Ruling on differentiating between children in gift-giving

The scholars are agreed
that it is prescribed in Islam to treat children fairly when it comes to
gift-giving; they should not single out one or some of them and not give to
others. 

Ibn Qudaamah said in al-Mughni (5/666): “There is no
dispute among the scholars that it is mustahabb to treat children equally
and that it is makrooh to differentiate between them.” 

But there are differences of opinion concerning the ruling on
differentiating between them. The strongest views in terms of evidence are
two opinions – and Allaah knows best. These two opinions are: 

1 – That it is absolutely haraam to differentiate between
them. This is the well known view among the Hanbalis (see Kashshaaf
al-Qinaa’, 4/310; al-Insaaf, 7/138). This is also the view of the
Zaahiriyyah (i.e., it is the same whether the differentiation is done for a
reason or for no reason). 

2 – That it is haraam to differentiate between them unless
that is for a legitimate shar’i reason. This was narrated from Ahmad (al-Insaaf,
7/139) and was the view favoured by Ibn Qudaamah (al-Mughni, 5/664) and Ibn
Taymiyah (Majmoo’ al-Fataawa, 31/295). 

The evidence quoted by
both groups that say that it is haraam to differentiate between one’s
children is the report narrated by al-Bukhaari (2586) and Muslim (1623) from
al-Nu’maan ibn Basheer, who said that his father brought him to the
Messenger of Allaah (peace and blessings of Allaah be upon him) and
said: “I have given this son of mine a slave who used to belong to me.” The
Messenger of Allaah (peace and blessings of Allaah be upon him) said,
“have you given a similar gift to all of your children?” He said, “No.” The
Messenger of Allaah (peace and blessings of Allaah be upon him) said,
“Then take (your gift) back.” 

According to another version (al-Bukhaari, 2587; Muslim,
1623), al-Nu’maan ibn Basheer said: “My father gave me a gift of some of his
wealth, but my mother, ‘Amrah bint Rawaahah, said, ‘I will not approve of it
until you ask the Messenger of Allaah (peace and blessings of Allaah be
upon him) to bear witness to it.’ So my father went to the Prophet
(peace and blessings of Allaah be upon him) to ask him to bear witness to
the gift. The Messenger of Allaah (peace and blessings of Allaah be
upon him) said to him, ‘Have you done the same for all of your children?’ He
said, ‘No.’ He said, ‘Fear Allaah and treat your children justly.’ So my
father came back and took back that gift.” 

According to a version narrated by Muslim, the Messenger of
Allaah (peace and blessings of Allaah be upon him) said: “O Basheer, do
you have any other children?” He said, “Yes.” He said, “Have you given all
of them a similar gift?” He said, “No.” He said, “Then do not ask me to bear
witness to this, for I do not bear witness to injustice.” The evidence in
this hadeeth is clear: 

1 – The Prophet commanded justice, and a command implies that
it is obligatory.

2 – He explained that showing preference to one child or
singling him out to the exclusion of the others is falsehood and injustice,
in addition to his refusal to bear witness to it and his commanding him to
take back his gift. All of that indicates that differentiating between one’s
children is haraam.

They also referred to the evidence of common sense: 

Ibn Hajar mentioned in Fath al-Baari (5/214): 

Among the evidence of
those who say that it is obligatory to treat one’s children equally is the
fact that this (differentiating between children) is the first step that may
lead to something haraam, because cutting off family ties and disobeying
one’s parents are two things which are haraam, so that which leads to them
may also be haraam, and differentiating between one’s children is something
that may lead to them. 

This is supported by something which was mentioned in a
version narrated by Muslim (1623): “He [the Prophet (peace and
blessings of Allaah be upon him)] said, ‘Ask someone else to bear witness to
this.’ Then he said: ‘Would you like your children to all honour you
equally?’ He said, ‘Of course.’ He said, ‘Then do not do this.’” 

Further evidence is the fact that preferring some of them to
others generates enmity and hatred between them, and also between them and
their parents, so that is not allowed (al-Mughni, 5/664); this
meaning is similar to that mentioned above. 

Those who favoured the second opinion, that it is permissible
to differentiate between one’s children when there is a need, a reason or an
excuse, quoted as evidence the hadeeth narrated by Maalik in al-Muwatta’,
with his isnaad from ‘Aa’ishah (may Allaah be pleased with her) who said
that Abu Bakr al-Siddeeq had given her as a gift twenty wisq of his wealth,
but when he was on his deathbed he said, “By Allaah, O my daughter, there is
no one whom I would like to see rich after I die more than you, and there is
no one whom it hurts me to see poor after I die than you. I had given you
twenty wisq, and if you have already gone and collected them, then they are
yours, otherwise whatever I leave is to be divided among all my heirs, who
are your two brothers and your two sisters, so divide it amongst yourselves
according to the Book of Allaah…”  

Ibn Hajar said in al-Fath (5/215): its isnaad is
saheeh. 

The evidence from this
hadeeth, is as Ibn Qudaamah mentioned, “It may be that Abu Bakr gave it only
to ‘Aa’ishah because she was in need and was unable to earn a living, even
though she enjoyed a unique status as one of the Mothers of the Believers,
and other virtues.”

(Adapted from al-Mughni, 5/665) 

As justification for Abu Bakr’s action, al-Haafiz said in
al-Fath (2/215): “ ‘Urwah said concerning the story of ‘Aa’ishah that
her brothers and sisters had agreed to that.”

(Kitaab al-‘Adl bayna al-Awlaad, p. 22 ff) 

Ibn al-Qayyim (may Allaah have mercy on him) said that it is
haraam in absolute terms in Ighaathat al-Lahfaan, 1/540. He said: “If
there were no clear saheeh Sunnah reports that disallowed that, then by
analogy and based on the principles of sharee’ah and its concern for
people’s interests and to protect them from evil, it would have to be
haraam.” 

Shaykh Ibn Baaz (may Allaah have mercy on him) stated that it
is absolutely forbidden to show preference to some of one’s children over
others, and that it is obligatory to treat them all equally, males and
females alike, in accordance with their shares of inheritance, unless they
give permission and are adults of sound mind. (al-Fataawa al-Jaami’ah
li’l-Mar’ah al-Muslimah, 3/1115, 1116) 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: it
is not permissible for a man to give some of his sons preferential treatment
over others, but he may differentiate between males and females, giving the
males double what he gives the females, because the Prophet (peace and
blessings of Allaah be upon him) said: “Fear Allaah and treat your children
fairly.” So if he gives one of his sons 100 dirhams, he has to give the
other sons 100 dirhams each as well, and give the girls 50 dirhams each, or
else take back the money that he gave to the first son. This that we have
mentioned is to be applied in cases other than the spending which is
obligatory; with regard to obligatory spending, he should give each one
whatever he needs. So if it so happens that one of his sons needs to get
married, and he gets him married and gives him the mahr because the son is
not able to pay the mahr, then in this case he does not have to give all the
other sons the same as he gave to the one who needed to get married, because
getting one’s children married is part of spending on them. Here I want to
draw attention to something that some people do out of ignorance, which is
when a man has sons who have reached marriageable age, he gets them married,
and he has other children who are still small, he makes a will saying that
in the event of his death, they should be given money equal to that which
was spent on the adult children. This is haraam and is not permissible
because this will is a will that gives something to an heir, and willing
something to an heir is haraam, because the Prophet (peace and
blessings of Allaah be upon him) said: “Allaah has given everyone his due,
so there is no will for an heir.” (This version narrated by Abu Dawood,
3565; al-Tirmidhi, 2/16 and others. The isnaad of this version was classed
as hasan by al-Albaani, and the version “There is no will for an heir” was
classed as saheeh in al-Irwa’, 6/87). So if he says, “I am leaving
this money for them in my will because I got their brothers married for a
similar amount,” we say that if these young children reach marriageable age
before you die, then get them married for the same amount of money as you
got their brothers married, but if they do not reach that age (before you
die) then you do not have to get them married. 

Fataawa Islamiyyah, 3/30.