Justice Among Children in Gifts
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Question:
It is mentioned in the hadith:Sahih al-Bukhari 2587 Is the intended meaning absolute equality? Or is it that the male has the share of two females, as in inheritance? The hadith, as I understand it, says: So the word "like" (mithl), if it is correct, implies absolute equality, unless he is speaking only about the males. Please inform us, may Allah reward you.
Answer:
The hadith is authentic; it was narrated by the two Shaykhs (al-Bukhari and Muslim) from al-Nu'man ibn Bashir (may Allah be pleased with him) that his father gave him a slave boy, so his mother said, "I am not satisfied until the Messenger of Allah (peace and blessings be upon him) witnesses it." So Bashir ibn Sa'd went to the Prophet (peace and blessings be upon him) and informed him of what he had done, and he said: He said, "No." Then the Messenger (peace and blessings be upon him) said: Sahih al-Bukhari 2587 This indicates that it is not permissible to prefer some children over others in gifts, or to single some of them out for them, for they are all his children, and the kindness of all of them is hoped for, so it is not permissible to single some of them out for a gift to the exclusion of others.
The scholars (may Allah have mercy on them) differed on whether equality should be established among them such that the male is like the female, or whether the male is preferred over the female as in inheritance? There are two opinions among the people of knowledge, and the stronger opinion is that the gift is like inheritance, and that equality is achieved by making the male like two females, for this is what Allah has established for them in inheritance, and He is the Just Judge, so the believer should be the same in his gifts to his children, as if he left it for them after his death, where the male has the share of two females. This is justice with regard to them, and with regard to their mother and father, and this is what is obligatory upon the father and mother to give their children, where the male has the share of two females; and by this, justice and equality are achieved, as Allah has established that in inheritance, and it is justice from their father and mother.
It is mentioned in the hadith:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمDid you give them all like what you gave him?
أكلهم أعطيتهم مثلهAnswer:
The hadith is authentic; it was narrated by the two Shaykhs (al-Bukhari and Muslim) from al-Nu'man ibn Bashir (may Allah be pleased with him) that his father gave him a slave boy, so his mother said, "I am not satisfied until the Messenger of Allah (peace and blessings be upon him) witnesses it." So Bashir ibn Sa'd went to the Prophet (peace and blessings be upon him) and informed him of what he had done, and he said:
Did you give all your children what you gave al-Nu'man?
أكل ولدك أعطيته مثل ما أعطيت النعمان؟Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمThe scholars (may Allah have mercy on them) differed on whether equality should be established among them such that the male is like the female, or whether the male is preferred over the female as in inheritance? There are two opinions among the people of knowledge, and the stronger opinion is that the gift is like inheritance, and that equality is achieved by making the male like two females, for this is what Allah has established for them in inheritance, and He is the Just Judge, so the believer should be the same in his gifts to his children, as if he left it for them after his death, where the male has the share of two females. This is justice with regard to them, and with regard to their mother and father, and this is what is obligatory upon the father and mother to give their children, where the male has the share of two females; and by this, justice and equality are achieved, as Allah has established that in inheritance, and it is justice from their father and mother.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
