Is justice in gifts among children like inheritance, meaning the male receives the share of two females? And is this analogy correct? (Asked by Ali Hasan Halabi).
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Al-Halabi : One of the issues that is widespread in this time, and perhaps has been so for ages, is injustice in gifts. There is the hadith of the father of Nu'man ibn Bashir (may Allah be pleased with them both), in which he gave a gift to his son, and the Messenger (peace and blessings be upon him) said: Sahih Muslim 1623f It is well known that it is forbidden to single out one child with a gift to the exclusion of the others. I think, Shaykh, that this is agreed upon by the scholars. But here are two related issues in this matter that I have seen some scholars point out, and they are among the issues in which many people err. The first issue is that some people think they will be just in their gifts by making the male's gift twice the female's gift, analogizing this to inheritance. Is this analogy correct, or is the original ruling for gifts equality, and it differs from inheritance? This is the first question.
The Shaykh : There is no doubt that analogizing gifts and presents to inheritance is an impermissible analogy, because inheritance is a specific ruling that is not to be analogized to in matters of gifts and presents. This is the first point. Second, there are very clear rulings from the Wise Lawgiver regarding the differentiation in preference in inheritance when He said:[An-Nisa 4:11] And such a thing is not realized in many cases in the matter of gifts. Second, we do not have anything that necessitates preferring the male over the female regarding the hadith of Nu'man ibn Bashir. Rather, the generality of his (peace and blessings be upon him) statement in some narrations and routes of the hadith: or as he (peace and blessings be upon him) said. This confirms equality in gifts without preference, because there is no legal preference between the male and the female regarding the parents. Just as it is obligatory for the male to do what is obligatory for the female, and it is obligatory for the female to do what is obligatory for the male in terms of the most complete dutifulness to the parents, so too the gift must be complete. Please proceed.
I cannot be witness to an injustice
إني لا أشهد على جورThe Shaykh : There is no doubt that analogizing gifts and presents to inheritance is an impermissible analogy, because inheritance is a specific ruling that is not to be analogized to in matters of gifts and presents. This is the first point. Second, there are very clear rulings from the Wise Lawgiver regarding the differentiation in preference in inheritance when He said:
for the male, what is equal to the share of two females
للذكر مثل حظّ الأنثيينBe just among your children. Do you not love that they be just with you in their dutifulness?
اعدلوا بين أولادكم ألا تحبون أن يعدلوا معكم في برّكم
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
