Gifts and GrantsJustice in Gifts and Grants
If a father or mother gives some children a gift without a valid reason, they should be just between all of them.
It is not permissible to single out one child with money or a gift merely because of desire, because that child is closer to the heart, or because that child pressures more than others.
But if one child has a special need, such as illness, debt, necessary study, or poverty, the parent may give that child according to the need, not as unjust favoritism, but to meet the need.
Large gifts, transferring ownership, or writing some property to some children and not others should be referred to scholars, because these matters may become oppression or a cause of family rupture, especially if the intention is to deprive some heirs of their rights.
Scholars differed over the exact form of justice in gifts: should gifts during life be equal between male and female, or according to inheritance shares? The purpose here is to emphasize the principle of justice and avoiding oppression and favoritism. Large gifts should be referred to scholars, especially if they may lead to dispute or deprivation.
Necessary DistinctionThe Difference Between Maintenance, Need, and Gift
It is important to distinguish between three matters:
- Obligatory maintenance: food, clothing, basic education, and medical care. These are given according to need.
- Special need: such as illness, a binding debt, or an emergency circumstance. The child is given according to the need without intending favoritism.
- Extra gift or grant: such as money, property, or a large gift without special need. This is where justice is required and favoritism must be avoided.
It is not injustice for a parent to spend more on treatment for a sick child, or on necessary study that one child needs, if this is according to need and not unjust favoritism.