A man gives some of his children five riyals, for example, or more, and does not give the others, or gives them more depending on the circumstances; is this a lack of justice?
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The questioner : He says: O honorable Shaykh, I sometimes give some of my children one riyal, five riyals, or ten, and I do not give their brothers the same, or I give them more than that. This is not to prefer one of them over the other, but according to the circumstances and conditions. Is there any blame on me for that? And is that considered a lack of justice?
The Shaykh : Yes, if what you give some of the sons or daughters is to meet their need, then that is not injustice. For example, if the eldest son needs school books and those younger than him do not need them, and you buy for this eldest son what he needs of study materials without the others, there is no harm. Likewise, if the daughter needs jewelry, rings, bracelets, or the like, you buy it for her, and you are not required to give the son something in return for it, because you only gave it to her to meet her need. For this reason, if you have older sons and younger sons and you clothe each one with a garment, which one gets more? Yes, the older ones, without a doubt. Are you required to give the younger ones what is in excess of their clothes? No. The important thing is that the rule is: "What is given to meet a need, justice in it is to give each one what he needs". For this reason, if the eldest reaches the age of marriage and needs to marry because he has nothing, are you required to give his brothers the same dowry that you gave the eldest? The answer is: No. Whoever reaches the age of marriage during your lifetime, you marry him, and whoever does not reach the age of marriage, you owe nothing.
And here is a matter I would like to point out. It may be that some of the sons need a car because their school is far, and the others do not need a car because their school is near. Do you buy a car for the eldest? What is the answer? No, the answer is: do not buy him a car, but buy a car in your name and give it to him to benefit from it, because by doing so you meet his need and do not give him ownership of the car. If this son were to die, the car returns to you. And if you were to die, the car returns to whom? To the heirs. Yes.
The Shaykh : Yes, if what you give some of the sons or daughters is to meet their need, then that is not injustice. For example, if the eldest son needs school books and those younger than him do not need them, and you buy for this eldest son what he needs of study materials without the others, there is no harm. Likewise, if the daughter needs jewelry, rings, bracelets, or the like, you buy it for her, and you are not required to give the son something in return for it, because you only gave it to her to meet her need. For this reason, if you have older sons and younger sons and you clothe each one with a garment, which one gets more? Yes, the older ones, without a doubt. Are you required to give the younger ones what is in excess of their clothes? No. The important thing is that the rule is: "What is given to meet a need, justice in it is to give each one what he needs". For this reason, if the eldest reaches the age of marriage and needs to marry because he has nothing, are you required to give his brothers the same dowry that you gave the eldest? The answer is: No. Whoever reaches the age of marriage during your lifetime, you marry him, and whoever does not reach the age of marriage, you owe nothing.
And here is a matter I would like to point out. It may be that some of the sons need a car because their school is far, and the others do not need a car because their school is near. Do you buy a car for the eldest? What is the answer? No, the answer is: do not buy him a car, but buy a car in your name and give it to him to benefit from it, because by doing so you meet his need and do not give him ownership of the car. If this son were to die, the car returns to you. And if you were to die, the car returns to whom? To the heirs. Yes.