❖ Equal Treatment in Gifting Children is Preferred and Legislated
✿ Source: Urdu Explanation of Umdat al-Ahkam min Kalam Khayr al-Anam✿ Translator: Hafiz Faizullah Nasir
✿ Referenced Hadith: Sahih al-Bukhari (2787), Sahih Muslim (1623)
◈ The Incident of Al-Nu'man ibn Bashir رضي الله عنه
Narrated by Al-Nu'man ibn Bashir رضي الله عنهما:“My father gave me a gift from his wealth. My mother, Amrah bint Rawahah, said: ‘I will not be pleased until you make the Messenger of Allah ﷺ a witness to it.’
So my father went to the Messenger of Allah ﷺ to make him a witness to the gift. The Prophet ﷺ asked him:
‘Have you done the same for all of your children?’
He replied: ‘No.’
The Prophet ﷺ said:
‘Fear Allah and be just among your children.’
My father then returned and revoked the gift.
In another narration, the Prophet ﷺ said:
‘Then do not make me a witness to this, for I do not testify to injustice.’
Another version states:
‘Then find someone else to witness this.’
◈ Explanation of Vocabulary
• اَعْدِلُوا (i‘dilū): Be just — an imperative verb, commanding fairness among children.• جَور (Jawr): Injustice, unfairness, wrongdoing.
◈ Commentary on the Hadith
This Hadith emphasizes the importance of fairness in gifting one's children:✔ The Prophet ﷺ disapproved of preferential treatment in gifts.
✔ He instructed the father to withdraw the unfair gift.
✔ The mother’s insistence on involving the Prophet ﷺ shows her commitment to Islamic justice.
◈ Scholarly Views on Equal Gifting
There is a difference of opinion among jurists regarding the obligation or recommendation of equal gifting:① Majority view (Three Imams): Absolute equality is Sunnah, regardless of gender — whether sons, daughters, or both.
② Imam Ahmad رحمه الله:
- If children are all male or all female, equal treatment is compulsory.
- If both genders are involved, then gifts should follow the Qur'anic inheritance ratio:
“لِلذَّكَرِ مِثْلُ حَظِ الْأُنْثَيَيْنِ” – a male receives the share of two females.
③ Scholars unanimously agree that favoring one child over others is discouraged (makruh). However, opinions differ on whether it is forbidden (haram):
- Imam Abu Hanifah and Imam Shafi'i: Not haram but discouraged.
- Imam Malik: Permissible if only part of the wealth is given; disliked if the entire wealth is given to one child.
- Imam Ahmad (according to Imam al-Saffarini): Held that such an act is forbidden (haram).
◈ Legal and Ethical Insight
This Hadith delivers a profound moral and ethical message:Parents must maintain fairness when giving to their children. Favoritism fosters jealousy, resentment, and division. Hence, the Prophet ﷺ guided parents to fear Allah and be equitable.
