he should give the female the same as he gives the male. They cited the apparent generality of the hadith of al-Nu'man, may Allah be pleased with him: “Be mindful of Allah and treat your children fairly.” The term “children” includes both males and females. They also cited his saying, peace and blessings be upon him: “Would you like them to be equal in dutifulness to you?” (1). Its apparent meaning is that they should be given equally, so that their dutifulness will be equal. Yet this does not prove their claim.

As for the first evidence: he said, “Treat your children fairly,” and did not say, “Give them equally.” Rather, he said, “Treat them fairly.” We know of no one more just than Allah, Glorified and Exalted is He, and Allah Most High says:

“Allah instructs you concerning your children: for the male, what is equal to the share of two females.” [al-Nisa' 4:11]

Thus, fairness is to give the male the share of two females.

Secondly, one wording of the hadith states: “Do you have sons?” (2) He replied, “Yes.” He asked, “Have you given them the like of it?” He replied, “No.” He then said, “Be mindful of Allah and treat your children fairly.” His question, “Do you have sons?” indicates that the matter concerned al-Nu'man ibn Bashir, may Allah be pleased with him, and his brothers, who were male; there were no sisters involved. Thus, since they were males, equal giving was obligatory.

Thirdly, regarding his saying, “Do you want them to be equal in dutifulness to you?” we say: if they know that their father gave them according to Allah’s apportionment, none of them will harbor rancor or resentment toward their father, and they will be equally dutiful to him. Therefore, the correct view is that adopted by the author, may Allah have mercy on him: fairness is to be according to their respective shares of inheritance.