Transferring ownership before death differs in name and substance from transferring it after death.
After death, it is called inheritance or a will, each with its specific rulings. The shares of inheritance are clearly defined by Sharī῾ah law, where there is no room for personal reasoning.
However, transferring ownership during one’s lifetime falls under different categories, including obligatory transfers such as zakāh, the wife’s dowry, and debt repayment, among other obligations.
It also includes permissible transfers, such as gifts and donations. The domain of gifts and donations is broad because its purpose is kindness and support. Therefore, Sharī῾ah law does not prescribe specific shares for it, leaving it to the discretion of the giver or donor.
Anyone who wishes to transfer ownership to one of his children or all of them during his lifetime has the right to do so. He is not required to follow a specific division. He may give equally or with distinction, considering factors such as age, earning capacity, gender, and other considerations.
The evidence for this includes the ḥadīth of Abī Bakr giving a gift to ῾Aā᾽ishah and the ḥadīth of Nu῾mān ibn Bashīr about his father.
Accordingly, this giver has the legal right to distribute such money as he wishes from a personal point of view. However, he must have justifiable reason for any distinctions made from a religious point of view.
