I shall not be pleased unless you call Allah's Messenger (ﷺ) as witness to what you confer as a gift on your son. (Nu'man said): So father took hold of my hand and I was at that time a boy, and came to Allah's Messenger (ﷺ). and said: Allah's Messenger, the mother of this son (of mine), daughter of Rawaha wishes that I should call you witness to what I confer as gift to her son. Allah's Messenger (may pease be upon him) said: Bashir, have you any other son besides this (son of yours)? He said: Yes. He (the Holy Prophet) said: Have you given gifts to all of them like this? He said: No. Thereupon he (the Holy Prophet) said: Then call me not as witness, for I cannot be witness to an injustice.
The Book of Gifts - Sahih Muslim 1623f
This narration from Nu'man ibn Bashir concerns the fundamental Islamic principle of justice in gift-giving among children. The Prophet Muhammad (ﷺ) refused to witness an unequal distribution of gifts, establishing that parents must treat their children equitably in material matters.
Scholarly Commentary
The Prophet's inquiry about other children demonstrates that Islamic law requires equal treatment among offspring in gifts and bequests. This prevents animosity and maintains family harmony.
The term "injustice" (zulm) here refers to preferential treatment that creates inequality among heirs, which Islam strictly prohibits. Scholars interpret this to include all forms of material gifts, not just inheritance.
This hadith establishes that witnesses should refuse participation in unjust transactions, upholding their responsibility to prevent wrongdoing in the community.
Legal Implications
Classical jurists derived from this that voluntary gifts during one's lifetime must be distributed equally among children of same gender. Disparity is only permitted with valid reasons acknowledged by Islamic law.
The ruling applies particularly when gifts approach the scale of inheritance, ensuring the inheritance system's integrity is maintained through fair lifetime distributions.