What is the prescribed action for a father who has made unequal gifts to his sons and subsequently has another child born after the distribution?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
Ahmad prefers that a man should not divide his property but leave it according to divine prescriptions, in case another child is born to him later. If a father gives away his wealth and then another child is born, it is more fitting that he should revoke the gifts, either entirely or partially, so that the recipients give back what is necessary to equalize the share of the newly born child with his siblings.
Supporting text
If this new child is born after the father's death, the previously confirmed gifts are binding and there is no right of revocation against the existing brothers, except according to the narration favoring revocation. It is agreed upon that it is recommended for the recipient of a gift to equalize his brother in his giving, as evidenced by Abu Bakr and 'Umar ordering Qays ibn Sa'd to return his father's division so that the after-born child could be equalized.