Maintenance of the Needy Brother
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Fatwa No. ( 455 )
Praise be to Allah alone. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed the letter from His Excellency the Head of the Private Office of His Majesty (may Allah preserve him), number (1489/93 AH), dated 19/3/1393 AH, forwarded from the General Secretariat of the Council of Senior Scholars, with an explanation by His Eminence the Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance. The letter states that a woman submitted a petition to His Majesty in which she mentioned that her husband had passed away, leaving behind six sons
who are minors, and that they have two brothers from their father who are employed. She requested that they be tasked with providing for their brothers, and His Excellency seeks to be informed whether a brother is obligated by Islamic law to provide for his brothers , in order to present this to His Majesty's attention?
Upon studying the matter, the Permanent Committee for Ifta responded as follows: The school of thought holds that a person is obligated to provide for every relative of his; this is subject to three conditions: The first is that the relative be poor, having no wealth or earnings by which he can suffice himself without the spending of others. The second is that the amount spent by the provider be in excess of his own maintenance and the maintenance of those who have a stronger right to be provided for than the person being supported, such as his wife, his father, and his children; based on the saying of the Prophet (peace and blessings be upon him), as narrated by Jabir ibn 'Abd Allah :As-Sunan al-Kubra lil-Nasa'i 27:126 .
The third: that the person providing maintenance be an actual heir; as He the Exalted said:[Al-Baqarah 2:233], and that is because there is kinship between the heirs that makes the heir more entitled to the deceased's wealth than other people, so it is established that the obligation of maintenance is specific to him and not to others. The fact that the person receiving maintenance is not an heir of the one providing it does not affect the obligation of maintenance. This is the view ofal-Hasanand Mujahidand al-Nakha'iand Qatadahand al-Hasan ibn Salihand Ibn Abi Laylaand Abu ThawrIf the poor person has more than one heir who is able to provide for him, his maintenance is upon his heirs in proportion to their inheritance shares, unless one of the heirs is a father. If there is a father among them, the maintenance is obligatory upon him alone, by the saying of the Exalted:[Al-Baqarah 2:233] and His saying (peace and blessings be upon him)to Hind, the wife of Abu Sufyan : Sunan Ibn Majah 2293Sahih (Darussalam) And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Praise be to Allah alone. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed the letter from His Excellency the Head of the Private Office of His Majesty (may Allah preserve him), number (1489/93 AH), dated 19/3/1393 AH, forwarded from the General Secretariat of the Council of Senior Scholars, with an explanation by His Eminence the Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance. The letter states that a woman submitted a petition to His Majesty in which she mentioned that her husband had passed away, leaving behind six sons
who are minors, and that they have two brothers from their father who are employed. She requested that they be tasked with providing for their brothers, and His Excellency seeks to be informed whether a brother is obligated by Islamic law to provide for his brothers , in order to present this to His Majesty's attention?
Upon studying the matter, the Permanent Committee for Ifta responded as follows: The school of thought holds that a person is obligated to provide for every relative of his; this is subject to three conditions: The first is that the relative be poor, having no wealth or earnings by which he can suffice himself without the spending of others. The second is that the amount spent by the provider be in excess of his own maintenance and the maintenance of those who have a stronger right to be provided for than the person being supported, such as his wife, his father, and his children; based on the saying of the Prophet (peace and blessings be upon him), as narrated by Jabir ibn 'Abd Allah :
And upon the one for whom the child is born is their provision.
إذا كان أحدكم فقيرًا فليبدأ بنفسه فإن كان فضل فعلى عياله فإن كان فضل فعلى قرابتهThe third: that the person providing maintenance be an actual heir; as He the Exalted said:
And upon the [father's] heir is [a duty] like that [of the father].
وَعَلَى الْوَارِثِ مِثْلُ ذَلِكَUpon the father is the mothers' provision
وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّTake what is sufficient for you and your child, on a reasonable basis.
خذي ما يكفيك وولدك بالمعروف
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.