Being Just in Giving Property to One’s Children

Short answer

Yes, there is an authentic hadith that commands justice in giving to children during one’s lifetime. The hadith of al-Nu‘man bin Bashir RA is narrated by al-Bukhari and Muslim. In his commentary, al-Nawawi explains that giving equally between sons and daughters is the well-known view in the Shafi‘i school. Scholars differed regarding the ruling and the method of distribution; a gift during one’s lifetime must be distinguished from inheritance after death.

Translation

From al-Nu‘man bin Bashir RA, he said: My father gave me a gift. ‘Amrah binti Rawahah said: “I will not agree until you make the Messenger of Allah SAW a witness.” So my father went to the Messenger of Allah SAW and said: “I have given a gift to my son from ‘Amrah binti Rawahah. She asked me to make you a witness, O Messenger of Allah.” He asked: “Have you given all your other children something like this?” My father replied: “No.” He said: “Then fear Allah and be just among your children.” He said: Then my father returned and took back his gift.

Narrator

al-Nu‘man bin Bashir RA

Sources and scholars

al-Bukhari; Muslim; Yahya bin Sharaf al-Nawawi

Scholarly commentary

1. al-Bukhari narrated this hadith in Sahih al-Bukhari, Kitab al-Hibah wa Fadliha wa al-Tahrid ‘alayha, Bab al-Ishhad fi al-Hibah, no. 2587. The full wording quoted above follows this narration.

2. Muslim narrated the same account in Sahih Muslim, Kitab al-Hibat, no. 1623. In the route 1623i, the Prophet SAW asked whether the father would like all his children to treat him well equally. When he answered yes, the Prophet forbade the act of singling out that gift.

3. al-Nawawi, in al-Minhaj Sharh Sahih Muslim, Kitab al-Hibat, commentary on no. 1623, explains the encouragement to equalise gifts, including between males and females according to the well-known view of the Shafi‘i school. He also recorded the difference of opinion: al-Shafi‘i, Malik, and Abu Hanifah considered giving preference to some children to be makruh while the gift remains valid, whereas Ahmad and several other scholars deemed it prohibited.

Explanation

1. What is the relevant hadith?

The authentic hadith of al-Nu‘man bin Bashir RA relates that his father gave something only to him. The Prophet SAW asked whether the other children had received the same gift, then commanded justice. His father took back the gift.

2. Must gifts during one’s lifetime be distributed equally?

According to al-Nawawi, the well-known view of the Shafi‘i school is to equalise gifts between sons and daughters. He also mentions another view that gives the male two shares. Therefore, the method of equal distribution has a basis in the commentary of the scholars, but it should not be claimed that all scholars agreed on its manner.

3. What is the difference between hibah and faraid?

This question relates to hibah, namely a transfer of ownership as a gift while the giver is still alive. It differs from the distribution of inheritance after death. The faraid ratios cannot be treated as the only method for hibah based on this hadith.

4. Did the scholars agree that unequal giving is prohibited and invalid?

No. al-Nawawi recorded a difference between the view that it is makruh while the hibah is valid, and the view that it is prohibited. The status of the hadith remains authentic even though the legal ruling derived from it has details and scholarly disagreement.

5. What is its lesson?

In Sahih Muslim, no. 1623i, the Prophet SAW linked giving with the father’s wish that all his children treat him well. Parents should preserve justice in giving and not neglect the rights and feelings of the other children.

Conclusion

The hadith concerning being just in giving to children during one’s lifetime is authentic, narrated by al-Bukhari no. 2587 and Muslim no. 1623. Equal distribution between males and females has a basis in the well-known view of the Shafi‘i school as explained by al-Nawawi. The detailed rulings of hibah contain scholarly disagreement and cannot be automatically equated with faraid.