Question :
Is it allowed for my father to give me a sum of money to pay off debts that I have incurred to avoid being sued by creditors, and would my father be sinful for not giving the same amount to my other siblings in the interest fairness among children
The Answer :
All perfect praise be to Allah the Lord of the Worlds. May His peace and blessing be upon our Prophet Mohammad and upon all his family and companions.
There is a clear Islamic prohibition against favoritism and discrimination among children in gifts without a legitimate reason. This is based on the narration by Al-Bukhari and Muslim from Nu'man ibn Bashir, who said: "My father gave me a gift from his wealth, but my mother, Amra bint Rawaha, said she would not be satisfied until he made the Messenger of Allah (peace and blessings be upon him) a witness. So my father went to the Prophet (peace and blessings be upon him) to make him a witness for my gift. The Messenger of Allah (peace and blessings be upon him) said to him: 'Did you do this for all your children?' He said: 'No.' The Prophet (peace and blessings be upon him) then said: 'Fear Allah and be just among your children.' So my father went back and took back that charity."
In the agreed-upon hadith: "Fear Allah and be just among your children," the Shafi'i scholars interpreted the command for equality mentioned in the previous hadiths as recommended (mustahabb) and preferred (mandub). They understood the prohibition against favoritism as implying dislike (karahah) and not strict prohibition (tahrim).
If the son is in debt and unable to repay it, and he is in need of assistance to avoid imprisonment, then it is permissible for the father to give him what is necessary to settle his debt, and there is no sin on the father, God willing, in doing so. However, it is advisable for him to clarify the Sharia ruling to the other sons and daughters, so that they do not harbor any ill feelings or misunderstandings. And Allah The Almighty knows
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