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Fatwa CenterDifference between will and gift
Question
I have one son and one daughter; the daughter is the older one. I want to divide my property between them, including my cash, land, and house. Can you please guide me as per the Islamic ways? What should be the ratio? Please note that my wife is still alive and that I will just make a will; any division that will take place will only happen after her passing. Please reply. Thank you.
Answer
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad 
is His slave and Messenger.
First of all, you should know that there is a difference between a gift/grant (Hibah) and a will (Wasiyyah). A gift takes place while you are alive and not sick with a sickness during which it is feared that you will die. In such case, it is permissible for you to gift your property to your son, daughter, and wife, and if they possess the gift during your lifetime so that they dispose of it as its owners, then the gift is valid and effective.
In giving a gift, you are obliged to be just between your son and your daughter because the Prophet said about the gift, “Fear Allah, and be just among your children when gifting them.” [Al-Bukhaari and Muslim]
Justice is achieved by gifting your daughter as much as you give to your son (equally between them), or you may give your son twice that which you give to your daughter, like in inheritance, and these are two opinions of the scholars, but the view we adopt here in Islamweb is the first.
As regards writing the division of your wealth after your death without making them possess it while you are still alive, then this is considered a will (Wasiyyah). There is no doubt that the will of Allah is more just than your will, so let them divide the inheritance according to the division prescribed by Allah, and do not worry about a matter which may happen contrary to what you expect, as a person whom you think will be your heir might die before you and you would be inheriting from them instead of them inheriting from you. Also, a will for an heir is Islamically forbidden, as Allah allotted for the heirs a right in what their parents leave behind.
Abu Umaamah Al-Baahili, may Allah be pleased with him, said, “I heard the Messenger of Allah say, ‘Verily, Allah has given every rightful person his right, so there is no will in favor of an heir.’” [Abu Daawood, Ibn Maajah, and At-Tirmithi – Al-Albaani graded it saheeh (sound)]
Also, you have no right to make a will that the division of inheritance will not take place until after the death of your wife, because the inheritance is transferred to the possession of your heirs after your death, and each heir has the right to possess his share, and you have no right to prevent him from what he is entitled to and which you do not own after you have passed away.
Allah knows best.
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