My father gave me a gift. The narrator Isma'il b. Salim said: (He gave me) his slave as a gift. My mother 'Umrah daughter of Rawahah said: Go to the Messenger of Allah and call him as witness. He then came to the Prophet (ﷺ) and mentioned it to him. He said him: I have given my son al-Nu'man a gift, and 'Umrah has asked me to call you as witness to it. He asked him: Have you children other than him? He said: I replied: Yes. He again asked: Have you given the rest of them the same as you have given al-Nu'man ? He said: No. Some of these narrators said in their version (that the Prophet said:) This in injustice. The others said in their version (that the Prophet said:) This is under force. So call some other person than me as witness to it. Mughirah said in his version: (The Prophet asked): Are you not pleased with the fact that all of them may be equal in virtue and grace ? He replied: Yes. He said: Then call some other person than me as witness to it. Mujahid mentioned in his version: They have right to you that you should do justice to them, as you have right to them that they should do good to you.
Abu Dawud said: In the version of al-Zuhri some (narrators) said: (Have you given) to all your sons ? and some (narrators) said: Your children. Ibn Abi Khalid narrated from al-Sha'bi in his version: Have your sons other than him ? Abu al-Duha narrated on the authority of al-Nu'man b. Bashir: Have you children other than him ?
Hadith Commentary: The Prohibition of Favoritism in Gifting
This narration from Sunan Abi Dawud 3542 addresses the crucial Islamic principle of justice in parental treatment of children. The Prophet Muhammad (ﷺ) refused to witness an unequal gift distribution, declaring it either "injustice" (zulm) or "under force" (ghabn), both indicating serious ethical violations.
Scholarly Analysis of Key Terms
The term "injustice" (zulm) here refers to placing something in other than its rightful place - giving preferential treatment disrupts family harmony and creates resentment among siblings.
"Under force" (ghabn) indicates the psychological pressure and potential coercion felt by the disadvantaged children who cannot object to parental decisions.
Legal Rulings Derived
Classical scholars unanimously derive from this hadith that equal treatment in gifting is obligatory (wajib) for parents, except where specific needs justify differentiation.
The Prophet's refusal to witness such an act establishes that unequal gifting without valid reason is religiously impermissible and invalid as a transaction requiring witness.
Practical Application
Parents must maintain equity in material gifts, financial support, and emotional attention to prevent family discord and fulfill their religious obligation of justice.
Valid exceptions include compensating for disability, special educational needs, or rewarding exceptional piety - but these must be clearly justified and explained to all children.
Spiritual Wisdom
The final statement "They have right to you that you should do justice to them, as you have right to them that they should do good to you" establishes mutual rights and responsibilities, emphasizing that parental justice precedes filial piety in the hierarchy of Islamic family ethics.