| Posted By |
Topic: Father owning the property of the child
|
|
 abu.talhah.a
|
|
Member
Posts: 136
Joined: Nov 2002
|
Regarding the hadeeth:
Amr bin Shu'ayb on his father's authority, said that his grandfather narrated, that a man came to the Prophet and said: 'Apostle of Allaah. I have property and children, and my father finishes my property.' He replied, 'You and your property belong to your father; your children come from the best of what you earn; so enjoy from the earnings of your children.'
[Sunan Abee Daawood #2950, #3015]
Does this refer to the son only or the daughter also?
i.e. Is it that the son and his property (of the son) belongs to the father. Also is it the case that the daughter and her property (of the daughter ) belongs to the father?
If the brothers could please clarify this with the relevant daleel.
Jazakallaahu khair.
Aslam
This message was edited by abu.talhah.a on 6-24-03 @ 6:13 PM
|
|
| abu.talhah.a
|
|
Member
Posts: 136
Joined: Nov 2002
|
Just a reminder.
Jazakallaahu khair.
Aslam
|
|
| Moosaa
|
|
Member
Posts: 1280
Joined: Sep 2002
|
Based on the general principle that rulings apply to both males and females unless there is evidence to oppose that, then yes, the daughter is included, just as the mother also has a right to take from her children's property. This was 'Aa'ishah's understanding when she was asked by a woman about taking money from her (adopted) son's money to eat from. She replied by narrating this very hadeeth. [Saheeh Sun Abee Daawood #3528]
Faa'idah: The general principle of equality between the sexes in fiqh rulings comes from a hadeeth in Bukhaaree, Umm Sulaym came to the Prophet (sallallaahu 'alayhe wa sallam) and asked about women having wet dreams and do they have to take a bath of that happens. The Prophet (sallallaahu 'alayhe wa sallam) responded, "Yes, if she sees a discharge." In one narration in At-Tirmithee and Aboo Daawood, "For verily woman are the siblings of men." Meaning that all rulings that apply to men also apply to women, like the obligation to take a bath after ejaculation in this case.
Faa'idah: 'Aa'ishah the faqeehah, gave her fatwaa by narrating the hadeeth of the Messenger and not adding anything else (according to this narration).
Faa'idah: Since she understood that the mother has a right on the child's property based on this very hadeeth, while it only linguistically mentions the father, then it should be even clearer that a man has a right to his daughter's property. Especially since the reason has been given that the child is produced from a man's earnings, so then the usually the mother spends far less to raise a child than the father (in terms of money), so then the father of a daughter would have more right to take from her money than the mother of a boy based on this line of thinking.
Faa'idah: When the words "waalid" and "walad" and "awlaad" are used, it often refers to parents and children in general; while words like "ghulaam" refer specifically to males. Refer to the hadeeth of the urine of the ghulaam who has not eaten solid foods, or the baab in Al-Bukhaaree:
باب إمامة العبد والمولى وكانت عائشة يؤمها عبدها ذكوان من المصحف وولد البغي والأعرابي والغلام الذي لم يحتلم لقول النبي صلى الله عليه وسلم يؤمهم أقرؤهم لكتاب الله *
or the hadeeth:
الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ
"The walad is the property of the bed, and the fornicator gets the stone (ie. nothing)"
or the aayah:
وَبِالْوَالِدَيْنِ إِحْسَانًا
"And goodness to the two waalids"
or:
إِنَّ الَّذِينَ كَفَرُوا لَنْ تُغْنِيَ عَنْهُمْ أَمْوَالُهُمْ وَلَا أَوْلَادُهُمْ مِنَ اللَّهِ شَيْئًا
"Verily those who disbelieve, neither their money nor 'awlaad' will avail them anything with Allaah"
or:
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ
"Allaah admonishes you regarding your 'awlaad', the male gets what two females get"
or especially:
وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ
"and do not kill your 'awlaad' in fear of poverty"
since it was the daughters specifically they used to bury!
Faa'idah: His statement (sallallaahu 'alayhe wa sallam), "So eat from the earnings of your children" is an example of an order that denotes permissibility, not an obligation, based on the context of the hadeeth.
And Allaah knows best.
Moosaa Richardson
********************
سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك
|
|
| abu.talhah.a
|
|
Member
Posts: 136
Joined: Nov 2002
|
Baarakallaahu feek, Akh Moosaa.
|
|
|
24-06-2003 @ 7:15 AM
26-06-2003 @ 1:05 AM