out of his possession to the recipient and handed it over in accordance with Islamic law, then this is a matter well known to the scholars. If the donor had not given his other children the same, he was obliged to take back that gift or give the others the same, as established in an authentic report from al-Nu‘mān ibn Bashīr, who said:
“My father gave me a slave boy. My mother, ‘Amrah bint Rawāhah, said, ‘I will not be satisfied until you have Allah’s Messenger, peace and blessings be upon him, witness this.’ I then went to the Prophet, peace and blessings be upon him, and said, ‘I have given my son a slave boy, but his mother said she would not be satisfied until I had Allah’s Messenger, peace and blessings be upon him, witness this.’ He asked, ‘Do you have any other children?’ I replied, ‘Yes.’ He asked, ‘Have you given each of them the same as you gave him?’ I replied, ‘No.’ He said, ‘Have someone other than me witness this.’”
In another version:
“Do not ask me to witness this, for I do not bear witness to injustice. Fear Allah and treat your children fairly. Take it back.”
So he took it back. And Allah knows best.
He was asked:
A man owned a house and gave one-half and one-quarter of it as a charitable gift to his own son, while giving the remaining quarter to his full sister. The son to whom he had given the half and the quarter subsequently died. The donor then gave the entire house as a charitable gift to his daughter. Is this final gift valid, rendering the earlier gifts void, or not?
He replied:
If he had transferred ownership of the quarter to his sister and she had taken possession of it, and had transferred ownership of the three-quarters to his son, then the sister’s property passes to her heirs, not to the daughter. The owner has no right to transfer it to his daughter. And Allah knows best.