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Can Father Take from Son’s Money Without Need?

24 December, 2018
Q Does the father have the right to take from his son's money? If so, what are the guidelines and conditions? Does the father have the right to take whatever he wants if it will not harm his son i.e. if his son is very wealthy?

Answer

The Fatwa Center at Islamweb
24 December, 2018

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

In this fatwa:

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.

Answering your question, The Fatwa Center at Islamweb, states:

Ibn Qudamah 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 son 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, Ibn Qudamah stated that Abu Hanifah, Malik and Ash-Shafi`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-Darda’ narrated that the Prophet (peace and blessings be upon him) said: “The father is the middle door of Paradise (i.e. the best way to Paradise), so it is up to you whether you take advantage of it or not.” (Ibn Maaah and At-Tirmithi)

Al-Mubarakfuri said in Tuhfat Al-Ahwadhi when explaining Sunan At-Tirmithi:

“Al-Qadi Iyad said:

“The hadith means that 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.'”

Almighty Allah knows best.

Source: www.islamweb.net