Does justice among children require equality?
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Q: It is mentioned in the hadith: Sahih al-Bukhari 2587 So, 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, if the word "like" is correct, it implies absolute equality, unless he is speaking only about the males. Please inform us, may Allah reward you.
A: The hadith is authentic; it was narrated by the two Shaykhs 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) testifies to 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." So 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 out some of them for them, for they are all his children and the dutifulness of all of them is hoped for. It is not permissible to single out some of them with 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 should be preferred over the female as in inheritance. There are two opinions among the people of knowledge, and the stronger opinion is that the gift should be like the inheritance, and that equality is achieved by making the male like two females. This is what Allah has established for them in inheritance, and He is the Just Judge. Thus, the believer should be the same in his gifts to his children as if he had left them as an inheritance after his death, where the male has the share of two females. Likewise, if he gives to them during his lifetime, he gives to the male the share of two females. This is justice with regard to them, and with regard to their mother and father. This is what is obligatory upon the father and mother to give to their children, and thus the male has the share of two females. By this, justice and equality are achieved, just as Allah made that justice in their inheritance from their father and mother.
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمDid you give your children the like of that?
أكلهم أعطيتهم مثل ذلكA: The hadith is authentic; it was narrated by the two Shaykhs 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) testifies to 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 any of your children what you gave al-Nu'man?
أكل ولدك أعطيته مثل ما أعطيت النعمانBe afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمThis indicates that it is not permissible to prefer some children over others in gifts, or to single out some of them for them, for they are all his children and the dutifulness of all of them is hoped for. It is not permissible to single out some of them with 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 should be preferred over the female as in inheritance. There are two opinions among the people of knowledge, and the stronger opinion is that the gift should be like the inheritance, and that equality is achieved by making the male like two females. This is what Allah has established for them in inheritance, and He is the Just Judge. Thus, the believer should be the same in his gifts to his children as if he had left them as an inheritance after his death, where the male has the share of two females. Likewise, if he gives to them during his lifetime, he gives to the male the share of two females. This is justice with regard to them, and with regard to their mother and father. This is what is obligatory upon the father and mother to give to their children, and thus the male has the share of two females. By this, justice and equality are achieved, just as Allah made that justice in their inheritance from their father and mother.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
