Question:
I am a male and the youngest child of four sisters, all of whom are married. My father owned a house, an apartment, and a car. Before my parents passed away, they sold the apartment to me and instructed me not to inform my sisters of this matter until after their death. I followed their instructions. Is this apartment my rightful property, or should my sisters inherit a share of it?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful
All praise is due to Allah, and peace and blessings be upon the Messenger of Allah, his family, and his companions.
The default ruling — as it appears to us — is the obligation to treat one's children equally in gifts, as the Prophet Muhammad (peace and blessings be upon him) said: “Fear Allah and treat your children equally.” Favoritism among children is not permissible without a legitimate reason. If favoritism occurs without justification, the father is sinful and must repent in one of two ways: either by returning what was given in excess to the others or by giving the others an equal share. If the father dies before correcting this situation, the ruling differs based on two scenarios:
- If the favoritism occurred during the father’s healthy state: Most scholars hold that the gift remains valid if it was completed by the recipient taking possession, even if there was favoritism. However, the heirs are encouraged to achieve justice and rectify the division voluntarily.
Imam Ahmad held a view that the other heirs have the right to reclaim the unjust gift. Shaykh al-Islam Ibn Taymiyyah stated: “If someone favored some of his children in a gift, he must revoke it during his lifetime as the Prophet (peace be upon him) commanded. If he dies without revoking it, it should be revoked after his death as well, according to the soundest opinion, as an act of obedience to Allah and His Messenger. It is not lawful for the favored child to keep the favor; rather, they must share all the inheritance equitably with their siblings according to the justice that Allah commanded.”
- If the gift was made during a terminal illness or a life-threatening condition: In this case, the gift does not take effect and the inheritance must be divided according to Islamic Sharia, ensuring that no heir is excluded.
Accordingly, if this apartment was gifted to you while your father was in good health and the gift is fully in your possession, then the default ruling is that it belongs to you. However, it is recommended that you voluntarily include it in the inheritance out of kindness to your father and mercy towards him — he showed you mercy during his lifetime, so show mercy to him after his death. This also helps maintain good relations with your sisters and prevents disputes, as preventing animosity among kin is one of the objectives of Islamic Sharia.
Furthermore, it seems from your question that you did not actually take possession of the apartment, as your father kept the matter secret and instructed you to conceal it from your sisters. This indicates that you did not fully possess it and that it remained under your father’s control. If this is the case, the gift should be returned to the estate and divided among all the heirs according to Islamic inheritance rules, where the male receives twice the share of the female after debts and bequests are settled.
This view appears to be the strongest in this matter and aligns with the opinion of Imam Ahmad. However, the majority of scholars from the Hanafi, Maliki, and Shafi'i schools hold a different view, allowing favoritism in gifts. They interpret the hadith of Nu'man ibn Bashir as merely recommending equality rather than making it obligatory, as a Muslim has authority over their property and may give it to whomever they wish. Both Abu Bakr and Umar favored some of their children with portions of their property. We mention this alternative opinion for completeness and to clarify the width of Islamic jurisprudence. However, we favor the first opinion.
And Allah knows best.
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Taken from fatawaalsawy.com
