Spending on a child’s studies abroad
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Fatwa number ( 17813 )
Q: I would like to inform you that I am a married man with three sons and one daughter. I have spent approximately half a million riyals on the expenses for my only daughter’s wedding, including the clothing, jewelry, and other necessities she required. Additionally, my eldest son is studying at my own expense at one of the universities in the United States of America, which costs me an annual amount of (150,000) one hundred and fifty thousand Saudi riyals. I would like to seek your ruling: Is the money I spent on my daughter’s marriage, and what I spend on my eldest son to complete his studies in America , considered part of the usual maintenance that a father bears, or is it considered a gift or donation in which the father must be equal among all his children, such that I am required to set aside a similar portion of my wealth for my other children, for whom I have not spent what I spent on their sister’s marriage and their elder brother’s studies? And if the aforementioned is considered a gift or donation, is equality obligatory between males and females in that, or should the male receive the share of two females, in accordance with the legal principle in inheritance?
A: First: It is obligatory for you to be just in your gifts to your children; because of the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1623e , so you must be just in what you gift and bestow upon them, and in what you assist them with, such as marriage and the like. However, if one of your children needs maintenance due to his poverty, unlike the others, then it is obligatory for you to maintain him, and it does not harm you in this to not give the wealthy one the same; because the door of maintenance is not the door of gifts. Second: As for spending on your child abroad, studying in the lands of disbelief is not permissible except out of necessity; because of the abundance of exposure to trials, tribulations, and evil that affect religion and character in going to their lands. But if your son is compelled to study abroad and it is most likely that he will hold firm to his religion and intellect in the face of these evils, then there is no harm in sending him and spending on him. Third: As for your spending half a million riyals on your daughter’s marriage, this is extravagance, which is prohibited, and you are to be feared of punishment for this, unless you repent to Allah the Exalted and abandon this extravagance. Indeed, wealth is the wealth of Allah the Exalted, and creation are vicegerents in it. This is indicated by His saying: [An-Nur 24:33] , and His saying: [Al-Hadid 57:7] ,
meaning: He made you vicegerents in its disposal, while observing the limits of the Shari'ah in that. The pure Shari'ah has regulated our actions regarding this wealth, prohibiting extravagance and waste. He said:[Al-Isra 17:26-29] , and He said: [Al-Furqan 25:67] , and the meaning is: they did not commit extravagance by exceeding the limit of generosity and spending in sins, nor did they be stingy by restricting spending with the restriction of the miser. And between that, meaning: between the aforementioned extravagance and stinginess, was a middle course, meaning: a balance and justice. Fourth: As for equalizing between males and females in gifts, the obligatory thing is to divide it according to the legal shares in inheritance, for that is the completion of justice, so you give the male the share of two females.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I would like to inform you that I am a married man with three sons and one daughter. I have spent approximately half a million riyals on the expenses for my only daughter’s wedding, including the clothing, jewelry, and other necessities she required. Additionally, my eldest son is studying at my own expense at one of the universities in the United States of America, which costs me an annual amount of (150,000) one hundred and fifty thousand Saudi riyals. I would like to seek your ruling: Is the money I spent on my daughter’s marriage, and what I spend on my eldest son to complete his studies in America , considered part of the usual maintenance that a father bears, or is it considered a gift or donation in which the father must be equal among all his children, such that I am required to set aside a similar portion of my wealth for my other children, for whom I have not spent what I spent on their sister’s marriage and their elder brother’s studies? And if the aforementioned is considered a gift or donation, is equality obligatory between males and females in that, or should the male receive the share of two females, in accordance with the legal principle in inheritance?
A: First: It is obligatory for you to be just in your gifts to your children; because of the saying of the Prophet (peace and blessings be upon him):
Fear Allah, and observe equity in case of your children.
اتقوا الله واعدلوا في أولادكمand give them from the wealth of Allah which He has given you
وَآتُوهُمْ مِنْ مَالِ اللَّهِ الَّذِي آتَاكُمْand spend out of that in which He has made you successors
وَأَنْفِقُوا مِمَّا جَعَلَكُمْ مُسْتَخْلَفِينَ فِيهِmeaning: He made you vicegerents in its disposal, while observing the limits of the Shari'ah in that. The pure Shari'ah has regulated our actions regarding this wealth, prohibiting extravagance and waste. He said:
(26) And give the relative his right, and [also] the poor and the traveler, and do not spend wastefully. (27) Indeed, the wasteful are brothers of the devils, and ever has Satan been to his Lord ungrateful. (28) And if you [must] turn away from the needy awaiting mercy from your Lord which you expect, then speak to them a gentle word. (29) And do not make your hand [as] chained to your neck or extend it completely and [thereby] become blamed and insolvent.
وَآتِ ذَا الْقُرْبَى حَقَّهُ وَالْمِسْكِينَ وَابْنَ السَّبِيلِ وَلاَ تُبَذِّرْ تَبْذِيرًا (26) إِنَّ الْمُبَذِّرِينَ كَانُوا إِخْوَانَ الشَّيَاطِينِ وَكَانَ الشَّيْطَانُ لِرَبِّهِ كَفُورًا (27) وَإِمَّا تُعْرِضَنَّ عَنْهُمُ ابْتِغَاءَ رَحْمَةٍ مِنْ رَبِّكَ تَرْجُوهَا فَقُلْ لَهُمْ قَوْلا مَيْسُورًا (28) وَلاَ تَجْعَلْ يَدَكَ مَغْلُولَةً إِلَى عُنُقِكَ وَلاَ تَبْسُطْهَا كُلَّ الْبَسْطِ فَتَقْعُدَ مَلُومًا مَحْسُورًاAnd [they are] those who, when they spend, do so not excessively or sparingly but are ever, between that, [justly] moderate
وَالَّذِينَ إِذَا أَنْفَقُوا لَمْ يُسْرِفُوا وَلَمْ يَقْتُرُوا وَكَانَ بَيْنَ ذَلِكَ قَوَامًاAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.