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Is There A Restriction On Gift/ Hiba
Salam Alaikum
I believe Ghamdi sb’s point of view is that a person in their lifetime can gift anything from their possessions to anyone they want. Please correct me if this is not the case.
I believe Ghamdi sb also thinks that a person can equally divide their property among sons and daughters in their lifetime (same share to both genders). The law of inheritance would apply only if they die without doing this. Again please correct me if this is not Ghamdi sb’s point of view.
Now let’s see the reverse scenario. Many in Pakistan transfer their entire properties to their sons only and exclude daughters. Can they do this (without being sinful) if they do this in their lifetime?
I have specific scenarios to ask about but have generalized the questions to make them more beneficial for others as well. Hope you answer them convincingly as always. Jazakallah Khair.
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4 Replies
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Is There A Restriction On Gift/ Hiba
updated 1 month ago
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Replies
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Your understanding is correct.
A person has the legal authority to transfer their property according to their choice, but ethically, they are responsible for not doing injustice to any of their children. If they did, they would be answerable to God for this act of injustice.
God says after describing the law of inheritance:
مِنۡۢ بَعۡدِ وَصِیَّۃٍ یُّوۡصٰی بِہَاۤ اَوۡ دَیۡنٍ ۙ غَیۡرَ مُضَآرٍّ ۚ وَصِیَّۃً مِّنَ اللّٰہِ ؕ وَ اللّٰہُ عَلِیۡمٌ حَلِیۡمٌ
after the execution of any will bequeathed and any [outstanding] debts – without harming anyone.
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That is correct. There is no restriction on the person during his lifetime.
You can refer to the videos of Ghamidi Sahab in the following thread:
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Dear Dr Irfan Sb,
Thank you for your reply but I request a bit more clarity. If one has right to give all his property to anyone in their lifetime, then how will it be a sin or ethically incorrect if they give all to their sons and deprive daughters. They are just exercising their right. The verse you quoted is about inheritance not about Hiba. The question again remains is there any restriction on Hiba. The discussion should distinguish between Hiba, will, and inheritance. Unfortunately the videos in other thread suggested by Umar sb also don’t answer this clearly.
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Possessing authority does not excuse a person from committing injustice. Having authority is a test of one’s fairness, not a license to act unjustly. The Prophet also discouraged giving away all of one’s wealth in charity while neglecting the needs of one’s children.
If injustice in bequeathing is not allowed, it is obviously not allowed in Hiba, too.
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