Dividing one’s property among the heirs during one’s lifetime

Question

Question: (1) Zayd is still alive, but as a precaution, so that there will be no quarrels and discord in the family in the future, he is dividing his property during his lifetime by approximate estimation. Is this correct or not? (2) Since Zayd is still alive and therefore all the property is his, is he entitled in the Shari‘a to give whomever he wishes as much as he wishes during his lifetime, or not? The heirs are not agreeable to his doing so. (3)

Answer

Zayd, during his lifetime, has full discretion over the property he owns: he may give to whomever as much as he deems fit, and no one has the right to object. However, it is necessary that his aim not be to harm any prospective heir out of natural resentment. Therefore, in such a situation, according to the position on which the fatwa is given (mufta bihi)

Source: Fatawa Mahmudiyya

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