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Fatwa CenterFather selling his only house to buy three houses for three daughters
Question
Assalaamu alaykum. I have three daughters and no sons. I plan to buy three houses, one for each daughter, so that they already have a house when I die. The money to buy the three houses will come from the sale of my current house. I have no other significant assets. Is this permitted in Islam? Thank you. Wassalaamu alaykum.
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
There is no religious impediment to selling your house and buying houses to give them as gifts (Hibah) to your daughters, as long as you give them those gifts while you are not suffering a fatal illness (that is expected to lead to death) and they accept the houses and take them in their possession. In this case, the houses shall not be part of your estate after your death because they went out of your possession through gifting them to your daughters.
However, if you mean that you will buy those houses so that your daughters will take them after your death, then that would not be a gift. Rather, it is a will made in favor of an heir. Muslim scholars stated that it is prohibited to make a will in favor of an heir; the rest of the heirs have the right to refuse to execute such a will.
Sharh Muntaha Al-Iraadaat reads:
“If a testator has other heirs besides a husband or wife, then It is impermissible for him/her to make a will in favor of an heir or beyond one-third of the estate to a non-heir, according to the opinion reported on the authority of Imaam Ahmad, whether the will has been made during the testator’s illness or in a state of perfect health. The will made in favor of an heir is prohibited because of the hadeeth that reads, 'Allaah has given each person who has rights his rights, so there is no will for in heir.' [Abu Daawood, At-Tirmithi, Ibn Maajah and Ahmad] The hadeeth was reported by Abu Daawood and At-Tirmithi on the authority of 'Amr ibn Khaarijah and was narrated by Ibn Maajah on the authority of Abu Umaamah Al-Baahili. It should be noted that such a prohibited will would be valid if the other heirs were to give their consent, as evidenced by the marfoo'; hadeeth narrated by Ibn 'Abbaas 
that reads, 'A will is not lawful for an heir unless the other heirs give consent.' [Ad-Daaraqutni] Moreover, it has been narrated on the authority of 'Amr ibn Shu'ayb, who narrated from his father, from his grandfather, that the Prophet 
said, 'There is no will made in favor of an heir unless approved by the other heirs. [Ad-Daaraqutni]”
Allaah knows best.
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