Ask an Alim

Gift Before Death-will

Q:

Salaam-U-Alaikum Sheikh, I am a male and have one brother. We are both married with children. My brother is mash’Allah much more successful than I. He owns a nice home and is retired. He jointly owns a second home which is rented out. He makes some income from this rental house. I on the other hand am not nearly as financially successful. I am not retired and have been out of work for some time. I do not own a home and have very little in the way of assets. I and my wife and children live with my parents in their home. I also have one more child than my brother. Sadly, my father is close to death. But he has not passed away as yet. He recently decided that he would give me his house. He decided this on the fact that I am in substantial financial difficulty whereas my brother is most likely close to being a millionaire. This is what my father said to me when I asked why he decided to do this. As a result, he changed his will so that upon his and my mother’s death their home would be given to me. My brother would be excluded from the home. Other monies and assets would be divided between my brother and I according to Islamic rules. My brother, was upset upon hearing this and does not agree. He states that the home should be divided between both of us. Our father disagrees and has stated that he is still alive and he is effectively giving the house to me before his death (while he is alive). To ensure this, he has changed his will to ensure that I receive the house according to the laws of our country (upon his and my mother’s death). My father has tried to reason with my brother stating that I am financially much lower and that he does not wish for me to become homeless (especially with my young family). My brother does not agree and has become very upset. This whole issue has caused me great sadness. I am most of all worried about disobeying Allah (SWT). I do not know whether my father is doing the right thing or not. Please advise accordingly what I should do.

A: