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التسوية بين الأولاد و الاقارب في العطايا و الهبات

المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: سعد، أحمد ممدوح (مؤلف)
المجلد/العدد: ع 2
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2009
التاريخ الهجري: 1430
الشهر: أكتوبر
الصفحات: 106 - 151
رقم MD: 166903
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
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المستخلص: The subject of this research paper is regarding equality when giving gifts to children and relatives. This is an issue that has been the subject of debate between scholars, with the majority stating that equality in giving gifts is preferable (mustahab), and the minority stating its obligation. The purpose of this research paper is to clarify and explain the position of the majority of scholars and support their opinion. The paper will also refute the objections that have appeared in opposition to them, while presenting the evidence put forth by those who disagree, and a response to each piece of evidence they bring forth. This will be the first discussion regarding the subject, and the paper will also include research on other issues pertinent and relevant to the topic that are required to fully understand the subject. Comprehensively, ten topics will be discussed in this paper, and they are: 1. The first topic will explain the meaning of the words hiba and ‘atiya (gifts, donations, grants , presents), and a clarification of the issues of disagreement regarding these terms. Also, it will explain that the source of disagreement has to do with the word 'atiya, whether this ‘atiya is a gift, present, charity, grant, or any other voluntary act of giving. However, mandatory spending is not included in this term, like feeding, clothing, housing, and other fundamental things. 2. The second topic will present the ruling on equality between children in giving al hiba and al’atiya, and explain that this is preferable and not obligatory. 3. The third topic will present the position of those who mandate equality and discuss this opinion. 4. The fourth topic will describe the type of equality that is demanded, and will explain that the giving of ‘atiya to each individual must be exactly like what was given to the other, and no distinction should be made between boys and girls, and that a girl must receive exactly what a boy is granted. 5. The fifth topic will discuss differentiating between children based on matters that require preference, and explain that it is acceptable to differentiate and give preference when the situation mandates it, such as specifically giving to one who has a particular need, sickness, has many dependents, is busy with studies, etc. Likewise, there is nothing wrong with prohibiting things to someone because of disobedience or sinning, for this type of holding back is acceptable. 6. The sixth topic is a ruling on the equality that a mother must have between her children when giving, and clarify that it is preferred (mandoob) for the mother to be fair and just between her children when giving them presents and gifts. It is also disliked (makrooh) for her to unnecessarily differentiate between them, and all these rulings apply to the father as well. 7. The seventh topic is the ruling of equality regarding a grandfather giving gifts to his grandchildren. It explains that it is sunnah for the grandfather to equally give gifts between his descendants, even if they are distant, and if there are grandchildren present with his children. If he is not just and fair between them without a legitimate reason, then this is disliked as well. 8. The eighth topic is regarding the situation of a father who has given gifts to his child, and then he has another child. It is preferred for the father in this case to equally give gifts to his new child similar to what he had given to the elder one(s). 9. The ninth topic is about equality between parents. It is preferred for a child to equally give gifts to his mother and father. 10. The tenth topic discusses equality in giving between brothers and relatives, and how it is preferred for a sibling to give equally between his siblings. Also, this topic includes a refutation of those who claim it is mandatory to equally give gifts to all those who can possibly inherit, including children and other relatives.

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