If he gives preference to some of them, he must restore fairness by taking back [part of the gift] or by giving more [to the others]. If he dies before doing so, the gift stands. It is not permissible for a donor to take back a binding gift, except for a father. …
His statement, “If he gives preference to some of them,” means that he gives one of them more than another, or singles him out with a gift.
His statement, “he must restore fairness,” means among them. It would have been better had the author said, “he must treat them fairly,” because at the beginning of his discussion he said, “Fair treatment is obligatory,” rather than, “Equal treatment is obligatory.” Moreover, his statement, “he must treat them equally,” is not unrestricted, for if we were to say “equal treatment,” we would return to the problem of making the male and female equal, whereas that is not what is intended. In any case, what he means here by equal treatment is fair treatment.
His statement, “by taking back,” means taking back from the one who was favored, so as to bring him level with the one who received less.
His statement, “or by giving more,” means giving more to the one who was given less. For example, if he gives one of them one thousand riyals and gives the other two thousand, then the way to restore equality is either to take one thousand from the one to whom he gave two thousand—this is what he means by “by taking back”—or to add another thousand to the one who was given one thousand. This is what he means by “or by giving more.”
There is a third way: to take back from all of them. Thus, he takes back from the one to whom he gave two thousand and from the one to whom he gave one thousand. This would be taking back a gift, and a parent is permitted to take back a gift, as will come, if Allah wills.
If someone were to ask: Does this ruling apply to both the mother and the father?
The answer is: Yes, it applies to both the mother and the father, because the underlying reason is the same. Thus, if a mother gives something to one of her children, she should give the other the like of it, with the male receiving the share of two females.
If someone were to ask: Does this also apply to a grandfather? That is, if he has grandchildren, is he required to treat them fairly?