Taking From The Wealth of The Son Without a Need
Fatwa No: 388864

  • Fatwa Date:19-12-2018 - Rabee' Al-Aakhir 11, 1440
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Question

Does the father have the right to take from his son's wealth? If so, what are the guidelines and conditions? Does he have the right to take whatever he wants if it will not harm his son i.e. if his son is very wealthy?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The majority of the scholars are of the view that if the father is financially sufficed, then he is not entitled to take anything from the wealth of his son without his son’s consent.

However, Ibn Qudaamah  may  Allaah  have  mercy  upon  him stated in his book Al-Mughni that the scholars from the Hanbali School of jurisprudence are of the view that the father is entitled to take from the wealth of his child even if he is not in need, provided that he does not harm the wealth of his son and that he does not take it in order to give it to another son. On the other hand, he (Ibn Qudaamah) stated that Abu Haneefah, Maalik and Ash-Shaafi’i are of the opinion that the father does not have the right to take anything from his son’s wealth except what he actually needs.

Our advice to the father is that if he is not in need, he should refrain from taking anything from the wealth of his son without his consent.

Our advice to the son is that he should not be stingy towards his father even if his father is not in need. He should not prevent his father from taking whatever he wants of his wealth if there is no harm on him (the son). Benevolence and kindness to the father is one of the best acts of obedience by which one gets closer to Allah, and it is one of the greatest means for entering Paradise.

Abu Ad-Dardaa’  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "The parent is the best gate (leading) to Paradise. Lose this gate if you wish or preserve it." [Ibn Maajah and At-Tirmithi]

Mubaarak-Poori  may  Allaah  have  mercy  upon  him said in Tuhfat Al-Ahwathi when explaining Sunan At-Tirmithi:

"Al-Qaadhi ‘Iyaadh said: 'Meaning, it is the best and highest gate, and that the best deed by which one seeks intercession to enter Paradise and reach its highest degree, is to obey the parent and take care of him/her.'" [End of quote]

Allah knows best.

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