Who is this slave (how have you come to possess it)? Thereupon he (Nu'man b. Bashir) said: My father has donated it to me, whereupon he said: Have all brothers (of yours) been given this gift as given to you? He said: No. Thereupon he (the Holy Prophet) said: Then return him.
The Book of Gifts
Sahih Muslim 1623 d
Hadith Commentary
This noble hadith establishes a fundamental principle in Islamic inheritance and gift-giving: the obligation of justice among children. When the Prophet (ﷺ) inquired about the slave's origin and learned that Nu'man's father had gifted it exclusively to him, he immediately commanded its return.
The wisdom behind this ruling is profound. Partiality in gifts breeds resentment among siblings, fractures family bonds, and constitutes oppression. A parent must maintain equity, for favoritism corrupts hearts and disrupts household harmony. The Prophet's instruction demonstrates that such preferential treatment is religiously invalid.
Scholars derive from this that gifts to children should be equal in value, accounting for age and necessity. If one child receives a gift, others should receive equivalent gifts simultaneously or in due course. This practice preserves love and prevents envy, fulfilling the Islamic mandate of justice within the family structure.
Legal Rulings Derived
1. Partiality among children in gift-giving is prohibited (haram)
2. An unequal gift must be returned or balanced with equivalent gifts to other children
3. The ruling applies to all gifts, whether tangible property, money, or benefits
4. Justice in treatment extends beyond gifts to general care and affection