Is it permissible for one of the parents to give something from his wealth to some of the children without the others, if they are all righteous?
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The questioner : There is a question regarding inheritance: Is it permissible for the mother or the father, of course, to give something from his wealth to some of his children without giving to the others, in the case where they are all obeying him? This is the first case. Or if some of them are undutiful to their parents? This is the second case. And there is a third case: if one of the children gives a valuable gift to the mother, and she wants to keep it, and it remains in her ownership for several years, and then, after feeling the effects of old age, she wants to separate this valuable gift from her estate and return it to the one who gave it, without the rest of his siblings. Is this third case permissible?
The Shaykh : In the name of Allah, and may peace and blessings be upon the Messenger of Allah, his family, his Companions, and whoever follows them.
As for the first and second cases, it is not permissible for either parent to favor one of his children, whether he is dutiful and pious or a wicked sinner. It is not permissible to favor him with anything from the inheritance or a gift or a donation, unless he shares all his children in the same manner, meaning that he gives each child the same as he gives the other. There is no difference in this between the case where the one receiving is righteous and the others are not. This is due to the generality of the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1623f. He said this in a hadith narrated by al-Nu'man ibn Bashir (may Allah be pleased with him and his father). He said: "I came with my father to the Prophet (peace and blessings be upon him and his family) while he was holding my hand. I said: 'O Messenger of Allah, I have given my son here a gift and a donation.' He said (peace and blessings be upon him): . He said: 'No.' He said: Sahih Muslim 1623f. The reason the Messenger (peace be upon him) was asked to witness this donation was that Bashir's mother, i.e., al-Nu'man's wife, out of her love for Bashir, asked her husband to favor him with a donation over her other children. He did so, but she was not satisfied until she asked him to go to the Prophet (peace and blessings be upon him) and have him witness this donation. This was a precaution on her part for the future, so that no one from his other siblings would dispute the donation with him. When the Messenger (peace be upon him) asked him if he had given to all his children the same as he gave to Bashir, and he answered in the negative, it became clear that this giving was injustice and oppression. And the Messenger (peace and blessings be upon him), for that reason, did not witness such injustice. This is an explicit text from what came from the Prophet (peace and blessings be upon him) that it is not valid to prefer one child over another in a donation. There is a jurisprudential perspective that confirms that what came in this hadith is what every father should adopt with his children regarding equalizing them in giving. Therefore, he (peace and blessings be upon him) said: . That perspective is that when a mother favors her righteous son with a donation because of his righteousness, this favoring stirs the feelings of the other children, especially if they are wicked. In that case, the parent, by this favoring in giving, becomes responsible for stirring up the inner feelings of those children. On the contrary, if he gives to all his children equally, perhaps that will be a cause for the children who are not righteous to realize that they should rectify their affairs and be aware that their father is a just man who does not let his love for one of his children exceed his love for the others, leading him to lean toward injustice and oppression against them. Thus, justice, in this case, is more likely to lead the one among them who is deviating from the Shari'ah to straighten out according to the Shari'ah, as that father and others would like.
The Shaykh : In the name of Allah, and may peace and blessings be upon the Messenger of Allah, his family, his Companions, and whoever follows them.
As for the first and second cases, it is not permissible for either parent to favor one of his children, whether he is dutiful and pious or a wicked sinner. It is not permissible to favor him with anything from the inheritance or a gift or a donation, unless he shares all his children in the same manner, meaning that he gives each child the same as he gives the other. There is no difference in this between the case where the one receiving is righteous and the others are not. This is due to the generality of the saying of the Prophet (peace and blessings be upon him):
I cannot be witness to an injustice
إنِّي لا أشهد على جورDid you give the same to all your children?
هل أعطيت مثل ذلك لجميع أولادك ؟for I cannot be witness to an injustice
فإنِّي لا أشهد على جورEqualize among your children.
سَوُّوا بين أولادكم
Source
www.al-albany.com
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