Is it permissible to specify or favor certain recipients when distributing endowments (Waqf) or gifts (Atiyya)?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
It is permissible to favor or specify certain recipients based on a qualifying reason. Such reasons include need, seniority, blindness, large family size, engagement in religious knowledge, or other virtues. It is also permissible to withhold a portion of a gift from a son due to his open sinfulness (fisq), religious innovation (bid'ah), or his use of the gift for disobedience to Allah or expenditure upon it. This view is supported by reports from Ahmad, who stated that specifying recipients in a Waqf is permissible if it is for a need, but disliked if it is done out of mere favoritism (itharah). The gift carries the same ruling. This ruling is preferred because the Prophet (peace be upon him) did not question Bashir regarding his gift, and because favoring someone based on a characteristic that necessitates the gift (like kinship or a specified need) is permissible.
Supporting text
The apparent literal meaning of the Prophet's (peace be upon him) action in the case of Bashir implies a prohibition against favoring or specifying recipients under any circumstance, because the Prophet did not investigate Bashir's situation further regarding his gift. Furthermore, the incident concerning Bashir may be considered a specific, isolated case (qadiyyah fi 'ayn) lacking general applicability. The Prophet's omission of further inquiry could be due to his prior knowledge of the existing situation.