Gifts

Selling one's children's gold to purchase something for them

Q: My two small girls ages 5 and 6 were gifted 18 carat gold pendants. My husband wants to sell them to buy beds for them as our 9 year old is sleeping on the floor on a mattress.

I'm against it as I told him that it is not permissible to do so as this was gifted to them. He's refusing to listen and said to ask Mufti saheb the above. Please advise.

Getting "cash back" from Google Pay

Q: There is an app of Google known as "Google pay". It's used to transfer money from account to account. But every time when this app is used for money tranfer, it gives some money back as "cash back". For example... if I transfer 1000 rupees to Zaid's account, Zaid will get the full 1000 rupees and I will also get 10 or 20 rupees as cash back. Is this 10 to 20 rupees halaal?

Equality in gifting to children

Q: My in laws have recently 'gifted' their properties to their children within their lifetime in a manner which has not accounted for their most dutiful eldest son, who has financed many cash injections of daily expenditures for his parents and siblings (education, travel, groceries, shopping) over a span of 3 decades such that these properties could be amassed has been exploited yet again. He sacrificed his education, his work shifts everything he wanted to achieve, whilst contributing to educating, marrying all his siblings from abroad and who are now settled abroad. This particular son is in major debt crisis due to a national recession. Despite this knowledge my in laws have dustributed their properties unfairly.

Dont children who are more needy, facing debt crises and are middle aged, unmarried females late thirties, or child who dont own any property of their own have more priority than children who already own investments and their own property?

How does this inequality in distribution be explained in Islam? Gifting is at the gifters discretion, but a parent continuously exploiting one particular child who has sustained their wellbeing, lifestyle, needs, all sibling responsibilities and ignoring 2 further other needy siblings isnt that haram?

Are parents accountable for such unfairness towards children?

Gifting a property without giving full control to the recipients

Q: My respected mother, whilst she was alive, mentioned to me and several of her children "the flat that belongs to me in a certain apartment building, I have given it to my 2 granddaughters but I will continue to take the rental as long as I am alive".

I did mention to her on a few occasions that it is incorrect to give a gift in this manner, you either give it away with all its benefits to the 2 granddaughters otherwise it will form of part of your estate. She has passed on to the mercy of Allah Ta'ala without correcting this statement or re gifting this property in the correct manner.

I would like to find out if this property in question will form part of her estate or will it be in the ownership of the two granddaughters?

Land expropriation

Q: My great grandfather had an estate in Durban from which they were forcefully evicted in 1972. My father also passed away in 1972. He was survived by his two brothers of which one passed away a few years ago. My paternal grandfather, who is now late, had many brothers and sisters of which two brothers and few sisters are living.

One of my paternal grandfather’s living brothers contacted the government some years ago to ask for compensation. The government sold this land recently for about 20 million Rands. The government decided to give us a gift of plus minus six million Rands in total, but did not know how to apportion it. They looked at the surviving sons and daughters of my great grandfather. In total, there are plus minus 34 shareholders.

In our scenario, my paternal grandmother is first in line since my paternal grandfather is late. She has one living son who is my father’s brother and no daughters. The government said that the money is a gift to all the living descendants of my great grandfather, but each one’s descendants should amicably agree to apportion their shares proportionately.

In my case, my father is survived by my mother, my brother and I. So, the government is giving about R200 000 each to my paternal grandmother, my father’s living brother and R200 000 to my mother, brother and myself and the last R200 000 to my father’s late brother’s family.

Initially, my father’s brother was not happy to give us the money saying that we do not inherit. However, due to pressure from all other shareholders, he decided to also make us party to the gift. Are we entitled to accept this gift from the government?