I have two sons, one is in school and the other is young. I give the older one a daily allowance for school to break his fast. Am I required to give the younger one the same?
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The questioner : I have two sons, one is in school and the other is young. I give the older one a daily allowance for school to break his fast. Am I required to give the younger one the same to achieve justice? We ask for your guidance.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment:
In answer to this question: Justice between children is obligatory in gifts, based on the hadith of al-Nu'man ibn Bashir, that his father gave him a gift, and his mother said: "I am not satisfied until you have the Prophet (peace and blessings be upon him) witness this." So he went to have the Prophet (peace and blessings be upon him) witness it, and the Prophet (peace and blessings be upon him) asked him: He said: "No." So the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 2587 Bashir (may Allah be pleased with him) returned this gift that he had given his son.
This indicates that it is obligatory for the father to be just between his children in gifts. Being just between children is done in one of two ways: either by returning what was given in preference to the one who was preferred, or by giving the others the same. But what is the meaning of preference?
Preference is giving one child more than another in matters where the situation requires equality between them. It is not giving one child what he needs, because giving one child what he needs, if the other does not need the same, is not considered preference and is not considered injustice. Based on this, the answer to this question is that we say to the questioner: Giving your son who is studying what he needs in school is not considered preference, and you are not required to give the younger son the same. In fact, it is not permissible for you to give the younger son the same, because if you gave the younger son the same, you would be giving him something beyond his need, and this would be injustice.
More than this, if one of the children needs to get married and you marry him, you are not required to give the others what you gave this married son.
Some of the common people have resorted to an action they think is correct, but it is wrong. You find that he has young and older sons, so he marries the older sons and then bequeaths some of his wealth to marry the young sons who died while they were still young. This is not permissible, because this falls under the category of bequeathing to an heir. And Allah (Mighty and Majestic) said:[An-Nisa 4:11] And the Prophet (peace and blessings be upon him) said: So it is not permissible for the father of young children who have not reached the age of marriage to bequeath them any of his wealth in return for what he gave to marry the older ones. Rather, we say: Wait until these young ones reach the age of marriage, then marry them, and by this you will be just.
There are many examples of this. If the children differ in the size of their bodies, it is known that if you clothe the one with the larger body, you are not required to add money to the clothing of the one with the smaller body in return for what he has more of than his brother. Rather, you give each person what he needs.
In summary: Justice between children is that you give each one of them what he needs. And if you give someone without need, then at that point you are showing preference, so you must return this preference or give the others the same.
The questioner : May Allah bless you.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment:
In answer to this question: Justice between children is obligatory in gifts, based on the hadith of al-Nu'man ibn Bashir, that his father gave him a gift, and his mother said: "I am not satisfied until you have the Prophet (peace and blessings be upon him) witness this." So he went to have the Prophet (peace and blessings be upon him) witness it, and the Prophet (peace and blessings be upon him) asked him:
Did he do this with all his sons?
هل فعل هذا بجميع بنيه؟Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمThis indicates that it is obligatory for the father to be just between his children in gifts. Being just between children is done in one of two ways: either by returning what was given in preference to the one who was preferred, or by giving the others the same. But what is the meaning of preference?
Preference is giving one child more than another in matters where the situation requires equality between them. It is not giving one child what he needs, because giving one child what he needs, if the other does not need the same, is not considered preference and is not considered injustice. Based on this, the answer to this question is that we say to the questioner: Giving your son who is studying what he needs in school is not considered preference, and you are not required to give the younger son the same. In fact, it is not permissible for you to give the younger son the same, because if you gave the younger son the same, you would be giving him something beyond his need, and this would be injustice.
More than this, if one of the children needs to get married and you marry him, you are not required to give the others what you gave this married son.
Some of the common people have resorted to an action they think is correct, but it is wrong. You find that he has young and older sons, so he marries the older sons and then bequeaths some of his wealth to marry the young sons who died while they were still young. This is not permissible, because this falls under the category of bequeathing to an heir. And Allah (Mighty and Majestic) said:
Allah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِThere is no bequest for an heir
لا وصية لوارثThere are many examples of this. If the children differ in the size of their bodies, it is known that if you clothe the one with the larger body, you are not required to add money to the clothing of the one with the smaller body in return for what he has more of than his brother. Rather, you give each person what he needs.
In summary: Justice between children is that you give each one of them what he needs. And if you give someone without need, then at that point you are showing preference, so you must return this preference or give the others the same.
The questioner : May Allah bless you.