Is it obligatory to treat children equally in endowments or gifts (*Atiyya*) during life?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
It is obligatory upon a person to maintain equality among his children concerning lifetime gifts. If there is no valid reason permitting preference, favoring one child over others in a gift incurs sin. The obligation then is to rectify the imbalance by either reclaiming the excess given to the favored child or by completing the due share for the unfavored child(ren). This view is supported by evidence from the Hadith of Nu'man ibn Bashir, where the Prophet, peace be upon him, upon learning that his father granted him a specific gift denied to others, commanded, "Fear Allah and be just between your children." The father subsequently retracted the gift. This Hadith indicates prohibition because the Prophet termed the act injustice (*jur*) and ordered its return, refusing to bear witness to it. Injustice is forbidden, and the command implies obligation.
Supporting text
Malik, al-Layth, al-Thawri, al-Shafi'i, and the Ashab al-Ra'y permit this differential giving. They cite the precedent of Abu Bakr, may Allah be pleased with him, who granted his daughter Aisha twenty *sa'* of dates (*juthath*) specifically, excluding his other children. Al-Shafi'i further supported this using the Prophet's statement in the Hadith of Nu'man ibn Bashir: "Have others bear witness to this," which is interpreted as an affirmation rather than a command to retract. They argue that since a lifetime gift becomes binding upon the father's death, it is permissible, just as if equality were maintained.