Can a mother revoke a gift given to her child, similar to a father?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
The mother possesses the right to revoke a gift given to her child, treating her the same as the father in this regard. This view aligns with the opinion of Al-Shafi'i. The evidence cited is that the general command regarding revocation applies to every parent, meaning the mother is included in the ruling concerning the father. Furthermore, since the mother is included in the instruction to treat children equally (Hadith: "Treat your children equally"), the right to revoke becomes a means to ensure this equality, especially when providing equal gifts is otherwise impossible. She is also included in the meaning conveyed by the Hadith of Bashir ibn Sa'd, necessitating application of the command to revoke. Finally, as the mother shares the father's prohibition against favoring one child over others, she should share the father's ability to revoke the favor to free herself from sin and remove the forbidden preference.
Supporting text
The explicit position narrated from Ahmad is that the mother does not have the right to revoke a gift given to her child, distinguishing her from the father. The differentiation stems from the father having legal authority over his child's property and inheriting all of it, whereas the mother does not share this status. The Hadith mentioning a man's earnings, including what his children earn, is cited as evidence supporting the father's specific right over the mother, as the term 'parent' in its absolute sense is applied to the father, not the mother.