Gifting one third to the daughter and two thirds to the son

Question

Question: Zayd had a daughter and a young son. When the daughter grew up, he married her off and, at her wedding, gave her his household goods to the amount of one third as a dowry, and kept the remaining two thirds safe for that young brother, so that when he reached adulthood he would make use of his goods. Then Zayd fell ill, and while Zayd was ill the sister took away one third of the brother’s goods, and she locked up her own third of the goods and left it in the same house.

Answer

As for the goods that Zayd handed over to his daughter while in a state of health and well-being, there is no doubt that they are the daughter’s property. As for what remained: if he gifted it (hiba) to his small child by saying, “I have already given it to him; it is his property,” then all of it became that boy’s property, and neither the daughter nor any other heir has any…

Source: Fatawa Mahmudiyya

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