Whatever an owner gives in his lifetime to a prospective heir belongs to that heir

Question

Question: The land that Zayd has, left by his father and grandfather, he is dividing into three parts. One part he has given to his elder son Bakr, who has been farming separately for 20 years now; one he has given to his younger son ‘Amr, and his own part he cultivates jointly with the younger son. Now the elder son insists: “I will cultivate half of your part, the third one” — that is, the property will be split into two parts and both brothers will cultivate it.

Answer

The elder son has no right to insist. Whatever you have given during your lifetime is also a kindness on your part. You may, without any hesitation, keep your own part with whichever son you wish, or keep it separate; no one can object or use compulsion.

Source: Fatawa Mahmudiyya

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