Question # 152: Is there any sahih hadeeth giving the right to aged father to take from his son without seeking his permission any amount from the son’s money?
Bismi-llahi r-raḥmani r-raḥīm,
Assalamu ‘laikum warahmatullahi wabarakatuh,
All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم).
First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake.
Shorter Answer: The father is allowed to take from his son’s wealth without seeking his permission based on the authentic ahadith of Prophet (صلى الله عليه و سلم). However, this permission is not absolute. It is subject to the following conditions:
- This does not cause harm to the son;
- It should not be something that the son needs;
- It should not be taken from one son to be given to another, unless the latter is in need;
- The father should be in need of this wealth (if he is not in need, he should obtain his son’s consent to take anything from his wealth). Hence, whatever the father takes from his son becomes his, when he takes it with the appropriate intention or a spoken statement;
- He should not take anything, when either of them is on his deathbed;
- The father should not be a kaafir when the son is a Muslim;
- The wealth should exist in a tangible form;
- The wealth should be not spent excessively and irresponsibly.
Long Answer: It was narrated from Jaabir ibn ‘Abd-Allah that a man said: “O Messenger of Allah, I have wealth and children, but my father wants to take all my wealth.” He said, “You and your wealth are for your father.” (Narrated by Ibn Maajah; Ibn Hibban in his Sahih from the hadith of Jaabir, and Ahmad from the hadith of ‘Abd-Allah ibn ‘Amr)
And Ahmad narrated from ‘Amr ibn Shu’ayb from his father from his grandfather, who said: A Bedouin came to the Messenger of Allah (صلى الله عليه و سلم) and said: “My father wants to take all my wealth.” He said, “You and your wealth are for your father. The best that you can eat is what you have earned, and your children’s wealth is part of what you have earned, so eat it and enjoy it.” This report has other isnads and corroborating reports which make it sahih (See Fath al-Bari; Nasb al-Raayah)
[However,] this permission is not absolute. It is subject to [certain] conditions. Shaykh Ibn ‘Uthaymeen (may Allah preserve him) said: This hadith is not da’eef (weak) because it has corroborating reports. What this means is that if he (the son) has wealth, the father has the right to enjoy that wealth and to take whatever he wants from it, but this is subject to certain conditions:
- By taking it, he does not cause harm to his son. If it does cause harm – such as taking his cover with which he protects himself from the cold, or he takes his food with which he wards off hunger –it is not permissible for the father to do this.
- It should not be something that the son needs …If the son has a car which he needs for getting about, and he does not have enough cash to buy a replacement, then the father does not have the right to take it under any circumstances.
- He should not take the wealth from one of his sons in order to give it to another, because this creates enmity between the sons and because it means preferring one of the children over another, if the second son is not in need. If he is in need, then the father’s giving something to the one who is in need and not to the ones who are not in need, does not mean that he is preferring one child over another; on the contrary, it is obligatory for him to do this.
Whatever the case, the hadith is something which the scholars refer to and use as evidence. But there are conditions attached, as we have mentioned. The father does not have the right to take one son’s wealth and give it to another son. (Fataawa Islamiyyah)
- [Lastly, it is stipulated that the father should be in need of this wealth that he is taking from his son, according to the majority of fuqaha’, apart from the Hanbalis.] This condition is clearly stated in some ahadith. It was narrated that ‘Aa’ishah (رضي الله عنها) said: the Messenger of Allah (صلى الله عليه و سلم) said: “Your children are a gift from Allah to you: ‘He bestows female (offspring) upon whom He wills, and bestows male (offspring) upon whom He wills’ [Soorah al-Shoora, 42:49]. So they and their wealth are for you, if you have need of it.” (narrated by al-Haakim; al-Bayhaqi)
The hadith was classed as sahih by al-Albaani in al-Silsilah al-Sahihah, where he says: This hadith contains an important fiqhi point which is that it explains that the famous hadith, “You and your wealth are for your father” (al-Irwaa’) does not give the father absolute permission to take whatever he wants from his son’s wealth. Far from it! But he may take whatever he is in need of. [Therefore, it is not permissible for a father, who is not in need, to take anything from son’s wealth except with his consent. However, Ibn Qudaamah (may Allah have mercy on him) said: The father may take whatever he wants from his son’s wealth and take possession of it, whether the father needs what he takes or not, and whether the son is a child or an adult, subject to two conditions…]
In the dissertations and fatwas of the Mufti Shaykh Muhammad ibn Ibraaheem ibn ‘Abd al-Lateef Aal al-Shaykh, it says the following:
“A father is permitted to take from his son’s wealth, because of the sayings of the Prophet (صلى الله عليه و سلم): “You and your wealth belong to your father” (reported by the five and classed as sahih by al-Tirmidhi) and “The best of what you consume is what you earn, and your children are part of your earnings” (reported by al-Tirmidhi, al-Nisa’i and Ibn Majah from ‘Aa’ishah (رضي الله عنها). The father’s taking from his son’s earnings is subject to six conditions:
- He should not take what his child needs or the loss of which would cause harm to his child.
- He should not give it to another of his children.
- He should not take anything when either of them is on his deathbed.
- The father should not be a kaafir when the son is a Muslim.
- The wealth should exist in a tangible form.
- Whatever the father takes from his son becomes his when he takes it with the appropriate intention or a spoken statement.
This is the gist of what our fuqaha’ (may Allah have mercy on them) have said, and this is our fatwa.”
(The above answer is based on answers provided by Shaykh Muhammad Saalih al-Munajjid on similar topics)
Imam Al-Shawkani said, “It is permissible for the father to use the money of his son as if it were his own, so long as it is not spent excessively and irresponsibly”. (Permanent Fatwa Committee, of the Assembly of Muslim Jurists in America (AMJA))
Allahu A’lam (Allah (سبحانه و تعالى) knows best) and all Perfections belong to Allah, and all mistakes belong to me alone. May Allah (سبحانه و تعالى) forgive me, Ameen.