Selling or gifting to a prospective heir

Question

Question: Zayd and Bakr are both full brothers. From their father’s estate (tarika) they received some land on which two houses had been built, while three hundred and fifty gaz (a unit of length, about a yard, ≈ 0.9 m) of land lay vacant. Bakr gave the built houses to Zayd for their value, and on the vacant land that fell to Bakr’s share he built a residential house.

Answer

If Zayd’s aim in this sale is to harm Bakr on account of personal hostility, then Zayd should not do so, for this act is makruh for him. But if the aim is that the daughters are more in need or more religious, and there is a fear about Bakr that he will spend his share in disobedience, or there is some other sound consideration (maslaha)

Source: Fatawa Mahmudiyya

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