It is not permissible to prefer one child over another in gifts except for a valid legal reason
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Fatwa No. ( 30 )
Q: Since I bought a house in Jeddah, and registered this house in the name of my eldest son, Ahmad, as recorded in the attached deed, I kindly ask you to issue a ruling for me: Is it permissible for a person to give to one and withhold from the others?
A: After the Committee's study of the inquiry and its review of the attached deed certifying what the inquirer stated, it wrote the following answer: The attached copy of the deed, issued by the notary public in Jeddah with number 200 on 29/3/1391 AH, states that you purchased a house with known area and boundaries in Jeddah for six thousand and two hundred Saudi riyals from the money of your minor son, Ahmad, which you donated to him, and that you made the house belong to the aforementioned son. End of quote. Based on this and your question: Giving preference to your son Ahmad over your other children is not permissible. The prescribed practice regarding gifts to children is to be equal in giving to them all, and giving preference is not permissible except for a valid legal reason, such as one of them being disabled, having a large family, or being occupied with knowledge, or withholding a gift from some of one's children due to their open sinfulness or religious innovation, or because they disobey Allah in what they take. The basis for the prescription of equality is what was narrated by al-Nu'man ibn Bashir (may Allah be pleased with him and his father), who said:Sahih Muslim 1623e, and in another wording he said: , and in another wording: , and in another wording: Sahih Muslim 1623h, and in another wording: Sunan Abi Dawud 3542, and in another wording: It is agreed upon by al-Bukhari and Muslim. This hadith indicates prohibition; because he called it injustice, and ordered its return, and refused to testify to it. Injustice is forbidden, and the command implies the obligation of returning it and the obligation of being equal among them. As for giving preference to some over others for a valid legal reason, as mentioned above, it was narrated from Imam Ahmad (may Allah have mercy on him) what indicates permissibility, for he said regarding endowing some specifically: There is no harm if it is for a need, and I dislike it if it is for the sake of favoritism, and a gift is in the same meaning.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: Since I bought a house in Jeddah, and registered this house in the name of my eldest son, Ahmad, as recorded in the attached deed, I kindly ask you to issue a ruling for me: Is it permissible for a person to give to one and withhold from the others?
A: After the Committee's study of the inquiry and its review of the attached deed certifying what the inquirer stated, it wrote the following answer: The attached copy of the deed, issued by the notary public in Jeddah with number 200 on 29/3/1391 AH, states that you purchased a house with known area and boundaries in Jeddah for six thousand and two hundred Saudi riyals from the money of your minor son, Ahmad, which you donated to him, and that you made the house belong to the aforementioned son. End of quote. Based on this and your question: Giving preference to your son Ahmad over your other children is not permissible. The prescribed practice regarding gifts to children is to be equal in giving to them all, and giving preference is not permissible except for a valid legal reason, such as one of them being disabled, having a large family, or being occupied with knowledge, or withholding a gift from some of one's children due to their open sinfulness or religious innovation, or because they disobey Allah in what they take. The basis for the prescription of equality is what was narrated by al-Nu'man ibn Bashir (may Allah be pleased with him and his father), who said:
My father donated to me some of his property. My mother Amra bint Rawaha said: I shall not be pleased (with this act) until you make Allah's Messenger (ﷺ) a witness to it. My father went to Allah's Apostle (ﷺ) in order to make him the witness of the donation given to me. Allah's Messenger (ﷺ) said to him: Have you done the same with every son of yours? He said: No. Thereupon he (the Holy Prophet) said: Fear Allah, and observe equity in case of your children. My father returned and got back the gift.
تصدق عليّ أبي ببعض ماله، فقالت أمي - عمرة بنت رواحة -: لا أرضى حتى تُشهِد عليها رسول الله صلى الله عليه وسلم، فانطلق أبي إلى النبي صلى الله عليه وسلم ليشهده على صدقتي، فقال له رسول الله صلى الله عليه وسلم: أفعلت هذا بولدك كلهم؟ قال: لا، قال: اتقوا الله واعدلوا بين أولادكم، قال: فرجع أبي فرد تلك الصدقةReturn it
فارددهSo return it
فأرجعهCall me not as witness to an injustice
لا تشهدني على جورSo call some other person than me as witness to it.
فأشهد على هذا غيريBe equal among them
سَوِّ بينهمAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.