Chapter 3
Transactions
Spending on those under
one's responsibility
48952: Can a woman donate any of her money without
her husband's permission?
Question:
I want to help my family, my father, mother and
siblings, by giving them some money. I work and I have a lot
of money, alhamdulillah. I am able to help them, but
my husband will not let me. What should I do?.
Answer:
Praise be to Allaah.
If your family (your father, mother and siblings) are
poor and you are able to spend on them, then you are
obliged to do so, and it is not permissible for you to obey
your husband and not spend on them.
See Question no. 44995.
Secondly:
If your spending on your family is done on a
voluntary basis, i.e., they are not in need of this money, rather
you want to treat them kindly and uphold the ties of
kinship by giving this money, then the scholars
differed concerning the ruling on a woman donating some of
her wealth voluntarily without her husband's permission.
The majority of scholars are of the view that the
wife cannot be stopped from donating some of her wealth;
she has the right to dispose of it as she wishes without
her husband's permission. They quoted several texts
as evidence, such as the following:
1 _ The proven report that Umm al-Mu'mineen Maymoonah bint al-Haarith (may Allaah be pleased
with her) freed a slave woman and she did not ask
the permission of the Messenger of Allaah (peace
and blessings of Allaah be upon him). When it was her
day for the Prophet (peace and blessings of Allaah be
upon him) to stay with her, she said: "Did you notice,
O Messenger of Allaah, that I freed my slave woman?"
He said: "Did you?" She said: "Yes." He said: "If you
had given her to your maternal uncles you would have
earned a greater reward." Narrated by al-Bukhaari, 2592;
Muslim, 999.
Al-Nawawi said:
This shows that it is permissible for a woman to
dispose of her wealth voluntarily without her
husband's permission.
2 _ al-Bukhaari (978) and Muslim (885) narrated
that Jaabir ibn `Abd-Allaah said: The Prophet (peace
and blessings of Allaah be upon him) stood up on the day
of al-Fitr and led the people in prayer. He started with
the prayer then he delivered the khutbah (sermon). When
he had finished he came down and came to the woman
and exhorted them, leaning on Bilaal's arm, and Bilaal
was spreading out his cloak for the woman to throw
their sadaqah (charity) into it. According to another report:
they started to give their jewellery in charity.
Al-Haafiz said:
This hadeeth shows that a woman may give her wealth
in charity without her husband's permission.
Al-Nawawi said:
This hadeeth shows that it is permissible for a woman
to give some of her wealth in charity without her
husband's permission and that this is not limited to one-third of
her wealth. This is our view and the view of the
majority. Maalik said: It is not permissible for her to give
more than one-third of her wealth except with her
husband's permission. Our evidence for that from the hadeeth is
the fact that the Prophet (peace and blessings of Allaah
be upon him) did not ask them whether they had
their husbands for permission, or whether they were
giving more than one-third. If the ruling had differed he
would have asked them.
Some of the scholars are of the view that a woman
should not donate any of her wealth except with her
husband's permission. They quoted as evidence the words of
the Prophet (peace and blessings of Allaah be upon him):
"It is not permissible for a women to give anything
except with her husband's permission." Narrated by
Imam Ahmad in his Musnad, 6643; Abu Dawood, 3547;
classed as saheeh by al-Albaani in Saheeh Abu
Dawood.
The majority of scholars interpreted this hadeeth
as referring to a foolish woman who does not handle
money properly, or as meaning that it is mustahabb for a
woman to ask her husband's permission, not that it is
obligatory, and that this is part of good manners.
Al-Khattaabi said:
According to the majority of fuqaha', this is part of
good manners and making the husband feel good, but that
only applies in the case of a woman who is not wise or
mature. It was proven that the Messenger of Allaah (peace
and blessings of Allaah be upon him) said to the women,
"Give charity," and they started to throw their earrings and
rings and Bilaal caught them in his cloak, and these gifts
were given without their husbands' permission.
Al-Shawkaani said in Nayl al-Awtaar (3/414):
This hadeeth has been quoted as proof that it is
not permissible for a woman to give away any of her
wealth without her husband's permission, even if she is wise
and mature. But there was some difference of
scholarly opinion concerning that. Al-Layth said: That is
not permissible at all, either concerning one-third of
her wealth or less than that, except with regard to
insignificant things. Tawoos and Maalik said: It is permissible for
a woman to give away up to one-third of her wealth
without her husband's permission, but no more than that; it is
not permissible to give more than that without his
permission. The majority are of the view that it is permissible for
her to give any amount away without her husband's permission, so long as she is not immature. If she
is immature then it is not permissible. It says in
al-Fath: the latter view, which is that of the majority of scholars,
is well founded in the Qur'aan and Sunnah.
Based on this, a woman should not be prevented
from giving some of her wealth in charity, even if her
husband does not approve.
But it is better to ask his permission so that he will
feel good, and so as to avoid any hard feelings on his
part about his wife's spending. And he should give
her permission and not stop his wife from doing good
deeds and treating people kindly.
And Allaah knows best.
See also question no. 21684.
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44995: Should she spend on her parents who are
poor without her husband's approval?
Question:
My father is in need of financial help because his
income is not enough to spend on himself and my mother. I
work and my financial situation is very good, and I can
afford to help my father.
But my husband does not allow me to give them
any financial help, on the grounds that I have brothers
and they are responsible for spending on their parents and
the daughters are not responsible.
I have three brothers and their financial situation is
o.k., but they cannot afford to spend on my parents. There
are four of us daughters but I am the only one who works
and can help my family. But my husband is strict in not
letting me do that. What should I do? Should I obey my
husband and listen to what he says? Or should I obey my
family and help them even if that is without my
husband's knowledge? I hope that you can advise me. If the
wife wants to spend on her family, does she have to ask
her husband's permission to do so?.
Answer:
Praise be to Allaah.
The child _ male or female _ who can afford it has
to spend on his parents if they are poor and needy.
Allaah says (interpretation of the meaning):
"And your Lord has decreed that you worship none
but Him. And that you be dutiful to your parents"
[al-Isra' 17:23]
Part of being dutiful is spending on them if they are
in need.
Ibn al-Mundhir (may Allaah have mercy on him) said:
The scholars are agreed that spending on parents who
are poor and have no income and no money is obligatory
on the child.
The fact that you have brothers does not mean that
you are not obliged to spend on your parents, because
your brothers cannot afford to spend on them, as
you mentioned.
See al-Mughni, 11/375-376.
Shaykh al-Islam Ibn Taymiyah said in
al-Ikhtiyaaraat, p. 487:
The son who is well-off (rich) has to spend on his
father if he is not well off (poor), and on his father's wife,
and on his younger brothers and sisters.
Based on this, what your husband says about this
being the responsibility of your brothers only, is not correct.
Since your spending on them is obligatory, it is
not permissible for you to obey your husband in this
matter, because the Prophet (peace and blessings of Allaah
be upon him) said: "There is no obedience if it
involves disobedience to Allaah, rather obedience is only
with regard to that which is right and proper." Narrated by
al-Bukhaari, 4340; Muslim, 1840.
At the same time, you must also be gentle with
your husband and try to convince him about that, and
convince him that this is what Allaah has enjoined on you,
namely the duty to honour your parents and treat them kindly.
And Allaah knows best.
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25786: Does a son have to spend on his father even if he
is rich?
Question:
My husband's father helped my husband to get
married, then my husband traveled to one of the Gulf countries
for work. Because he has many debts that he wants to
pay off, he is not sending any money to his father.
Now his father is demanding the money that he spent
to get him married, even though my father-in-law is a
doctor and has a good income that is more than enough.
My question is:
Is it not the father's obligation to get his son
married? What should be done in this situation?.
Answer:
Praise be to Allaah.
Firstly:
The father is obliged to get his son married if the father
is rich and the son is poor and cannot afford to get
married, because marriage is part of the obligatory spending.
Allaah says (interpretation of the meaning):
"but the father of the child shall bear the cost of
the mother's food and clothing on a reasonable basis"
[al-Baqarah 2:233]
So the father has to get his sons married if he is able
to and they cannot afford it. He has to spend on them
with regard to food, drink, education etc, because spending
is obligatory upon the father.
Secondly:
The son does not have to spend on his father unless
two conditions are met:
1 _ The son is rich (i.e., he has what he needs and more)
2 _ The father is poor.
If these two conditions are met, then the son is obliged
to spend on his father. Here the questioner mentions
that her father-in-law is a doctor and that his income is
good. If that is the case then the son is not obliged to spend
on him. But if the father asks his son for something, even
if he is rich, and the son does not need that wealth and
will not be affected by giving it to his father, then he
should give it to his father lest he be regarded as being
disobedient towards his father. But if the son needs that money,
he does not have to give it to his father; he should explain
to his father the financial difficulty that he is facing [?}
and that after he had paid off his debts and has
become financially stable he will send money to his father as
much as he can.
"Allaah burdens not a person beyond his scope"
[al-Baqarah 2:286 _ interpretation of the
meaning]
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8916: Is a husband obliged to spend on his wife's Hajj?
Question:
Is it `Fardh'(obligatory) for a man to send his
dependant wife to Hajj if the man is having enough money for
the same?.
Answer:
Praise be to Allaah.
It is not obligatory for a husband to bear the costs of
his wife's Hajj, even if he is rich. Rather it is mustahabb
for him to do so and he will be rewarded for that, but he
is not sinning if he does not do that.
That is not enjoined by either the Qur'aan or the
Sunnah. But Islam gives the wife the Mahr which is her
exclusive right, and it permits her to dispose of her own wealth.
Rather Islam enjoins on the husband to spend on his
wife in a manner that is good and reasonable, but it does
not oblige him to pay off her debts, or to pay zakaah on
her behalf, or to pay the costs of Hajj etc.
Shaykh Ibn `Uthaymeen was asked: will a husband
be rewarded if he appoints someone to do Hajj on his
wife's behalf, if she dies without having done Hajj?
He said: it is better for him to do Hajj on her behalf
himself so that the rituals will be done properly… Then he
said: But as for it being obligatory, that is not obligatory
for him.
Al-Liqa' al-Shahri, 34, no. 579
Just as it is not obligatory to make up Hajj on her
behalf after she dies, so too it is not obligatory for him to pay
for her Hajj whilst she is still alive.
This is as far as the issue of whether or not it is
obligatory is concerned. With regard to being kind to her, if he
does that then Allaah does not cause the reward of those
who do good to be lost, and Allaah will record for him
the reward of her Hajj.
The fuqaha' (may Allaah have mercy on them) stated
that it is obligatory for a husband to spend on his wife's
Hajj in the event that he deliberately spoils her Hajj, such
as one who forces his wife to have intercourse before
the first stage of exiting ihram, etc.
Shaykh `Abd al-Kareem Zaydaan said:
It is not one of the wife's rights over the husband that
he should bear the costs of her Hajj, or share the costs
with her. Al-Mufassal fi Ahkaam al-Mar'ah, 2/177
Shaykh al-Albaani (may Allaah have mercy on him)
was asked about the same issue and he replied: It is
not obligatory for a husband to pay the expenses of his
wife's Hajj. This has to do with men. If a woman has
sufficient money to go for Hajj then it is obligatory for her to go
for Hajj; if she does not have enough money then she is
not obliged to go for Hajj.
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21701: Benefitting from the wealth of a father who deals
in riba
Question:
I am a young Muslim man and praise be to Allaah
my father has some money. He heard a fatwa of
Shaykh Tantaawi saying that it is permissible to take bank
interest, and he put his money in the bank and started to take
the interest. I am convinced that this interest is haraam, and
I have tried a lot to convince him to give up this
notion, but without success.
Is there any sin on me, my brothers and my mother?
I asked my father to promise not to spend on us from
the money that comes from the interest. What do we have
to do? If this money is spent on us, what should we
do? Allaah has blessed me with work in Saudi and my
father paid my travel costs, and I do not know whether
this money is from the interest or not. Is the money I get
from this work haraam or not? I hope you can advise me.
Answer:
Praise be to Allaah.
There is no sin on the children of one who deals in
riba even if he spends purely riba-derived money on their
food, clothes or travel, if they have no other way of earning
a living. They have to advise their father in the
manner which they think will be most effective. If it is easy
to find other means of earning a living, or they do not
need that money for the essentials of living, then they have
to do without it.
Shaykh Ibn `Uthaymeen (may Allaah have mercy on
him) said:
If the father's earnings are haraam, then it is essential
to advise him. Either you can advise him yourselves, if
you are able to do that, or you can seek the help of
scholars who can convince him or of his friends who may be
able to convince him to avoid these haraam earnings. But
if that is not possible then you may benefit from it as
much as is necessary, and there is no sin on you in this case,
but you should not take more than you need because of
doubts as to whether it is permissible to benefit from one
whose earnings are haraam.
(Fataawa Islamiyyah, 3/452).
If a father who deals in riba dies, his heirs must get rid
of the riba-based money by returning it to its owners if
they are known. Otherwise they should get rid of it by
spending it in charity, whether that is given individuals or
to institutions. If it is too difficult for them to find out
exactly how much of their father's wealth is riba-based,
they should divide it in half, taking one half and
distributing the other half.
Shaykh al-Islam Ibn Taymiyah was asked about a
man who dealt in riba, and who left behind wealth and a
son who knew his father's situation _ was the
wealth permissible for the son as inheritance or not?
He replied: with regard to the amount that the son
knows is riba-based, he should get rid of it, either by returning
it to its owners if possible, and he should not give it
in charity. The rest is not haraam for him. With regard to
the amount concerning which there is doubt, it is
mustahabb for him not to take it unless it is needed to pay off a
debt or to spend on dependents. If the father died
when engaging in riba-based transactions that are allowed
by some fuqaha', it is permissible for the heir to benefit
from them. If the halaal and haraam are mixed and the
extent of each is unknown, it should be divided into two halves.
(Majmoo' al-Fataawa, 29/307).
And Allaah knows best.
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21684: Wife disposing of her own money without
her husband's knowledge
Question:
My sister works in Saudi and wants to invest part of
her salary in a project on the basis that this money is my
money and she will give me the profits whilst the capital
remains hers, on the basis that I will lend her this money and
she will invest it, but without her husband's knowledge.
Is she or am I doing anything haraam? Please advise us.
Answer:
Praise be to Allaah.
There is no sin on your sister if she gives you money as
a loan for you to invest and benefit from the results on
the basis that the capital will remain your sister's. But if
your sister wants to share the profit with you whilst she
is keeping the capital as is, that is not permitted,
because this comes under the heading of "every loan that
brings benefits is riba." It is not necessary for her husband
to know about your giving her the money, because the
money is her own and he has no right to any part of it unless
she gives it willingly. Allaah says (interpretation of
the meaning):
"And give to the women (whom you marry) their
Mahr (obligatory bridal-money given by the husband to his
wife at the time of marriage) with a good heart; but if they,
of their own good pleasure, remit any part of it to you,
take it, and enjoy it without fear of any harm (as Allaah
has made it lawful)"
[al-Nisa' 4:4]
But by way of kind treatment and because men are
more experienced and kanowledgeable in matters of
business, our advice is that the husband should be told about
what his wife is doing and how she is disposing of her wealth.
Shaykh `Abd-Allaah al-Jibreen said:
The wife owns her wealth and she has the right to
dispose of it. She may give it as gifts, give it in charity, pay
off her debts, give up her rights to money that she is owed
or give up her right to inheritance to whomever she
wants, whether relatives or others. Her husband has no right
to object if she is mature and of sound mind. Her
husband does not have the right to dispose of any of her
wealth except with her consent. (Fataawa al-Mar'ah
al-Muslimah, 2/674).
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10332: Is it permissible to pay off the debt of a son who
is in need when one has other children?
Question:
I know that it is obligatory to treat one's children
fairly, but one of my children is poor and has debts. Is
it permissible for me to pay off some of his debts from
my own money?
Answer:
Praise be to Allaah. It is obligatory to treat one's
children fairly. See Question no. 22169.
It is obligatory to treat children equally in gift-giving
and it is forbidden to single some out for gifts or to
show preferences, unless there is a compelling reason for
doing so.
If there is a reason to show preference to one or to
single one out, then it is acceptable to do so, such as if one
of them is sick, blind or disabled, or he has a large family,
or he is a student, and other reasons. So in that case it
is acceptable to give him preference for those reasons.
Imaam Ahmad referred to that when he said _
concerning singling out some of one's children to be beneficiaries
of a waqf _ "There is nothing wrong with that if it is
because of a need, but I regard it as makrooh if it is by way
of showing favouritism."
Shaykh al-Islam Ibn Taymiyah said: "The hadeeth
and the reports indicate that it is obligatory to treat
children fairly… but there are two kinds:
1 _ Those who need him to spend on them in
sickness and in health and so on, in which case fairness
means giving each of them what he needs, and it makes
no difference if he needs a little or a lot.
2 _ Needs which all the children will have in
common, such as gifts, maintenance and arranging their
marriages. Undoubtedly it is haraam to show preferences with
regard to these matters.
From these two stems a third kind, which is helping
out one child for an extraordinary need, such as paying
off the debt of one child, or paying compensation on his
behalf (if he has caused injury to another), or paying the
mahr on his behalf, or giving him the money he needs for
his wife's maintenance, and so on. Concerning whether
or not he is obligated to give a similar amount to the
other children is subject to further discussion." (From
al-Ikhtiyaaraat)
Tayseer al-`Allaam Sharh `Umdat al-Ahkaam, p. 767.
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20886: The wife is not entitled to maintenance if
she refused to go back to her husband's house
Question:
There was a argument between him and his wife, and
she said, "Take me back to my family, I don't want to
stay with you." So he took her back to her family and
she stayed with them for several months. Does he have
to pay maintenance?
Answer:
Praise be to Allaah.
He does not have to pay maintenance because maintenance is in return for her allowing him to
be intimate with her. And that did not happen because
she insisted on going and did not stay with him.
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13464: What is the maximum extent of the obligation
to spend on one's children?
Question:
What is the ruling on spending on one's children?
What is the maximum extent of spending?
Answer:
Praise be to Allaah.
The scholars are agreed that the father is obliged to
spend on his small children who have no money of their
own until they reach adulthood.
Ibn al-Mundhir (may Allaah have mercy on him)
said: "All of the scholars from whom we learned are
agreed that a person is obliged to spend on his young
children who have no money of their own, because a man's
child is part of him, and the child is part of the father. Just as
he is obliged to spend on himself and his wife, he is
also obliged to spend on his descendants and ascendants."
(al-Mughni, 8/171).
The obligation of spending on one's child is based on
the Qur'aan, the Sunnah and scholarly consensus (ijmaa').
In the Qur'aan, Allaah says (interpretation of
the meaning):
"Then if they give suck to the children for you, give
them their due payment"[al-Talaaq 65:6]
The obligation of paying for breastfeeding is given to
the father. And Allaah says (interpretation of the meaning):
"but the father of the child shall bear the cost of
the mother's food and clothing on a reasonable
basis"[al-Baqarah 2:233]
From the Sunnah: the Prophet (peace and blessings
of Allaah be upon him) said to Hind: "Take what is
sufficient for you and your child, on a reasonable basis."
(al-Bukhaari, 5364; Muslim, 1714)
With regard to ijmaa', we have quoted it above.
They (the scholars) are agreed that the father has to
spend on his incapable children, male and female alike,
until they become independent, whether they are old or young.
They agreed that the father does not have to spend on
a child who has wealth and is of independent means,
even if that child is small.
They agreed that a father does not have to spend on a
son who has reached adulthood and is able to earn a living.
They differed as to whether a father has to spend on
an adult son who is poor but is able to earn a living. Most
of the scholars think that he does not have to spend on
him, because he is able to work.
Some of them said that the father does have to spend
on his adult son who is poor, even if he is able to earn
a living, basing that on the words of the Prophet
(peace and blessings of Allaah be upon him) to Hind: "Take
what is sufficient for you and your child, on a reasonable
basis." He did not make any exception for one who has
reached adulthood or is physically sound.
And because he is a poor child, he deserves to be
spent on by his rich father, as is also the case if a child
is chronically sick or blind.
Shaykh al-Islam Ibn Taymiyah (may Allaah have
mercy on him) was asked about a rich father who has a son
who is poor: does the rich father have to spend on his
poor son?
He answered: "Yes, he has to spend on his son on
a reasonable basis, if the son is poor and is unable to earn
a living and the father is well off." (Summarized from
al-Fataawa al-Kubraa, 3/363; Majmoo'
al-Fataawa, 34/105).
They also differed concerning a daughter who
reaches adulthood _ does the father have to spend on her or not?
Most of the scholars said that he does have to spend
on her until she gets married. This is more likely to be
correct, and Allaah knows best, because she is unable to earn
a living.
This is a summary of what the scholars have said.
You will find some of the texts and the evidence which
they quoted in the following books:
Hanafi: al-Mabsoot, 5/223
Maaliki: al-Mudawwanah, 2/263. See also
Tabyeen al-Masaalik Sharh Tadreeb al-Saalik, 3/244
Shaafa'i: al-Umm, 8/340
Hanbali: al-Mughni, 8/171.
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22063: The reward for spending on one's wife and children
Question:
What is the reward of a man who spends on his children?
Answer:
Praise be to Allaah.
There is a great deal of evidence in the Qur'aan
and Sunnah to encourage spending on one's children
and describing the virtue of doing so. This includes:
1 _ Evidence from the Qur'aan:
Allaah says (interpretation of the meanings):
"but the father of the child shall bear the cost of
the mother's food and clothing on a reasonable
basis"[al-Baqarah 2:233]
"Let the rich man spend according to his means; and
the man whose resources are restricted, let him
spend according to what Allaah has given him"
[al-Talaaq 65:7]
"and whatsoever you spend of anything (in
Allaah's Cause), He will replace it. And He is the Best of providers"
[Saba' 34:39]
2 _ Evidence from the Sunnah:
There are many reports from the Prophet (peace
and blessings of Allaah be upon him) concerning the
virtue of spending on one's wife and children,
especially daughters. For example, Muslim (995) narrated from
Abu Hurayrah in a marfoo' report: "A dinar which you
spend for the sake of Allaah, a dinar which you spend on
freeing a slave, a dinar which you give in charity to a poor
person and a dinar which you spend on your family _ the
greatest of these in reward is that which you spend on your family."
It was narrated by Muslim (994) and others from Thawbaan, the freed slave of the Messenger of
Allaah (peace and blessings of Allaah be upon him) in a
marfoo' report: "The best dinar which a man can spend is a
dinar which he spends on his children, a dinar which he
spends on his riding beast for the sake of Allaah, and a
dinar which he spends on his companions for the sake
of Allaah." Abu Qilaabah said: he started with one's
children, then Abu Qilaabah said, what man earns a greater
reward than one who spends on his small children so as
spare them from having to beg or so that Allaah may
benefit them through him and make them independent?
In Saheeh al-Bukhaari (1295) and Saheeh
Muslim (1628) it is narrated from Sa'd ibn Abi Waqqaas (may Allaah
be pleased with him) that the Messenger of Allaah
(peace and blessings of Allaah be upon him) said to him:
"You will never spend anything seeking the Face of
Allaah thereby, but you will be rewarded for it, even (the
food) that you put in your wife's mouth."
In al-Bukhaari (55) and Muslim (1002) it is narrated
from Abu Sa'eed al-Khudri (may Allaah be pleased with
him) that the Prophet (peace and blessings of Allaah be
upon him) said: "When a man spends on his family, hoping
for reward, that is (counted as) an act of charity for him."
In al-Saheehayn (al-Bukhaari, 1442, Muslim, 1010), it
is narrated from Abu Hurayrah (may Allaah be pleased
with him) that the Prophet (peace and blessings of Allaah
be upon him) said: "there is no day on which people
wake up but two angels come down. One of them says,
`O Allaah, compensate anyone who spends' and the
other says, `O Allaah, destroy the one who withholds.'"
In al-Saheehayn (al-Bukhaari, 1418; Muslim, 2629) it
is narrated that `Aa'ishah (may Allaah be pleased with
her) said: "A woman entered upon me and she had her
two daughters with her. She asked me [for food] and I did
not have anything except one date. I gave it to her and
she shared it between her daughters and did not eat any of
it herself. Then she got up and left. The Prophet (peace
and blessings of Allaah be upon him) came in and I told
him (what had happened). He said, `Whoever is tested
with any of these girls and he treats them kindly, they will be
a shield for him against the Fire.'"
In Muslim (2630) it is also narrated that `Aa'ishah
(may Allaah be pleased with her) said: "A poor woman
came to me carrying her two daughters, and I gave her
three dates. She gave each of them a date, and raised one
date to her mouth to eat it. Then her daughters asked her
for more food, so she split the date that she had wanted to
eat between them. I was impressed by her action and I
told the Messenger of Allaah (peace and blessings of
Allaah be upon him) what she had done. He said, `Because
of that, Allaah has guaranteed Paradise for her, or saved
her from Hell.'"
In Muslim (2631) it is narrated from Anas (may
Allaah be pleased with him) that the Prophet (peace and
blessings of Allaah be upon him) said: "Whoever sponsors
(takes care of) two girls until they reach adulthood, he and I
will come on the Day of Resurrection (like this)" _ and he
put his fingers together.
And there are many similar ahaadeeth. And Allaah
knows best.
(Adapted from Ghidha' al-Albaab, 2/437)
Ibn Battaal (may Allaah have mercy on him) said:
he should spend on himself, on his wife and on those
on whom he is obliged to spend without being stingy
or extravagant in that, as Allaah says (interpretation of
the meaning):
"And those who, when they spend, are neither
extravagant nor niggardly, but hold a medium (way) between
those (extremes)"
[al-Furqaan 25:67]
This spending is better than charity and all other kinds
of spending. (Tarh al-Tathreeb, 2/74)
And Allaah knows best.
Islam Q&A Sheikh Muhammed Salih
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12214: Do parents have any rights to the wealth of
a married daughter?
Question:
Does a daughters wealth belong to her parents like a
son's wealth belongs to his parents and should she spend
on them in the same way?
Many people believe that once a daughter is married,
she should not spend on her parents if her brothers are able
to do this instead. Do husbands have rights over their
wife's wealth, not to spend themselves but rather over
where the wife should spend it and if they think it should not
be on her parents then she should obey this request.
If noth parents are needy, and the wife has no wealth
of her own, should the husband spend on both as the
wife's parents are allowed to recieve zakaah from their
daughter but the husband's parents are not as it is his duty to
spend on them?
Answer:
Praise be to Allaah.
Children (awlaad) is a general term which includes
both males and females. The father has the right to dispose
of his children's wealth because the Prophet (peace
and blessings of Allaah be upon him) said: "You and
your wealth belong to your children." So if the father wants
to take something from their wealth, he has the right to
do that, so long as it will not cause them any harm; it is
not permissible for him to take wealth from one of them
and give it to another.
If the parents are poor and the daughter has wealth
surplus to her needs, then she has to spend on her parents
in accordance with their needs, without failing to meet
her own needs. The woman's maintenance is obligatory
upon her husband: he must spend on that which is essential
for her maintenance. If the woman is working then her
money is hers and hers alone, unless the husband stipulates
the condition that he should get the money or some of it
in return for her going out of the house and his missing
out on some of his rights. But if she has enough money
she can keep it for her own needs or for her children's
or parents' needs. If she has brothers or sisters, and one
of them takes care of spending on the parents, then the
others are relieved of the obligation, and he will have the
reward; or they can all agree that each of them will give a
specific amount.
The woman's husband is not obliged to spend on
her parents, unless it is the zakaah of his wealth. She, on
the other hand, should not spend her zakaah money on
them because that is an obligation upon her; rather she
should give them money other than her zakaah.
Shaykh `Abd-Allaah ibn Jibreen. (www.islam-qa.com)
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21658: Will a Muslim be rewarded for spending
on building?
Question:
Will a man be rewarded for spending on building?
Answer:
Praise be to Allaah.
It was narrated from Anas ibn Maalik that the
Messenger of Allaah (peace and blessings of Allaah be upon
him) said: ""Every building will bring bad consequences
to the one who built it, except that (which is necessary)."
(Narrated by Abu Dawood, 5237; Ibn Maajah, 4161)
This hadeeth was classed as saheeh by al-Albaani in
al-Silsilah al-Saheehah, 2830.
It was narrated that Khabbaab ibn al-Aratt said: "I
heard the Messenger of Allaah (peace and blessings of
Allaah be upon him) say: `A man will be rewarded for all of
his spending, except (spending on) dust _ or he said,
on building.'"
(Narrated by al-Tirmidhi, 2483; Ibn Maajah, 4163).
This hadeeth was classed as saheeh by Shaykh
al-Albaani in al-Silsilah al-Saheehah, 2831.
Shaykh al-Albaani said:
Know that what is meant in this hadeeth and the
previous hadeeth _ and Allaah knows best _ is when a Muslim
is too concerned with building and buikds more than
he needs. There is no doubt that what is necessary
varies according to the size of the builder's family, whether it
is large or small, and whether he entertains guests or not.
In that regard it is similar to the saheeh hadeeth, "A bed
for the man, a bed for his wife, a bed for their guest, and
the fourth is for the Shaytaan." (Narrated by Muslim,
6/146 and others; also narrated in Saheeh Abi
Dawood).
Hence al-Haafiz said, after quoting this hadeeth
and others:
"These are all to be interpreted as referring to things
that are needed in order to live a settled life, and to that
which offers protection against heat and cold."
Then he spoke of some people who gave the false impression that all kinds of building are sinful, and
he commented on that by saying:
"That is not the case, rather it is subject to
further explanation. Not everyone who builds more than he
needs is necessarily guilty of sin… in some cases, building
may bring reward, such as something which benefits
people other than the builder _ this brings the builder
reward. And Allaah knows best.
Al-Silsilah al-Saheehah, hadeeth no.
2831.
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2686: If a woman works, does she have to pay
the household expenses?
Question:
Does a woman who is employed have to pay the
household expenses? Her husband is saying that if she does not
pay the household expenses, she will not be allowed to
work at all. Does her husband have any right to the salary
which she gets for her work? If she does have to pay
towards the household expenses, how is that to be divided
between her and husband?
Answer:
Praise be to Allaah.
They should come to some agreement concerning
this issue _ the sharing of household expenses between
a husband and wife who both go out to work and earn
a living _ and avoid any dispute concerning it.
With regard to how that should be done, this depends
on a number of things, as discussed below:
1 _ If your husband stipulated in the marriage
contract that expenses are to be shared otherwise he will not
let you work, then the Muslims are bound by their
conditions, as the Prophet SAWS (peace and blessings of Allaah
be upon him) said:
"The Muslims are bound by their conditions, except
for conditions which forbid something that is permitted
or permit something that is forbidden." And he SAWS
(peace and blessings of Allaah be upon him) said:
"The conditions which are most deserving of
fulfilment are those by means of which sexual intimacy
becomes permissible for you."
So you are bound by the conditions you made, if you
made any conditions [in your marriage contract].
2 _ If you did not make any conditions, then the
household expenses are all the responsibility of the husband,
and the wife does not have to pay any of the
household expenses; he is the one who has to pay them. Allaah
says (interpretation of the meaning):
"Let the rich man spend according to his means"
[al-Talaaq 65:7]
And the Prophet SAWS (peace and blessings of
Allaah be upon him) said: "You are obliged to spend on
them and clothe them according to what is reasonable."
So spending is the obligation of the husband. He is
the one who should take care of the household needs and
his own needs and those of his wife and children. (The
wife's) money and salary belong to her, because that is given
in return for her work and her efforts. (The husband)
draw up the marriage contract on that basis, and he did
not stipulate any condition that she should pay the
household expenses, or half of them, etc. _ unless she gives up
any part of her salary of her own good pleasure,
"but if they, of their own good pleasure, remit any part
of it to you, take it, and enjoy it without fear of any harm
(as Allaah has made it lawful)"
[al-Nisaa' 4:4]
But if the marriage contract was drawn up on the basis
of any such condition, then the Muslims are bound by
their conditions.
But we advise you to give up part of your salary to
your husband in order to please him and to resolve the
dispute and solve the problem, so that you may live in peace
and harmony. So agree upon something between
yourselves, such as one half of the salary, or one-third, or
one-quarter, etc., so that the problem will be solved and so that
love and harmony may take the place of conflict. Or
perhaps he will agree and be content with what Allaah has
decreed for him, and he will spend according to his means, and
he will forego all of your salary and have some
pride concerning the matter. But if that is not possible,
then there is no reason why you should not refer the matter
to the courts in the city where you live, and whatever
the shar'i court decides will be sufficient, in sha Allah.
May Allaah help you both.
From the fatwas of Shaykh `Abd al-`Azeez.
(www.islam-qa.com)
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10495: His wife demands clothes and gold like her
friends have
Question:
My wife attends parties and sees what the other
women are wearing, then she demands clothes and gold like
those she has seen. My monthly income is not like that of
the husbands of those women. What should I do with her?
Answer:
Praise be to Allaah.
There is an important hadeeth from the Prophet
(peace and blessings of Allaah be upon him) which explains
this matter and says that this is one of the causes of
doom. There follows the text of this hadeeth so that you
may advise your wife thereby. Imaam Ibn Khuzaymah
narrated in Kitaab al-Tawheed that the Prophet (peace
and blessings of Allaah be upon him) delivered a
khutbah (sermon) and spoke at length., in which he
mentioned matters of this world and the Hereafter. He said that
the first thing that led to the destruction of the Children
of Israel was when the wife of a poor man would
make demands for clothes and jewellery just as the wife of
a rich man would demand.
Al-Silsilah al-Saheehah by al-Albaani, no. 591.
He said, this is a saheeh isnaad according to the
conditions of Muslim.
You must remind her of the importance of being
content and of asceticism in this world. Promise her that that
you will give her more when Allaah gives you more,
and remind her of what Allaah says (interpretation of
the meaning):
"Let the rich man spend according to his means; and
the man whose resources are restricted, let him
spend according to what Allaah has given him. Allaah puts
no burden on any person beyond what He has given
him. Allaah will grant after hardship, ease" [al-Talaaq
65:7]
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10122: Her husband has left Islam; is she entitled
to maintenance during the `iddah period?
Question:
I got married to a person who had been a Christian,
then he claimed to be a Muslim and started to pray. I
lived with him for a while, then he left Islam and
stopped praying. I had the marriage declared null and void, and
I have started my `iddah. Am I entitled to maintenance
from him during the `iddah?
Answer:
Praise be to Allaah.
Yes, you are entitled to maintenance during the
`iddah, because the separation happened because of the
husband, since he left Islam. Imaam al-Shaafa'i (may Allaah
have mercy on him) said in Kitaab al-Umm (vol. 6), "If he
_ i.e., the husband _ becomes an apostate (leaves
Islam), he should still spend on her (maintenance) _ i.e., the
wife _ during her `iddah, because she is not finally
divorced until the `iddah is over."
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10552: Spending on relatives
Question:
When is it obligatory for a person to spend on his parents?
Answer:
Praise be to Allaah.
The basic principle in spending on relatives such
as parents and children is to be found in the Qur'aan,
Sunnah and scholarly consensus.
With regard to the Qur'aan, it is the aayat
(interpretation of the meanings):
"but the father of the child shall bear the cost of
the mother's food and clothing on a reasonable basis"
[al-Baqarah 2:233]
"And your Lord has decreed that you worship none
but Him. And that you be dutiful to your parents"
[al-Isra' 17:23]
Duty towards parents includes spending on them according to necessity.
With regard to ijmaa' (scholarly consensus), Ibn
al-Mundhir said: "The scholars are agreed that spending
on poor parents who have no source of income and no
money is an obligation on the son's wealth."
The obligation of spending is conditional upon the
one who is spending being able to afford to do so, and
upon the one on whom money is spent being in difficulty
and being in need of that spending. This is according to
general consensus.
Al-Mawsoo'ah al-Fiqhiyyah, vol. 39, p. 22
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10038: He does not work and his wife is spending on him
_ is this considered to be a debt that he owes?
Question:
If the is not working and the wife works and uses
her money to pay the rent,buys food, and pay's all the
other bills in the house does the husband owe the wive
the money she spent if it was not agreed that it was sadaqah?
Answer:
Praise be to Allaah.
We put this question to Shaykh `Abd-Allaah ibn
Jibreen, may Allaah preserve him, who answered as follows:
If there was no prior agreement, this is considered to be
a gift and a donation, so she does not have the right to
ask for it back at the time when she spent this money of
her own accord. But if there was a prior condition that
the money should be repaid, then Muslims are bound by
their conditions and she has the right to ask, when the
husband can afford it, for all that she has spent on his house
and children.
And Allaah knows best.
Shaykh `Abd-Allaah ibn Jibreen (www.islam-qa.com)
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5500: What should he do when his kaafir father asks
him for money?
Question:
I asked a question earlier (I converted to Islam
recently); however, I got to thinking about the financial
relationship with my father and I. Should I still give my wealth to
him if he asks?
Answer:
Praise be to Allaah.
We put the following question to Shaykh Muhammad
ibn Saalih al-`Uthaymeen:
I became Muslim recently and I am wondering about
the financial relationship between me and my father. Do
I have to give him money because of the hadeeth,
"You and your wealth belong to your father"?
He (may Allaah preserve him) replied as follows:
Does he mean spending on him or what?
- He says that he asks him for different things, it is
not just the matter of spending on him, it is more than that.
Answer: he is not obliged to do more than spend on
him (i.e., cover his living expenses); as for charity, that is
not a problem (i.e., if he wants to give him more as an act
of charity, that is fine).
And Allaah knows best. Shaykh Muhammad ibn
Saalih al-`Uthaymeen (www.islam-qa.com)
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4838: He is in need and his brother is a music-writer
Question:
My brother works as a music-writer, putting music
to songs, and he has no other source of income. I
cannot work, and my father is dead. Is it permissible for me
to eat from his wealth (be supported by him)?
Answer:
Praise be to Allaah.
We put this question to Shaykh Muhammad ibn
Saalih al-`Uthaymeen, may Allaah preserve him, and
he answered as follows:
Yes, it is permissible for you to eat from his wealth,
so long as you are in need, and it is his duty to spend on you.
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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3463: Do both fathers and sons have to finance
one another's Hajj?
Question:
Does the father have to pay for his son's obligatory
Hajj if the son is poor, and does the son have to pay for
his father's obligatory Hajj if the father is poor?
Answer:
Praise be to Allaah.
This question was put to Shaykh Muhammad ibn
Saalih al-`Uthaymeen, may Allaah preserve him, and
he answered as follows:
That is not obligatory, because acts of worship
are conditional upon a person's ability to do them. That
ability cannot come from someone else. So neither party has
to do this for the other. But if the father asks his son who
is able to finance his Hajj to do so, the son's responding
to that request will be part of the honouring of one's
parents that is enjoined upon children, so it is obligatory in
that sense. And Allaah knows best.
Shaykh Muhammad ibn Saalih al-`Uthaymeen (www.islam-qa.com)
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10608: To whom should he give preference, his mother
or his wife?
Question:
A man has a wife and a mother. Should he give
preference to his wife over his mother in spending, other
necessities and clothing, and is there any sin involved if he does that?
Answer:
Praise be to Allaah.
There is no sin involved in that, if his mother is one
of those whom he is obliged to support and he meets
her needs. But it is better for him to make his mother
happy and to give her preference. If he has to give preference
to his wife, he should hide that from his mother. And
Allaah knows best.
Fataawa al-Imaam al-Nawawi, p. 212
(www.islam-qa.com)
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5591: Her husband wants her to work outside the home
Question:
I was married 8 months ago to my husband. I respect
him and love him dearly. I have never disobeyed him.
Before we got married he gave me the option that I could go
out to work if I wanted to. Now we are married he thinks
that I should be earning money. I do not want to and we
do not need the money as he is earning enogh for us. I do
not believe that money is the answer to everything.
Please help me. How should I deal with the situation? Must
I obey him and go out to work? We live in the
Western world and my job would involve contact with the public.
Answer:
Praise be to Allaah.
We put the following question to Shaykh Muhammad
ibn Saalih al-`Uthaymeen:
If a woman's husband tells her to get a job outside
the home so that she can earn money, does she have to
obey him?
He (may Allaah preserve him) answered as follows:
She does not have to, because he is obliged to spend
on her, and she is not obliged to spend on herself.
How, then, if this work involves something
haraam, namely mixing with men? She should not obey him
with regard to this, because there is no obedience to any
created being if it involves disobedience towards the
Creator. Remind him that he is the man and is your protector
and maintainer (qawwaam) because he spends on you
from his means. It is not right for him to let greed for
worldly things and the desire for more money make him ask
his wife to do work which she is not obliged to do
according to sharee'ah, or to expose her to fitnah (temptation)
for the sake of the transient conveniences of this world.
We ask Allaah to guide him. May Allaah bless our
Prophet Muhammad.
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6026: Spending on one's relatives
Question:
my father earns about 10 thousand riyals per
month.we spend the least possible amount of money on our
selves as my mom is trying to save money because one of
my sisters has still to get married and me and my brother
are still under education.my father's mother is a
widow.she is living with one of her sons in her husband's house
along with her three daughters(two unmarried and
one widow).she is living a good standard of living (the
same as we r enjoying over here).my father gives them
some monthly allowance. my father's farm is under their
(my uncle's) supervision and they get all the money from
it.i want to know how much my father is supposed to
give them monthly provided that they live very nicely and
all his sisters and his mother have considerable amount
of gold and separate land properties.
Answer:
Praise be to Allaah.
Spending on one's relatives may be divided into
two Islam & Muslims:
The first category is that which is called `umooday
al-nasab (lit. the two pillars of lineage)' i.e. the direct
line of ascent and descent, not matter how far they reach.
[This means parents, grandparents, great-grandparents etc,
in the line of ascent, and children, grandchildren,
great-grandchildren, etc., in the line of descent -
Translator]. Spending on them is obligatory when the following
two conditions apply:
That the one on whom money is spent is poor and
does not have anything or does not have enough, and is
not able to earn a living.
That the one who is spending money can afford it
and has enough, more than what he and his spouse need
for their own sustenance.
There is also a third condition: that both parties
should share the same religion (i.e., they should both be
Muslims, for example).
The second category is all other relatives apart from
those in the direct line of ascent or descent. In cases
where spending on them is obligatory, in addition to the
two conditions mentioned above, there is a third
condition: which is that the one who spends money should be a
legal heir (according to sharee'ah) of the person on whom
he is spending, i.e. he can inherit from him. On this basis,
if your father and paternal uncles are able to spend, then
it is their duty to spend on your grandmother and
paternal aunts.
But do not forget the matter of kind treatment, for
charity given to relatives is both charity and an upholding
of kinship ties, and so it will bring two rewards. Do not
forget what Allaah says (interpretation of the meaning):
"… and whatsoever you spend of anything (in
Allaah's cause) He will replace it. And He is the Best of providers."
[Saba' 34:39]
Spending on one's relatives, especially one's mother,
is one of the greatest means by virtue of which Allaah
will send more provision and blessings, alongside the
great reward which is with Allaah, may He be glorified
and exalted.
So you should be happy that your father is spending
on his mother and sisters, and you should encourage him
to do that and compete with your uncles in doing this
good deed.
As for the amount of money to be spent, this is
determined by the ability of the person who is spending and the
needs of the people on whom he is spending. Allaah
says (interpretation of the meaning):
"They ask you (O Muhammad) what they should
spend. Say: whatever you spend of good must be for parents
and kindred and orphans and al-masaakeen (the poor)
and wayfarers, and whatever you do of good deeds,
truly, Allaah knows it well." [al-Baqarah 2:215]
And Allaah knows best.
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4282: The son has a family and his father is exhausting
him with his financial demands
Question:
My father continually asks me for money and is exhausting me with his many demands. I have a
family and commitments of my own. To what extent am I
obliged to give him, and what is the meaning of the hadeeth,
"You and your wealth belong to your father"?
Answer:
Praise be to Allaah.
The hadeeth "You and your wealth belong to your
father" was reported by Ibn Maajah (may Allah have mercy
on him) in his Sunan from Jaabir ibn `Abd-Allaah, who
said that a man said, "O Messenger of Allaah, I have
wealth and children, and my father wants to take all my
wealth [to spend it on his own needs] and leave nothing."
The Prophet (peace and blessings of Allaah be upon him)
said: "You and your wealth belong to your father."
(In al-Zawaa'id it says: its isnaad is saheeh and its men
are thiqaat according to the conditions of al-Bukhaari).
Imaam `Abd al-Razzaaq (may Allaah have mercy on
him) said in al-Musannaf:
`Concerning a man who takes his son's wealth
From `Aa'ishah who said: "The Messenger of
Allaah (peace and blessings of Allaah be upon him) said:
`The best of what a man consumes is what he earns, and
his children are part of his earnings.'"
From Muhammad ibn al-Munkadir: a man referred
his dispute with his father over his earnings to the
Prophet (peace and blessings of Allaah be upon him). The
Prophet (peace and blessings of Allaah be upon him) said:
"You and your wealth belong to your father."
From `Aa'ishah who said: "A man can consume
whatever he wishes of his son's wealth, but a son cannot
consume anything of his father's wealth without his permission."
From Sa'eed ibn al-Musayyib, who said: "A man can
take whatever he wants from his son's wealth, but a son
should not take anything from his father's wealth except
with his consent."
From Ibn Jurayj, who said: " `Ataa' did not see
anything wrong with a man taking whatever he wanted of his
son's wealth, even if it was not a case of necessity."'
Then he said (may Allaah have mercy on him):
`Those who say: a man should not take anything of
his son's wealth except with his permission.
From Ibn Seereen, who said: "A son should honour
his father, but each man has more right to that which
he himself owns."
Saalim reported that Hamzah ibn `Abd-Allaah ibn
`Umar sacrificed a camel, then a beggar came to Ibn `Umar
[i.e., `Abd-Allaah, the father of the one who offered
the sacrifice]. `Abd-Allaah said, "It's not mine [i.e., the
meat of the sacrifice isn't mine to give away]." Hamzah
said: "O my father, you have my permission, so give
away whatever you want of it."
Ibn Qudaamah (may Allaah have mercy on him) said
in his book al-Mughni, commenting on this matter:
"Any father has the right to take whatever he wants of
his son's wealth and to take possession of it, whether
the father needs it or not, and whether the son is an adult or
a child, provided two conditions are met. The first is
that this should not be unfair to the son or cause him any
harm, and that the father should not take anything that the
son needs. The second is that he should not take from
the wealth of one child to give it to another child. This
is what was stated by Ahmad… This is because it
is prohibited for a father to show favouritism in giving
to one child from his own wealth, so the prohibition
should apply even more to the case of a father taking from
one child to give to another. "
Abu Haneefah, Maalik and al-Shaafa'i said:
He does not have the right to take any more from
his son's wealth than what he needs, because the
Prophet (peace and blessings of Allaah be upon him) said:
"Your blood and your wealth are as sacred to you as this day
of yours in this month of yours." (Agreed
upon). It was reported that the Prophet (peace and blessings of
Allaah be upon him) said: "It is not permissible to take the
wealth of a Muslim except with his consent." (Reported by
al-Daaraqutni). The son has full ownership of his
wealth, and it should not be taken away from him, as the case
if he needs it . Our evidence for this is the report of
`Aa'ishah (may Allaah be pleased with her) who said:
"The Messenger of Allaah (peace and blessings of Allaah
be upon him) said: `The best of what you consume is
what you earn, and your children are part of what you
earn.'" (Reported by Sa'eed and al-Tirmidhi, who said: a
hasan hadeeth). `Amr ibn Shu'ayb reported, from his father,
from his grandfather, who said: "A man came to the
Prophet (peace and blessings of Allaah be upon him) and
said, `My father needed all my wealth.' He said, `You and
your wealth belong to your father.'" A longer version
was reported by al-Tabaraani in al-Mu'jam, and by
others, which adds: "Your children are among the best of
your earnings, so consume whatever they have of
wealth." Muhammad ibn al-Munkadir and al-Mutlib ibn
Hantab reported: "A man came to the Messenger of Allaah
(peace and blessings of Allaah be upon him) and said: `I
have wealth and children, and my father has wealth
and children, but my father wants to take my wealth.'
The Prophet (peace and blessings of Allaah be upon him)
said: `You and your wealth belong to your father.'"
(Reported by Sa'eed in his Sunan). Also, Allaah has described
the child as a gift to his father, as He says (interpretation
of the meanings):
"And We bestowed upon him Ishaaq, and (a
grandson) Ya'qoob…"
[al-Anbiya' 21:72]
"… and We bestowed upon him Yahyaa…"
[al-Anbiya' 21:90]
"[Zakariya said:] `…So give me from Yourself an heir.'"
[Maryam 19:5]
"[Ibraaheem said]: `All praises and thanks be to
Allaah, Who has given me in old age Ismaa'eel and Ishaaq…'"
[Ibraaheem 14:39]
Whoever is given to a person as a gift, he is allowed
to take his wealth, just as he has the right to take the
wealth of his slave.
(al-Mughni, part 5).
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 (peace and blessings
of Allaah be upon him): "You and your wealth belong
to your father" (reported by the five and classed as
saheeh 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-Nisaa'i and Ibn Maajah
from `Aa'ishah). 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 Allaah
have mercy on them) have said, and this is our fatwa.
Islam Q&A Sheikh Muhammed Salih
Al-Munajjid (www.islam-qa.com)
Our Price: $13.50 Pages: 300 Downloadable
1836: Wife and children eating from the husband's
haraam earnings
Question:
In many Muslim families, the men work in selling
wine and pork and the like, and their wives and children
hate this, while knowing that they are living off their
menfolk's money. Are they to blame at all in this case?
Answer:
Praise be to Allaah.
Allaah says (interpretation of the meanings):
"So keep your duty to Allaah and fear Him as much
as you can…"
[al-Taghaabun 64:16]
"Allaah burdens not a person beyond his scope…"
[al-Baqarah 2:286]
Wives and children who are not able to earn their
own halaal income are permitted to take what they need
from the husband's earnings from unlawful sources, such
as selling wine and pork etc., after they have tried to
convince him to find a halaal income and look for other work.
They can take what is their right from the father, and this
should be enough just to cover their needs, without
being extravagant. And Allaah knows best.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
Our Price: $13.50 Pages: 300 Downloadable
215: A minor whose parents' income is haraam
Question:
If you are a minor and your parents earn income that
might be haram for example they service businesses among
them are bars, and deal with interest like when paying
deposits on a apartments they rent out. My question is that there
is I think (several hadith) where it says that Allah does
not accept du'as and prayers of those who get there
sustenance through haram means. If a little of the sustenance
(money) is from haram means, and you are a minor in this
case does hadith count in your case?
Answer:
Expenditure is obligatory upon a father to his
son/daughter according to the Islamic law and shari'ah, as regards
his/her housing, clothing, food, drink and the like.
However, the concept is not tied to being a "minor" in the sense
of Western laws. The requirement according to
Islamic shari'ah are:
· that the person spent upon is poor or does not
own anything, or does not own or possess what is enough
for his requirements and is unable to gain their own
income.
· that the one spending has enough wealth to spend
on himself and his wife.
· that the one spending and the one spent upon are of
the same religion.
When the son/daughter is in need for expenses, then
he/she is allowed to take from his/her father's earning
even though it is haraam (forbidden). In such a case
his/her du'aa' to Allaah won't be affected, since being a
minor, he/she has neither might nor power. But while doing
so, he/she should abide by the following observations:
Not to expand and widen the scope of taking or
accepting from his/her father's illegitimate
earnings.
He/she should try if he/she is able to earn a halaal
income to become independent and self-sufficient and no
longer in need of the father's support.
To try as hard as possible all ways to admonish and
advise he/her parents in the hope that Allah Almighty may
guide them towards repentance from haraam earnings.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Our Price: $13.50 Pages: 300 Downloadable
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