Inheritance to a son born After Dividing his Wealth

Answered by our Shaykh, the ‘Allāmah, the Trustworthy Advisor, Abu ‘Abdirrahmān Yahya bin ‘Ali Al-Hajūri – may Allāh preserve him – on the 25th, Dhūl-Hijjah, 1441H

Question:

If a father gives his son wealth and he doesn’t have another son then he is blessed after that with other sons, is justice incumbent upon him to give the likes of what he gave the first?

Answer:

If he has wealth, he has flexibility and is able to give to his brother or brethren what he gave the first and the likes of this then he should be just, for example if he built this one house and he became older, then Allah made it easy for him to have another son then he built another house, then he got the first one married and is still well-off then married the other, even if the condition of the marriage of the other was not like the first, this is no problem, it is justice and from taking care

كلكم راع ومسؤول عن رعيته

“All of you are shepherds and responsible for his flock.”

And if he is not well-off and he did with the first according to his flexibility and it wasn’t made easy for the second there is nothing upon him;

“فاتقوا الله ما استطعتم”

“Fear Allāh as much as you can.” [At-Taghābun, 16]

If he is incapable of getting him married or giving him what he gave the first son due to the situation of equal division not being present (at that time) then he doesn’t fall into sin.

Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi

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Original Fawta Audio: https://t.me/sh_yahia_duroos/7608