Is a father obligated to treat all his relatives equally in a gift (attiyah)?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 1 · Bab 1

Open in Qurani

Primary text

The father is not obligated to make the distribution equal among all his relatives, nor is he required to give them according to their inheritance shares. This applies whether they are from the same lineage (such as brothers and sisters, or paternal uncles and cousins) or from different lineages (such as daughters and sisters, and others). The legal basis for this ruling is that this gift is a grant to non-children, and thus equality is not obligatory, similar to if they were non-heirs. The default principle is that a person has the liberty to dispose of his wealth as he wills. Equality among children became obligatory only due to specific Prophetic reports. Furthermore, the father has the right to retract what he granted to his children, allowing him to equalize the gift by taking back from some, which is not possible with others. This difference exists because of the intense love parents have for their children and the custom of directing wealth towards them, leading to intense competition among them where the preference for some over others is severely felt, unlike other relatives.

Supporting text

Abu Al-Khattab held that it is prescribed in the granting of gifts to children and other relatives that they should be given according to their inheritance shares. If the father acts otherwise, he must retract the gift and generalize the grant among them, because they are considered in the same legal category as children, thus applying the same ruling to them.