What is the recommended ruling regarding the distribution of gifts among children during life?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
It is recommended (*mustahabb*) to distribute gifts among children according to the shares established by God in inheritance law, meaning the male receives the share of two females. This view is held by Ibrahim, 'Ata', Shurayh, Ishaq, and Muhammad ibn al-Hasan. Shurayh instructed a man dividing his wealth among his children to return the division to the shares and fixed portions of God. 'Ata' stated that they only divided according to the Book of God. The primary evidence supporting the division according to inheritance shares (male double the female) is that this division is an acceleration of the post-death distribution, which should follow the same standard, similar to accelerating Zakat or expiations. Furthermore, the male has greater need because upon marriage, he is responsible for the dower (*mahr*), maintenance (*nafaqa*), and the maintenance of children, which the female is entitled to, thus justifying the preference granted by God in inheritance which should extend to lifetime gifts.
Supporting text
An alternative view, held by Abu Hanifa, Malik, Al-Shafi'i, and Ibn al-Mubarak, is that the female should receive the same as the male (equality in the gift). The evidence cited is the Prophet's command to Bashir ibn Sa'd to 'make them equal' (*sawwi baynahum*), based on the analogy that just as the father desires equality in his fruit (*barak*), he should desire it in his children's gifts. They argue that the daughter is like the son in deserving parental kindness, and gifts during life are equal, like maintenance and clothing. Furthermore, the narration from Ibn Abbas, where the Prophet stated, 'Make your children equal in gifts, and if I were to prefer anyone, I would prefer women over men,' supports equality. Regarding the Hadith of Bashir, the counter-argument is that it was a specific case (*qadhiyya fi 'ayn*) or a description of a situation without general applicability, potentially meaning equality in the basic act of giving rather than the specific portion, or perhaps the Prophet knew Bashir only had sons. The narration from Ibn Abbas is considered weak (*mursal*).