Is it permissible for a mother to sell a plot of land to one of her children without financial compensation, and what is the Islamic ruling on this after her death?
Scholars have differed on the ruling regarding favoring children in giving gifts. A group of scholars held that it is impermissible and the gift is invalid, while the majority opinion is that equality is desirable and favoritism is disliked, though the gift remains valid.
The most preponderant opinion is that equality is obligatory, and favoring some children over others in giving gifts is unjust and invalid, requiring its annulment. This is based on the Hadith of the Prophet, peace and blessings be upon him, to Bashir ibn Sa'd when he wanted the Prophet to bear witness to his favoring one of his children with a gift. The Prophet asked him: "Have you given all of your children similar to this?" He replied: "No." The Messenger of Allah, peace and blessings be upon him, said: "Then do not make me a witness, for I do not bear witness to injustice (jur)." In another narration: "So revoke it," and "Fear Allah and be just among your children."
However, favoritism is permissible if there is a valid reason, such as a child's need due to illness, a large family, or seeking knowledge, or if the child would use the gift to disobey Allah.
Favoring some children over others without a legitimate Islamic reason is considered injustice that leads to alienation and enmity among them. The mother is like the father in the obligation to be just among her children.
This ruling applies to gifts given during one's lifetime. However, if the gift is contingent upon after death, it falls under the ruling of a bequest to an heir.
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- Original fatwa ID
- 86497
- Imported
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