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According to Hanafis, it is permissible in terms of law; the donation is valid but if there is injustice and groundless discrimination, it is an ethical fault. There are also some mujtahids who say, "A donation contrary to equality and justice is not permissible."

One of the issues that Hz. Prophet (pbuh) insistently gives importance to in child education is treating children equally. It is a principle that needs to be applied both regarding children in the same family and regarding children taught by the same teacher at school. That is, parents are not allowed to discriminate among their children depending on whether they are male or female, old or young, etc; similarly, teachers are not allowed to discriminate among their students depending on whether they are children of free people or slaves, children of relatives or others, etc.

Numan Ibn Bishr  narrates: “My father donated some of his property to me. My mother, Amra Bintu Rawaha said, “If you do not make the Messenger of Allah a witness of this donation, I will not accept it.” Thereupon, my father took me to the Messenger of Allah to inform him about the donation.

When the Prophet (pbuh) was informed about the situation, he asked,

“Do you have other children?” When my father said, “Yes!”, he said

“Did you donate to your other children similarly?” When my father said, “No!”, he said,

“Fear Allah and treat your children justly!”

My father left and annulled his donation.

In some other versions of the hadith, the Prophet (pbuh) is reported to have said the following:

“Treat your children equally”, “Return it”, “Do not make me a witness; I will not witness for oppression”, “It is not right; I will witness only for the truth”, “Find somebody else to be a witness”, “... one of your children's rights is your treating them equally.”

According to the explanation of Tirmidhi, acting upon this hadith, Islamic scholars regarded it necessary to treat children equally not only in "grants and donation" but in everything including "kissing". (1)

While making this decision, the scholars probably based it on the following hadith of the Messenger of Allah:

“Allah likes it when you treat your children justly including kissing.”(2)

The decree about teachers treating their students equally is understood from the following instruction of the Prophet (pbuh):

“If a teacher who undertakes to educate three children does not teach the rich and the poor ones equally, he will be resurrected within the group of traitors in the hereafter.” (3)

The motive for treating children equally gives us important clues in terms of our topic, that is, the measures to protect children from committing crime. When the Prophet (pbuh) prohibits Numan from treating his children unequally in terms of donation in the hadith mentioned above, he asks Numan the following question:

“Would it not make you pleased if your children treated you equally in terms of respect and grace?” Numan answered,

“Yes, O Messenger of Allah!” Thereupon, the Prophet said,

“Then, find somebody else to be a witness!”

In another narration, he said,

“It is your right to receive equal good deeds and favors from them; similarly, it is their right to receive equal treatment from them.”

Then, to maintain the child's respect toward his father, his love toward and solidarity with his brothers and sisters, and the bonds of relation are based on just and equal treatment. As a matter of fact, God Almighty associates the feelings of hatred and jealousy by Hz. Yusuf's (Joseph's) brothers against Joseph with Hz.Yaqub's (Jacob's) extra care for Joseph. Such a feeling caused his brothers to throw Joseph into a well; it also caused some grief and troubles that caused their father to become blind.

It is useful to remind the following hadith at this point:

“May Allah show a lot of mercy to the father who helps his child to treat him well.” (4)

Islamic scholars who regard treating children equally wajib (obligatory) make the following reasoning:

“Equal treatment is the first condition of wajib because breaking brotherhood and showing disrespect to parents are two issues that are rendered haram by Islam. Then, the means that lead to those two harams are also haram. To treat one child better than others will lead to those two harams.” (5)

Another scholar deals with the issue of injustice in a wider dimension and states the following:

“The order of the world and the hereafter depends on justice. Treating children differently causes hatred, grudge and enmity among brothers and sisters and it causes love of parents in some children and hatred of parents in others. In that case, injustice against parents and brothers and sisters takes place.” (6)

Then, treating children unjustly both at home and school becomes the beginning of a process that will lead children to different crimes. The chapter of Yusuf has nice messages regarding the issue.

Treating his children equally is always the best for a father. However, when a father does not treat his children equally, for instance, when he gives more property to one child than the other, we should not say to him, "You are committing a haram act." As a matter of fact, a person has the right to spend his property as he wishes. A person can give a house, car or something else to another person. Then, it is possible to think why he should not give it to one of his children.

However, such an act can cause jealousy and disagreement among children as it is stated in the hadiths above.

To sum up, there are two views regarding the issue:

1. It is obligatory for the father to treat his children equally; otherwise, he will be a sinner.

2. Treating children equally is something desired but one cannot force the father to do so. That is, we cannot say to a father he has committed a haram act when he does not treat his children equally. As a matter of fact,, the Prophet (pbuh) did not prohibit it but he said that he was not happy about it. It is not at the level of haram. It is makruh (abominable) but it is permissible.

On the other hand, it is fard for children to show respect to their parents and not to distress them. If our acts can distress them, we need to be very careful. We should not make things worse. We will be parents in the future, too.

References:

1. For references and more detailed information, see Hz. Peygamberin Sünnetinde Terbiye, p.172-177
2. al-Jamius-Saghir, II/297.
3. Ibn Sahnun, ibid, p.353.
4. al-Jamius-Saghir, IV/29.
5. Ibn Hajar, Fathul-Bari, VI/141.
6. Munawi, Faydul-Qadir, V/557.

As long as the deceased was not at fault, he is not held responsible for the wrongdoings of his children - including the inheritance - and will not be punished.

“Nor can a bearer of burdens bear another’s burdens if one heavily laden should call another to (bear) his load. Not the least portion of it can be carried (by the other). Even though he be nearly related.” (Fatir, 35/18)

This fact is underlined in the verse above.

First, it should be noted that in Islamic law, “hiba” is the act of a person giving his property to another person without compensation while he is alive. Inheritance, on the other hand, is the distribution of a person’s property among his heirs after his death, according to the shares determined by Allah. These two concepts are different.

A person is the owner of his property as long as he is alive. A person of sound mind, of legal age, and capable of managing his property has the right to use it. Therefore, a person can bequeath his property to his spouse, children, or another person while he is alive.

He does not need to obtain permission from his siblings to make this donation because his siblings do not have a right to the property of a person while that person is alive. The siblings’ right to inheritance only comes into play after the death of the person and when the conditions for inheritance are met. Therefore, the approval of siblings is not required for a legitimate disposition of one’s own property made during one’s lifetime.

However, there are some important points to consider here:

1. Hiba must be a genuine donation.

The person giving his property must genuinely do so without expecting anything in return and must fulfill the conditions necessary for the donation to be valid. Transactions that are merely on paper, but in reality allow the person to retain control over the property, may not be considered a valid gift.

2. The person who donates must be of sound mind and has free will.

As it is stated in the question, if the person is healthy, of sound mind, and capable of making decisions of his own free will, the donation is valid.

3. The donated item must be delivered.

In Islamic law, one of the crucial aspects of a gift is the delivery of the donated property to the recipient and the establishment of his right to use it. It is especially important in the case of immovable property.

4. Justice should be observed among children.

It is recommended that a person act fairly when making gifts to their children. Giving one child property in a completely different and unfair way is regarded as objectionable by scholars. However, if a person has only one child and wishes to bequeath property to his spouse as well, this situation is evaluated separately.

However, it is not a righteous intention for someone to dispose of his property solely to prevent or harm certain heirs from receiving his share in the future because in Islam, intention and justice are as important as the right to property.

5. Instead of donating all one’s possessions while alive, it might be more appropriate to consider the future as well.

Although a person has the right to use his own property, it is commendable for him to consider his own future and the well-being of his family before donating all of his possessions while still alive. Islam values not only a person’s property rights but also family ties, the needs of relatives, and social balance.

Therefore, a person may choose to donate a portion of his property while setting aside another portion for future needs or to be passed on through inheritance after his death. Although it is possible to donate everything, acting in a balanced and wise manner is a more virtuous approach.

6. It is not appropriate for a person to make himself dependent on others by donating all his possessions.

As man grows older, he may face needs such as healthcare, housing, and livelihood. Therefore, while doing good for others, he must also preserve the means to meet his own basic needs and maintain his dignity.

It is not desirable, for the individual or his family, for a person to give away all his possessions and then find himself in a situation where he will be dependent on the very people to whom he made those donations. While giving alms and making donations is a good deed, it is also important for a person to preserve the means necessary to fulfill his own responsibilities.

In conclusion:

- A person can bequeath his property to his spouse, daughter, or whomever he wishes while he is still alive.

- He does not need to obtain permission from his brothers or sisters for it because the siblings’ right to inheritance only comes into play after death and when the inheritance conditions are met.

- For the donation to be valid, the person must be legally competent, have a genuine intention to donate, and fulfill the donation conditions.

- Fairness, good intention, and the protection of family relationships should be observed while donating.

- Although a person has the right to donate his property, it is more appropriate and wiser to consider his own future and the needs of his family before donating all his possessions.

- When doing good deeds for others, one should avoid making financial decisions that will leave himself in need in the future, and should preserve the means to meet one’s his own basic needs.

May Allah Almighty bless our wealth, make our family relationships righteous, and make our actions pleasing to Him.