Ibn Majah

Hadith Commentary:

If it is apparent to the witness that this is an act of injustice, then it is obligatory upon him not to testify in its favor under any circumstances; otherwise, he too will become a partner in this sin.

Hadith Commentary:
(1)
Sometimes it happens that a person commits injustice against another or usurps someone’s right, and then seeks support from others for his wrongdoing. Some friends even become willing to assist him for this purpose. Doing so is itself tantamount to participating in the injustice and crime. Therefore, a person should never testify in favor of the oppressor; otherwise, he too will become a partner in this sin.

(2)
In the matter of gifts (hibah), all children should be treated equally. Preferring one over another is a disliked act, which is prohibited according to the aforementioned hadith. The narration of Abu Hurayz has been transmitted with a connected chain by Imam Ibn Hibban rahimahullah.
(Sahih Ibn Hibban (Ibn Balban): 11/506)

Hadith Commentary:
From this incident, it is established that one should have witnesses over a gift (hibah).
Nu'man's (radi Allahu anhu) mother wished to make the Messenger of Allah (sallallahu alayhi wa sallam) a witness over the gift (hibah).
From this, the heading of the chapter is also substantiated.

Hadith Commentary:
It is permissible to appoint witnesses when giving a gift (hibah), just as the noble mother of Nu'man (radi Allahu anhu) requested the Messenger of Allah (sallallahu alayhi wa sallam) to bear witness to the gift. However, the Messenger of Allah (sallallahu alayhi wa sallam) did not bear witness to a gift that deviated from justice and fairness, nor did he approve of it. Rather, he commanded justice, fairness, and equality.

Hadith Commentary:
It is understood from this that justice is necessary in the matter of gifts or donations to children; whatever is given should be given equally to all, otherwise it will be oppression.
It is established for the father that he can take back his gift from his children, and in times of need, he may also consume from the wealth of his children according to customary practice.
In the narration of Ibn Hibban and Tabarani, it is stated as follows:
The Prophet (sallallahu alayhi wa sallam) said, "I do not bear witness to oppression."
Our Imam Ahmad ibn Hanbal (rahimahullah) holds the same view, that justice among children is obligatory, and giving more to one than another is forbidden.
In one narration, it is mentioned that Nu'man's father gave him a garden, and in most narrations, a slave is mentioned.
Hafiz said: Tawus, Thawri, and Ishaq are also in agreement with Imam Ahmad.
Some of the Malikis say that such a gift is invalid, and Imam Ahmad is correct in saying that it is obligatory to retract it, while the majority opinion is that justice and fairness in gifting to children is recommended (mustahabb).
If someone gives more to one child, the gift will be valid but disliked (makruh); the Hanafis also hold this view.
(Wahidi)
Hafiz Ibn Hajar has cited here the practice of the two caliphs (Abu Bakr and Umar) and explained that the command for equality in gifting to children is for recommendation (istihbab).
It is mentioned in the Muwatta with an authentic chain that Abu Bakr as-Siddiq (radi Allahu anhu), during his final illness, said to Aisha (radi Allahu anha): "I intended to give you something as a gift, but if you had accepted it, it would have been yours, and now it will be distributed among the heirs."
The incident of Umar (radi Allahu anhu) is mentioned by Tahawi and others, that he gave something as a gift to his son Asim.
Those who prohibit (unequal gifts) have replied that in the actions of the two Shaykhs (Abu Bakr and Umar), all their other children were content.
In such a case, there is no doubt regarding its permissibility.
In any case, equality is better and preferable.

Hadith Commentary:
(1)
This narration is clear in its meaning; however, the jurists have differed on the issue of whether a person can make a distinction when giving gifts to his sons. Imam Ahmad rahimahullah and several other imams hold the view that it is permissible to give a son twice as much as a daughter, but the majority (jumhur) are of the opinion that equality and justice among children is necessary. Justice demands that no distinction be made, because the Messenger of Allah sallallahu alayhi wa sallam ordered the return of a gift based on distinction. Then, in another hadith, he said:
“I cannot bear witness to this injustice.”
(Sahih al-Bukhari, al-Shahadat, Hadith: 2650)
(2)
If any son or the like is disabled and unable to work, then justice and fairness require that the father give such a child something in a preferential manner. If, out of consideration for equality, he gives nothing to him, then in resolving the issues of life, he has not acted justly with his disabled child. Doing so is against the religion of Islam. The father should allocate some money or property for the disabled child.
And Allah knows best.

Hadith Commentary: Benefits and Issues: This hadith proves that it is not permissible to show favoritism among children in gifts, presents, and donations (hiba) without necessity or valid reason. However, if there is a cause, reason, or need, then it is permissible. For example, one child is young and his needs are fewer, another is older and his needs are greater; one is uneducated, another is engaged in scholarly pursuits and therefore requires more money. And these matters, in reality, are not gifts or donations, but rather necessities, in which equality is not possible.

One is married, another is unmarried; one lives with the father and serves him, the other does not even inquire about him. In such matters, an increase or decrease is not considered favoritism or preference. Therefore, wherever an incident is reported from the noble Companions (radi Allahu anhum) that they gave to one child and not to another, it was done considering the need of the recipient, or with the consent of the others.

Therefore, according to Imam Ahmad, Imam Ishaq, the Imams of hadith, and the Zahiri scholars, equality in gifts and donations is necessary. Even from another narration of Ibn Abbas (radi Allahu anhuma), it is understood that it is not permissible to differentiate between male and female children in this matter. It is a moral obligation, because such favoritism can cause discord and corruption in the mutual relations of the children and in their attitude towards the parents. Therefore, this is a disliked act, even if it is permissible.

This is also the position of Imam Abu Hanifah, Imam Malik, Imam Shafi’i, Imam Layth, and others. According to Imam Abu Yusuf, if the favoritism is intended to harm someone, then it is not permissible. According to Hasan al-Basri, it is not permissible religiously (diyanatan), even though it is permissible legally (qada’an).

And this hadith also proves that a father can take back a gifted or donated item. The majority (jumhur) have presented nearly ten (10) interpretations regarding this hadith, and the author of Subul al-Salam has written that all of them are unacceptable. (Subul al-Salam, vol. 3, p. 109)

Hadith Commentary: Benefits and Issues: This hadith establishes that Nu’man’s father carried him for some distance, as he took him by the hand and led him for a certain distance. Also, the statement of the Prophet sallallahu alayhi wa sallam, “Make someone other than me a witness,” does not mean that he was actually instructing him to make someone else a witness, because this matter is permissible, but it is not preferred. For further on, the Prophet sallallahu alayhi wa sallam said, “Then do not do so,” which is evidence that the intent was: you want to make me a witness for your wife, and I do not bear witness to this injustice. And if I refuse, how can anyone else be a witness, or how will your wife be satisfied? Then, it was also clarified that if you do not consider all your children equal, then how can you expect equal treatment from them? And from this reasoning, it is established that this ruling was not only for Bashir radi Allahu anhu, taking into account his circumstances and conditions, but rather it is an address to all fathers, because this reasoning applies everywhere. And it is also understood that in gifts (ʿaṭiyyah), there is no difference between male and female, because good treatment and loyalty are required from both.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
التوي سنة:
He procrastinated for a year.
(2)
ثم بدا له:
Then the thought of giving occurred to him,
because his wife remained persistent in her insistence.
(3)
جور:
Something deviated from moderation and the straight path,
oppression.

Hadith Commentary: Benefits and Issues: When Nu'man radi Allahu anhu was born, his mother, Umrah bint Rawahah radi Allahu anha, demanded that some gift be given to her child; otherwise, she would not undertake his upbringing and care. So his father, Bashir bin Sa'd radi Allahu anhu, in order to please his wife, gifted his son a very fine garden. Later, he took it back, and then continued to procrastinate. When his wife's insistence increased, he expressed the intention to give a slave. In view of the previous incident, the wife said that the Messenger of Allah sallallahu alayhi wa sallam should be made a witness to this, so that it could not be taken back again. Therefore, he took his son along and presented himself before the Messenger of Allah sallallahu alayhi wa sallam. Some narrators have mentioned the incident of the testimony together with the gifting of the garden, which is an error, because if he had already heard about that issue, he would not have done it again.

Hadith Commentary: Benefits and Issues: From these words of the Prophet sallallahu alayhi wa sallam, it is understood that if, without any reason or necessity, a distinction is made among children, then it is obligatory for the father to return such a gift or grant. And it is not correct to interpret this by saying that Ummrah radi Allahu anha had made this gift conditional upon the permission of the Messenger of Allah sallallahu alayhi wa sallam, because she had only asked to make the Prophet sallallahu alayhi wa sallam a witness due to the fear of the gift being taken back, not to seek his permission, as is clarified in the next narration.

Explanation:
1:
According to the majority, the ruling of equality in gifting (hibah) to children is for recommendation (istihbab).
It is mentioned with an authentic chain in the Muwatta that Abu Bakr as-Siddiq radi Allahu anhu said to Aisha radi Allahu anha during his final illness: “Indeed, I intended to give you something as a gift (hibah), so if you had taken it, it would have been yours, but now it belongs to the heirs.”
In the same way, the incident of Umar radi Allahu anhu is mentioned by Tahawi and others, that he gave something to his son Asim as a gift (hibah).
Imam Ahmad ibn Hanbal and others are of the opinion that it is obligatory (wajib) to be just in gifting (hibah) among children, and giving one more than another is unlawful (haram).
These scholars respond to the actions of the two Shaykhs (Abu Bakr and Umar radi Allahu anhuma) by saying that their other children were content with these actions.

Benefits and Issues:
➊
It is obligatory upon parents to maintain equality among all their children, sons and daughters alike, without discrimination, in matters of gifts and presents.
And if any child serves them more,
then that is his own good fortune.
He will receive its reward from Allah.
In addition, he will also receive more affection and prayers from his parents.
However, parents cannot give him financial preference over the others.
If they do so, it will be injustice.

➋
It is obligatory upon children to consider serving and showing kindness to their parents as a blessing, and not to think in this way: “So-and-so does not do it.”
Rather, they should think: “This service is for me to perform.”

➌
To bear witness to injustice is also impermissible and is cooperation in sin, as Allah the Exalted has said:
(“And do not cooperate in sin and transgression”) () i.e., do not cooperate with one another in sin and aggression.

➍
It is necessary for the caller (da‘i) and the nurturer (murabbi) that, in explaining the truth, he should intellectually and ideologically convince and satisfy the addressee.

➎
The addition of the words from Mujalid in this narration is not authentic.
(‘Allamah al-Albani)

Benefits and Issues:
Benefit: When a person wishes to give a gift to his children, it is obligatory that he should not make any distinction between sons and daughters, those who serve and those who do not, the young and the old, the learned and the ignorant, the intelligent and the dull-witted, etc.
No one should be deprived.
And as much as possible, he should give equally to all.
However, if instead of a gift or present, a person’s intention from the outset is that whatever inheritance or estate there will be after his death, he wants to distribute it among the heirs before his death,
then in this case, it is obligatory to adhere to Allah’s rulings regarding inheritance.
If this is not adhered to, then distributing the estate during one’s lifetime will be considered a trick to alter the shares fixed by Allah, which is not appropriate for any Muslim.
‘Ataa,
Shurayh,
Ishaq,
and Muhammad bin Husayn—
such jurists consider it necessary to distribute even ordinary gifts given during one’s lifetime according to the shares of inheritance.
(al-Mughni by Ibn Qudamah, Book of Gifts and Donations, Explanation of Who May Take Possession of a Gift for a Minor...)
However, it is not possible to agree with their opinion because the Messenger of Allah (sallallahu alayhi wa sallam) said:
Maintain equality among your children when giving gifts.
If I were to give preference to anyone, I would have given preference to women (Fath al-Bari, Book of Gifts and Their Virtue, Chapter: Testimony in Gifts).
It is also not permissible to deprive any child by declaring him disinherited. If, God forbid, the mother leaves the fold of Islam, then she can neither inherit nor can a Muslim inherit from her.

(1) The relationship between a father and his children is very close. Even the slightest flaw in it can lead to many evils; therefore, the Shari‘ah has given guidance that equality should be maintained among children so that none of them feels deprived. Giving a gift only to one son can create hatred among the other sons towards that brother and the father, the consequences of which can be dangerous. Therefore, this has been prohibited, and it has been commanded that if a gift is to be given, it should be given to all. In the presence of such an explicit narration, it is astonishing that the Hanafis say that equality among children is not necessary.

(2) This equality is only in gifts and donations. As for maintenance (nafaqat), the share will be according to need; for example: expenses for food and drink, clothing, education, marriage, etc., cannot be equal for all. These will be according to necessity.

Urdu marginal note:
In the authentic hadith, it is stated that it is prohibited to take back a gift after giving it, except that a father may take back what he has given to his child.

(1) "Make witnesses"—so that tomorrow the other sons do not dispute.
(2) "He did not approve"—because this was injustice, and to be a witness to injustice is tantamount to participating in it.

3707—It is narrated from Hazrat Bashir bin Sa'd radi Allahu anhu that he gave a slave as a gift to one of his sons. Then he came to the Noble Prophet sallallahu alayhi wa sallam so that the Prophet sallallahu alayhi wa sallam would be a witness to this gift. He (the Prophet) said: "Have you given such gifts to all your children?" He said: No. He (the Prophet) said: "Then take it back from him."

Urdu marginal note:
“Do not make me a witness”—this does not mean to make someone else a witness instead, but rather, it is a manner of rebuke meaning: do not do this. Just as in the Noble Qur’an it is stated: ﴿So whoever wills—let him believe; and whoever wills—let him disbelieve﴾ (: al-Kahf 18:29). That is why it has been called oppression (zulm). And oppression is forbidden (haram).

(1) In some of the aforementioned narrations, there is mention of children in general. The word "awlad" refers to both males and females; therefore, if a person wishes to gift (make a hiba) to his children during his lifetime, he should treat all his children (male and female) equally. In the division of inheritance, a distinction will be made between male and female, but not in gifts (hiba) and grants (atiyyah). And Allah knows best.

(2) The majority of scholars have considered equality among sons to be recommended (mustahabb), not obligatory (wajib); however, in the presence of such authentic and explicit narrations, this position is not correct.

Benefits and Issues:
(1)
One should treat children equally.
Equality in daily necessities means that each should be given according to his need, for example:
The child who needs clothing should be provided with clothing.
The one who needs medical treatment should be given treatment.
Apart from this, equality is necessary in gifts.

(2)
There is a difference between the shares of sons and daughters in inheritance, but there is no such difference in gifts.

(3)
Just as in buying and selling, it is appropriate to have witnesses when giving a valuable thing as a gift.

(4)
The benefit of treating children equally with good conduct is that the love of the parents will be equal in the hearts of all the children; thus, they will also try to show equal respect and service.

(5)
By stating the wisdom along with the legal ruling, the benefit is that the questioner becomes satisfied and acts upon it happily.

(6)
Parents can take back something given to their children.

(7)
If, out of ignorance, an act is done which is legally prohibited, then it is necessary to make every possible amends for it.

Hadith Authentication:
[وأخرجه البخاري 2586، ومسلم 1623/9، من حديث مالك به .]

Jurisprudential Understanding:
➊ If a person gives something to his children as a gift (hibah) with justice and equality before falling ill, it is permissible. A gift (hibah) given during illness is considered a bequest (wasiyyah). Keeping in view the authentic ahadith, Hafiz Ibn Abd al-Barr writes:
«والوصية للوارث باطلة» “And a bequest for an heir is invalid.” [التمهيد 225/7]
➋ It is better and more virtuous to give gifts equally to all children (whether sons or daughters). If some children are given more gifts than others, then according to some scholars this is permissible provided the other children are content and no harm is caused, but it is still better that it be equal.
➌ A man wanted to give preference to some of his children over others in giving gifts, so Qadi Shurayh rahimahullah considered this oppression and refused to bear witness. [مصنف ابن ابي شيبه 221/11، 222/11 ح 30989 وسنده صحيح، سعيد بن حيان تيمي ثقته]
➍ It is implied from this hadith, and explicitly established from another hadith, that it is not permissible to take back a gift (hibah), except for a father—he may take back a gift from his children. See: [سنن ابي داود : 3539 وسنده صحيح، سنن الترمذي 1299، وقال: حسن صحيح، وصححه ابن الجارود : 994 وابن حبان، الاحسان:5101 5123 والحاكم 46/2 والذهبي]
● According to some scholars, the same ruling applies to the mother.

Takhrij:
«أخرجه البخاري، الهبة، باب الإشهاد في الهبة، حديث:2587، ومسلم، الهبات، باب كراهة تفضيل بعض الأولاد في الهبة،حديث:1623.»©

Explanation:
This hadith is evidence that one should treat children—whether male or female—equally when giving gifts.
The view of Imam Ahmad, Thawri, Ishaq rahimahumullah, and others is that if there is no equality, the gift (hibah) is invalid.
The statement of the Messenger of Allah sallallahu alayhi wa sallam to Bashir radi Allahu anhu, "Take back the slave," supports this.
However, according to the majority of scholars, this equality is recommended (mustahabb), not obligatory (wajib).

Benefit:
From this hadith, it is established that one must be just among one’s children. It is also established that one should not bear witness to falsehood, and that one should investigate beforehand with people so that one does not end up bearing witness to a lie.

Benefit:
Its explanation has already been given: 947. Also, in this hadith it is mentioned that children should be treated equally in gifts and presents, and even if a father distributes inheritance during his lifetime, sons and daughters will be given equal shares.