The meaning of hadeeth “you and your wealth are your father’s” Ibn Maajah collected in his sunan, that Jaabir bin Abdil-llaah- Allaah is pleased with him- narrated that a man said to the Messenger of Allaah صلى الله عليه وسلم : O Messenger of Allaah, I have offspring and wealth and my father wants to seize my wealth, and the Messenger صلى الله عليه وسلم said: “you and your wealth are [lawful] to your father”. There are many chains for this hadeeth which some of them are weak, but Ash-Shawkaanee said that the hadeeth can be cited as evidence based on the sum of chains, and Al-Albaanee graded this hadeeth authentic in Irwaa no 838. Ash-Shawkaanee rahimahul-llaah said: “with the sum of these chains, it is valid for citation, and it proves that the man has a share in his son’s wealth, so it is permissible for him to eat from it whether the son gave permission or he did not, and it is permissible for him to manage it like he manages his wealth, so long that it was not done in manner of extravagance and unwiseness”[1]. As for the laam in text, it is not the lam of possession; it is the laam of permissibility. For that, the wife and son of man have a share in the inheritance and if the wealth was solely for the father then they would not have a share in it. Ibn Abdil-Barr said: “his saying صلى الله عليه وسلم “you” does not mean possession, likewise his saying “and your wealth” does not mean possession, it rather means honoring”. [2]. Imaam Ibn Qayyem Al-Jawziyyah said: “the laam in the hadeeth does not mean possession definitely, and most of you say neither it means lawfulness, and whoever says: it means lawfulness is happier [perhaps more plausible] with the hadeeth, otherwise its benefit and meaning would become void”. [3] And Ash-Shawkaanee quoted the saying of Ibn Raslaan: the laam means lawfulness and not possession. [4] Shaykh Muhammad bin Saalih Al-‘Uthaimeen rahimahul-llaah was if the hadeeth above is weak, and he replied: “this hadeeth is not weak considering its supporting chains, and it means if man has a wealth then it is permissible for his father to take from this wealth whatever he likes but with conditions: 1-it should not harm the son; if his taking brings harm then it is impermissible for father, just like if he takes his blanket which covers him from cold or if he takes his food which removed his hunger. 2-The son should not be in need of it, for example if the son has a slave girl for his need, it is impermissible for the father to take her, likewise if the son has a car for going and coming and he does not have money to buy a replacement, it is impermissible for the father to take it at all times. 3-The father should not take the money from one of his sons to give it to another son, because this will sow hatred between the sons” [5]. And there is a fourth condition mentioned in another hadeeth, On the authority of ‘Aa’ishah- Allaah is pleased with her- the Messenger صلى الله عليه وسلم said: “verily, your offspring are a gift from Allaah to you {He bestows female (offspring) upon whom He wills, and bestows male (offspring) upon whom He wills} [6], so they and their wealth are yours if you need it”. This hadeeth is collected by Al-Haakim and Al-Albaanee graded it authentic in As-Saheehah no 2564. And Al-Albaanee commented on this hadeeth: “in this hadeeth there is an important fiqhee benefit which you may not find in other than it, and that is: it clarifies that the famous hadeeth “you and your wealth are your father’s” is not abstract whereas the father takes from his son’s wealth whatever he likes, rather he takes what he needs”. [7]. So, the conclusion is: The father has a right in some of his son’s wealth, and not all of it, and his right is due with the aforementioned conditions. And Allaah knows best. Footnotes: [1] Nailul-Awtaar 7/313, verification of Taariq bin ‘Awadhal-llaah. [2] Al-Istithkaar 24/142. [3] I’laamul-Muwaqqi’een 2/224, verification of Shaykh Mashoor Hassan. [4] Nailul-Awtaar 7/313. [5] Fataawaa Islaamiyyah 4/108-109. [6] Ash-Shuraa v 49 [7] As-Saheehah 6/137.
Posted on: Tue, 16 Dec 2014 07:25:47 +0000
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