Question
Is it permissible to distribute your wealth when you are alive? Is it okay to customize my will to specify who will take what?
Answer
Alhamdulillah, wassalatu wassalamu ala rasulillah, wa ala alihi wa sahbihi ajmain.
1. Distributing Wealth While Alive
A Muslim is permitted to gift and distribute wealth while still alive. This is not inheritance (mirath) but hiba (gifting). However, the Prophet ﷺ emphasized justice among children: “Fear Allah and be just with your children.” (Bukhari, Muslim). Thus:
- If one distributes wealth while alive, it should be done fairly among the heirs (e.g., children), unless there is a clear, valid reason for distinction (such as a child in greater need, illness, or debt).
- Preferring one child over another without a Shari‘ah-based reason is discouraged and can be sinful.
2. Customizing the Will (Wasiyyah)
A wasiyyah (Islamic will) takes effect after death. The Shari‘ah sets strict limits:
- By default, one may only bequeath up to one-third of the estate to non-heirs (charity, relatives not otherwise inheriting, etc.).
- The Prophet ﷺ said: “Indeed, Allah has given every rightful person his right, so there is no bequest to an heir.” (Abu Dawud, Tirmidhi).
- This means you cannot assign or alter the shares of Qur’anic heirs in the will (e.g., giving one son more than another after death). Their shares are fixed by Allah in the Qur’an (Surah al-Nisa 4:11–12).
Usul Principle
- “Al-hukm yata‘allaq bil-haqiqah la bil-ism” — rulings are attached to realities, not labels. If you “customize” inheritance in a will, it is not considered a gift but an alteration of Allah’s set inheritance, which is impermissible.
- However, if you distribute wealth during life as gifts with fairness, this is valid.
Final Ruling
- It is permissible to distribute wealth while alive, but fairness among children and heirs must be observed unless there is a clear reason otherwise.
- After death, one cannot change the Qur’anic shares of inheritance. A will (wasiyyah) can only direct up to one-third of the estate to non-heirs.
- Therefore: You may gift wealth in your lifetime as you wish (with justice), but you may not customize inheritance in your will in a way that alters Allah’s prescribed shares.
And Allah knows best.