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Fatwa CenterObligatory to be fair in giving gifts to children
Question
If a father possesses a flat which he would like to give to one of his two sons by means of a selling-and-buying-based gift, knowing that he has given the other a suitable rented flat, is this permissible under Sharee‘ah (Islamic law) or is it considered a change in the manner of distributing the legacy or what would become a legacy?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
It is incumbent on the father to be fair to his children in giving gifts, grants and so on. This is in view of what is proven in Al-Bukhari and Muslim and others, that the Prophet, sallallaahu ‘alayhi wa salam, said to Basheer 
who came to make him (i.e., the Prophet 
) witness to a gift that he wanted to give his son, An-Nu‘maan : "O Basheer! Do you have children other than this (An-Nu‘maan)?” He answered in the affirmative. He further asked: "Have you given all of them the like of that (you intend to give to An-Nu‘maan)?” He answered in the negative. Thereupon the Prophet, sallallaahu ’alayhi wa sallam, said: “Then, do not make me witness, for I can never be a witness to injustice." According to another version, the Prophet, sallallaahu ’alayhi wa sallam, said to him: "Would you like them all to be equally dutiful to you?’ He answered in the affirmative. On that he said: “Then, do not do so."
Consequently, it is due upon that father to let each of his sons possess a flat if he can do so; otherwise, he should not give anyone of them something apart from the other.
Allaah Knows best.
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