Question: A husband died, leaving behind a wife, a mother, and a son, and his lawful inheritance was then divided, with each person receiving their due. After that, the deceased’s mother relinquished her lawful share to her grandson, who is considered a son in this case. She was of sound mind and under no coercion. The deceased had four full brothers. Some agree with the mother’s decision to relinquish her share, while others do not. What is the ruling of the Shari'ah in this matter? Please inform us; may Allah reward you. Answer: The Prophet (peace and blessings be upon him) forbade giving to some children while leaving out others. So, when a man came to him who had given a gift to some of his children and brought witnesses to it, He (peace and blessings be upon him) said: أكل ولدك أعطيته مثل هذا؟ قال: لا، قال: اتقوا الله واعدلوا بين أولادكم Did you give each of your children a gift like this? He said: No. He said: Fear Allah and be just among your children. . In another narration, he said: أيسرك أن يكونوا لك في البر سواء؟ قال: نعم، قال: فلا إذًا Would you like them to be equal to you in kindness? He said: Yes. He said: Then do not do it. . And in a narration: he said: أشهد على هذا غيري فإني لا أشهد على جور I bear witness to this other than me, for I do not bear witness to injustice . This hadith, through its various narrations, indicates that it is not permissible to single out some children for a gift while excluding others, and that whoever wishes to give to some of his children must give the same to the others. Such a gift to the grandson is [invalid], because he is among the children.

Justice in Giving

Shaykh Salih ibn Fawzan al-Fawzan

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Question: A husband died, leaving behind a wife, a mother, and a son, and his lawful inheritance was then divided, with each person receiving their due. After that, the deceased’s mother relinquished her lawful share to her grandson, who is considered a son in this case. She was of sound mind and under no coercion. The deceased had four full brothers. Some agree with the mother’s decision to relinquish her share, while others do not. What is the ruling of the Shari'ah in this matter? Please inform us; may Allah reward you.

Answer: The Prophet (peace and blessings be upon him) forbade giving to some children while leaving out others. So, when a man came to him who had given a gift to some of his children and brought witnesses to it,He (peace and blessings be upon him) said:

Did you give each of your children a gift like this? He said: No. He said: Fear Allah and be just among your children.

أكل ولدك أعطيته مثل هذا؟ قال: لا، قال: اتقوا الله واعدلوا بين أولادكم

.

In another narration, he said:

Would you like them to be equal to you in kindness? He said: Yes. He said: Then do not do it.

أيسرك أن يكونوا لك في البر سواء؟ قال: نعم، قال: فلا إذًا

.

And in a narration: he said:

I bear witness to this other than me, for I do not bear witness to injustice

أشهد على هذا غيري فإني لا أشهد على جور

. This hadith, through its various narrations, indicates that it is not permissible to single out some children for a gift while excluding others, and that whoever wishes to give to some of his children must give the same to the others.
Such a gift to the grandson is [invalid], because he is among the children.

Source shamela.ws

The Arabic text is copied verbatim from the original source, without any edits.

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