Shari‘ah Ruling on a Mother Renouncing Her Inheritance Share in Favor of One Son
✒ Fatwa by the Saudi Permanent Committee for Islamic Rulings
If a mother receives a share of inheritance from her deceased husband (i.e., the father of the children), then it is not permissible for her to give up her share in favor of one child while depriving others.
✔ Justice among children is obligatory, even after the death of the father.
✔ The mother must deal equally with all her children regarding any portion of wealth she owns.
In Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim, it is narrated from Nuʿmān ibn Bashīr رضي الله عنه:
His father gifted him a slave and came to the Prophet ﷺ to testify to this gift. The Prophet ﷺ asked:
"Have you given each of your children something similar?"
He said: “No.”
The Prophet ﷺ said:
"Then take it back."
And in another narration:
"Fear Allah and be just among your children."
(Ṣaḥīḥ al-Bukhārī: 2587; Ṣaḥīḥ Muslim: 1622/18)
Another version mentions:
"Would you like all of them to treat you equally in kindness?"
He replied: “Certainly.”
The Prophet ﷺ then said:
"Then do not do this."
(Ṣaḥīḥ Muslim: 1266/17)
These narrations clearly establish that favoring one child over others — even in personal wealth — is prohibited unless justified and accepted by all.
This ruling applies if the mother is in a healthy state when she gives or promises a gift. If done in illness (i.e., marḍ al-mawt), it may fall under restricted conditions similar to a will (waṣiyyah), which cannot be made in favor of an heir without the consent of all other heirs.
✒ Fatwa by the Saudi Permanent Committee for Islamic Rulings
◈ Can a Mother Waive Her Inheritance for One Son?
If a mother receives a share of inheritance from her deceased husband (i.e., the father of the children), then it is not permissible for her to give up her share in favor of one child while depriving others.
✔ Justice among children is obligatory, even after the death of the father.
✔ The mother must deal equally with all her children regarding any portion of wealth she owns.
◈ Prophetic Guidance on Equal Treatment
In Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim, it is narrated from Nuʿmān ibn Bashīr رضي الله عنه:
His father gifted him a slave and came to the Prophet ﷺ to testify to this gift. The Prophet ﷺ asked:
"Have you given each of your children something similar?"
He said: “No.”
The Prophet ﷺ said:
"Then take it back."
And in another narration:
"Fear Allah and be just among your children."
(Ṣaḥīḥ al-Bukhārī: 2587; Ṣaḥīḥ Muslim: 1622/18)
Another version mentions:
"Would you like all of them to treat you equally in kindness?"
He replied: “Certainly.”
The Prophet ﷺ then said:
"Then do not do this."
(Ṣaḥīḥ Muslim: 1266/17)
These narrations clearly establish that favoring one child over others — even in personal wealth — is prohibited unless justified and accepted by all.
◈ Condition: While in Sound Health
This ruling applies if the mother is in a healthy state when she gives or promises a gift. If done in illness (i.e., marḍ al-mawt), it may fall under restricted conditions similar to a will (waṣiyyah), which cannot be made in favor of an heir without the consent of all other heirs.
