Equality among children in gifts and hiba

The rule: equality among children

The Prophet (peace and blessings of Allah be upon him) disapproved a gift to one child alone. An-Nu'man ibn Bashir reports that his father brought him and said: « I have given this child a gift. » The Prophet asked: « Have you given each of your children as much? » At his denial: « Then let others besides me witness it », then: « Fear Allah and be just between your children » (Muslim 1623, al-Bukhari 2447). He refused witnessing an unmatched gift, asking: « Does it not please you that they be equal to you in piety? » (Muslim 1623), and to Abu Dulama: « Have you no other children? Should they not be equalised? » (reported by an-Nasa'i in al-Kubra 6212).

The mode of equality: like inheritance or like one

Two readings of the recommended equality: Muhammad ibn al-Hasan, some Malikis, one Shafii way and the Hanbalis model it on the succession share, the male as two females, the lifetime gift anticipating inheritance; Abu Yusuf (the retained Hanafi view), Ibn al-Qasar and the Shafii school give the male as the female, a lifetime gift belonging to upkeep and honour where the sexes are equal. Ibn Qudama reconciles both by the meaning of Bashir's hadith.

Needs justify the difference

Ahmad admits specialisation for a need: blindness, illness, a large family, seeking knowledge, or diverting the gift from a sinful, innovating child until he returns: « There is no harm if it is for a need, and I dislike outbidding. » Ibn Taymiyya sets equity by the inheritance shares, not imposing it between non-heir children nor among other relatives; the extraordinary need (dowry, debt) is handled by what is fitting, the excess belonging to free giving. The sinner refusing repentance may be deprived, the repentant must be restored.

Mother and grandparents

Return into the gift belongs to the father alone; Malikis admit it to the mother while the father lives, Shafiites of the school and one Hanbali way make her like the father, Hanbalis of the text and one Shafii way exclude her. On the grandfather: some Malikis and the famous Shafii school assimilate him to the father; dominant Malikis, opposite Shafiites and Hanbalis reserve return to the father alone.

Other relatives

Beyond children, no equality is imposed: Ibn Taymiyya specifies that equity measured by inheritance does not extend to wards' children nor to non-inheriting relatives such as uncles and brothers while the father lives; giving to kin remains recommended according to need.