What is the ruling on a gift made by a father to some of his sons, followed by his death before he could reclaim it?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
If a father gives preferential gifts or favors some of his sons with gifts while healthy, and then dies before reclaiming them, the gifts stand confirmed and binding upon the estate for the recipients. The remaining heirs have no right to revoke them. This is the established position from Ahmad, narrated by Muhammad ibn Al-Hakam and Al-Maimuni, and is the chosen opinion of Al-Khallal and Abu Bakr. This view is also held by Malik, Al-Shafi'i, the companions of Abu Hanifa, and the majority of scholars.
Supporting text
There is another narration from Ahmad, favored by Ibn Batta and Abu Hafs Al-'Ukbarain, which holds that the rest of the heirs may revoke what the father gifted. This aligns with the view of 'Urwah ibn Al-Zubayr and Ishaq, based on the hadith stating the gift 'is returned during the man's life and after his death,' implying it is part of the inheritance subject to equalization.