir, and Arabic. She then attended the University of Texas at Austin and completed her Master’s in Arabic. Afterward, she moved to Amman, Jordan, where she studied fiqh, Arabic, and other sciences. She later moved back to Mississauga, Canada, where she lives with her family.
