Allah Almighty has granted human beings autonomy within the bounds of the Shariah, which means that a person may use the blessings bestowed by Allah as he wishes, provided that he does not violate the laws that Allah Almighty has laid down. Wealth and property are also among these blessings, and a person has been given the authority of permissible disposal over it. On this basis, a Muslim may distribute property among his children during his lifetime, and may keep for himself as much as he wishes.
It should be remembered that distribution made during one’s lifetime does not fall under inheritance, because inheritance is the property that passes to a person’s heirs after his death, without his choice. If a person wishes to distribute property during his lifetime, he must distribute it under the rules of gifting (hibah).
Hibah and Its Islamic Rules
When a person gives something to someone without compensation, it is called hibah, hadiyyah or ‘atiyyah. Regarding this, the Islamic rules are as follows:
- Equal distribution among children: When gifting, sons and daughters will be given equal shares.
- Depriving someone is oppression: If some children are given something and others are deprived, this will be counted as injustice and a false act.
- Cancellation of the distribution: Such a distribution, in which some have been deprived, will be annulled, and it is obligatory to take back the thing.
- Gifting with consent: If something is gifted to a son or daughter with the consent of the rest of the children, there is no harm in it.
- Permission to give more: If more is given to someone and the rest of the children have no objection, this is also permissible.
- The father’s right of return: A father may take back a thing he has gifted to his child at any time, without any reason, and there is no sin in it.
- Gifting to a child in the womb: A gift cannot be made to a child in the mother’s womb, but a bequest may be made in its favour.
- Accepting a gift: Even if it is something minor, a gift should be accepted. Rejecting it is not preferred.
- Gifting a debt due: A thing that is owed as a debt by someone may also be gifted.
- Cannot be demanded: The giver makes the gift of his own will, and it cannot be demanded from him.
- Principle of equality: Under the law of gifting, all children, i.e. sons and daughters, will receive equal shares, and justice and equality between them is obligatory.
Textual Evidences: Hibah and Equality Among Children
-
The incident of Sayyiduna Nu’man ibn Bashir (may Allah be pleased with them both)
Hazrat Nu’man ibn Bashir (may Allah be pleased with them both) narrates: سَأَلَتْ أُمِّي أَبِي بَعْضَ الْمَوْہِبَۃِ لِي مِنْ مَّالِہٖ، ثُمَّ بَدَا لَہٗ، فَوَہَبَہَا لِي، فَقَالَتْ : لاَ أَرْضٰی حَتّٰی تُشْہِدَ النَّبِيَّ صَلَّی اللّٰہُ عَلَیْہِ وَسَلَّمَ، فَأَخَذَ بِیَدِي وَأَنَا غُلاَمٌ، فَأَتٰی بِيَ النَّبِيَّ صَلَّی اللّٰہُ عَلَیْہِ وَسَلَّمَ، فَقَالَ : إِنَّ أُمَّہٗ بِنْتَ رَوَاحَۃَ سَأَلَتْنِي بَعْضَ الْمَوْہِبَۃِ لِہٰذَا، قَالَ : أَلَکَ وَلَدٌ سِوَاہُ؟ قَالَ : نَعَمْ، قَالَ : فَأُرَاہُ قَالَ : لاَ تُشْہِدْنِي عَلٰی جَوْرٍ.
Reference: (Sahih al-Bukhari: 2585, Sahih Muslim: 1623)Translation: “My mother asked my father to give me some gift from his property. (At first he refused.) Later he became willing and gifted me that thing. My mother said: I will not be satisfied until you make the Prophet ﷺ a witness to this matter. So my father took my hand, while I was still a young boy, and took me to the Messenger of Allah ﷺ. He said: ‘The mother of this boy, ‘Amrah bint Rawahah, is demanding that I give him a gift.’ The Prophet ﷺ asked: ‘Do you have another child besides him?’ He replied: ‘Yes.’ Then the Prophet ﷺ said: ‘Do not make me a witness to injustice.'”
-
The command for equality among children
In Sahih Muslim, the Prophet ﷺ said: قَارِبُوا بَیْنَ أَوْلَادِکُمْ.
Translation: “Be equal among your children.”
Reference: (Sahih Muslim: 1623) -
The command of the Prophet ﷺ
It is narrated from Hazrat Nu’man ibn Bashir (may Allah be pleased with them both) that the Messenger of Allah ﷺ said: اِعْدِلُوا بَیْنَ أَوْلَادِکُمْ، اِعْدِلُوا بَیْنَ أَبْنَائِکُمْ.
Translation: “Be just among your children, be just among your sons.”
Reference: (Musnad al-Imam Ahmad: 275/4, Sunan Abi Dawud: 3544, Sunan al-Nasa’i: 262/6, and its chain is hasan) -
Equality in gifting
Hazrat Nu’man ibn Bashir (may Allah be pleased with them both) narrates that his father had gifted him a slave. His father said to the Messenger of Allah ﷺ: إِنِّي نَحَلْتُ ابْنِي ہٰذَا غُلَامًا، فَقَالَ : أَکُلَّ بَنِیکَ نَحَلْتَ؟ قَالَ : لَا، قَالَ : فَارْدُدْہُ.
Translation: “I have gifted a slave to this son of mine.” The Prophet ﷺ enquired: “Have you given the same to all your sons?” He replied: “No.” Then the Prophet ﷺ said: “Take back the gift from him.”
Reference: (Sahih Muslim: 1623) -
Justice among children
In another narration, the Prophet ﷺ said: أَفَعَلْتَ ہٰذَا بِوَلَدِکَ کُلِّہِمْ؟ قَالَ : لَا، قَالَ : اِتَّقُوا اللّٰہَ وَاعْدِلُوا فِي أَوْلَادِکُمْ.
Translation: “Have you done this with all your children?” He replied: “No.” The Prophet ﷺ said: “Fear Allah and be just among your children.”
Reference: (Sahih Muslim: 1623) -
Refusal of a gift
The Prophet ﷺ said: أَلَکَ بَنُونَ سِوَاہُ؟ قَالَ : نَعَمْ، قَالَ : فَکُلَّہُمْ أَعْطَیْتَ مِثْلَ ہٰذَا؟ قَالَ : لَا، قَالَ : فَلَا أَشْہَدُ عَلٰی جَوْرٍ.
Translation: “Do you have other sons besides him?” He replied: “Yes.” The Prophet ﷺ said: “Have you given all of them the same as this?” He replied: “No.” Then the Prophet ﷺ said: “Then I cannot be a witness to injustice.”
Reference: (Sahih Muslim: 1623) -
Justice of the parents
Hazrat ‘Aisha (may Allah be pleased with her) narrates that Hazrat Abu Bakr al-Siddiq (may Allah be pleased with him) had given her twenty wasq of property during his lifetime. When the time of his death drew near, he said: إِنِّي کُنْتُ نَحَلْتُکِ جَادَّ عِشْرِینَ وَسْقًا، فَلَوْ کُنْتِ جَدَدْتِیہِ وَاحْتَزْتِیہِ کَانَ لَکِ، وَإِنَّمَا ہُوَ الْیَوْمَ مَالُ وَارِثٍ.
Translation: “I had given you twenty wasq of property. Had you taken possession of it, it would have been yours, but today it has become inheritance property (belonging to the heirs).”
Reference: (Al-Muwatta: 752/2, Al-Sunan al-Kubra lil-Bayhaqi: 295/6)
Summary
These hadiths and accounts establish that when making gifts, justice and equality among children are necessary. The Prophet ﷺ declared giving more to one child and depriving another to be injustice, and it is obligatory to take back such a gift.
