Objecting to One’s Father
Machine translationRead the Arabic original
Deceiving One’s Father for the Sake of Benefit
Question: My father was afflicted with an illness that requires surgery, but he does not wish to undergo it. I deceived him and performed the surgery on him without his knowledge and without his consent. Is this considered undutifulness toward my father, for which I am sinful? I know that my motive was my love for my father and my hope for his recovery from the illness he is suffering from. If, hypothetically, he were to die as a result of this surgery that I caused, would I be sinful for that or not?
Answer: Remember, O questioner, that your father was afflicted with an illness and needs surgery, but he does not wish to undergo it, and that you persisted with him, or deceived him, until it was performed. Is there any sin on you for that?
There is no blame on you for that, if Allah wills, because you want what is good for him, and you want what is beneficial for him, and you did not intend harm for him. So there is no blame on you for that. Rather, you are doing a good deed, and reward is hoped for you, if Allah wills. Even if he were to die as a result of this surgery, as long as it was a surgery conducted according to medical procedure, and there was no negligence in it, and the doctor is one of the experts, and the conditions were met, there is no blame on you for that.Because you are doing a good deed, and Allah the Exalted says: [Surah al-Tawbah: 91], and Allah the Exalted knows best.
[Objecting to One’s Father]
Question: My father sold the house we were living in and its orchard for a low price without informing me of this. I am by his side and in obedience to him, and I still am, praise be to Allah, for that. He has no other property left, and I am in need of both, and I am able to retrieve them from the buyer at the price agreed upon in the contract. But, unfortunately, my father did not accept that, and he has no legal argument except that he claims he raised me and taught me at his expense, and I have no other right against him despite my urgent need for this house. I ask you: Is this contract valid or invalid? Do I not have the right against the other party to buy back my house where I was born and raised? Do I have the right of pre-emption, knowing that more than ten months have now passed since the date of the sale? Does the duration have an effect on the permissibility of retrieving it or not? Please inform us, may Allah reward you.
Answer: What you mentioned, O questioner, of your dutifulness to your father and your presence with him and standing by his side, this is something obligatory upon you, and you should be grateful for it, and you have reward for it, if Allah wills, with your Lord.
As for what you mentioned about him selling his house and orchard for a small price, and not informing you of it, do you have the right to object and take pre-emption or not?
The answer to that is: As long as your father is sane in his actions and his mind, you have no right to object to him, and his sale is considered valid and binding. You have no right to object to him as long as he is not under guardianship due to foolishness or deficiency in action. You also do not have the right of pre-emption, because you are not a partner with him in this house, or in this orchard, and pre-emption is only established for a partner, and you are not
a partner with him in that, and you do not have the right of pre-emption, nor the right to object, as long as he possesses the mental attribute that permits him to act legally. If that is not the case,Meaning: and he is not sound in his actions from a mental perspective, then this is referred to the judge, who looks into the case, and he has the authority to invalidate the contract if it appears to him that the legal conditions were not met.
Question: Does this mean that the son’s right against his father for shelter and housing ends as soon as he reaches maturity, or as soon as he gets married?
Answer: The son’s right against his father ends as soon as he becomes independent of him. If he grows up and is able to earn for himself and become independent through his earnings, then his right against his father for financial maintenance ends. However, as long as he is a minor, or, for example, an adult but not independent and unable to earn, then the right of financial maintenance remains upon his father until he becomes independent by virtue of kinship.
Question: Regarding pre-emption in general, regardless of this case, does the length of the duration, or its absence, affect the right of pre-emption?
Answer: The length of the duration has an effect if the person with the right of pre-emption was aware of the sale and left it, and did not take pre-emption, and did not claim pre-emption. Then it is dropped by the passage of time if he was aware, and there was nothing preventing him from claiming pre-emption.
However, if the partner did not know, then he has the right of pre-emption, even if several years have passed.
Question: My father was afflicted with an illness that requires surgery, but he does not wish to undergo it. I deceived him and performed the surgery on him without his knowledge and without his consent. Is this considered undutifulness toward my father, for which I am sinful? I know that my motive was my love for my father and my hope for his recovery from the illness he is suffering from. If, hypothetically, he were to die as a result of this surgery that I caused, would I be sinful for that or not?
Answer: Remember, O questioner, that your father was afflicted with an illness and needs surgery, but he does not wish to undergo it, and that you persisted with him, or deceived him, until it was performed. Is there any sin on you for that?
There is no blame on you for that, if Allah wills, because you want what is good for him, and you want what is beneficial for him, and you did not intend harm for him. So there is no blame on you for that. Rather, you are doing a good deed, and reward is hoped for you, if Allah wills. Even if he were to die as a result of this surgery, as long as it was a surgery conducted according to medical procedure, and there was no negligence in it, and the doctor is one of the experts, and the conditions were met, there is no blame on you for that.Because you are doing a good deed, and Allah the Exalted says:
There is not upon the doers of good any cause [for blame]
مَا عَلَى الْمُحْسِنِينَ مِنْ سَبِيلٍ[Objecting to One’s Father]
Question: My father sold the house we were living in and its orchard for a low price without informing me of this. I am by his side and in obedience to him, and I still am, praise be to Allah, for that. He has no other property left, and I am in need of both, and I am able to retrieve them from the buyer at the price agreed upon in the contract. But, unfortunately, my father did not accept that, and he has no legal argument except that he claims he raised me and taught me at his expense, and I have no other right against him despite my urgent need for this house. I ask you: Is this contract valid or invalid? Do I not have the right against the other party to buy back my house where I was born and raised? Do I have the right of pre-emption, knowing that more than ten months have now passed since the date of the sale? Does the duration have an effect on the permissibility of retrieving it or not? Please inform us, may Allah reward you.
Answer: What you mentioned, O questioner, of your dutifulness to your father and your presence with him and standing by his side, this is something obligatory upon you, and you should be grateful for it, and you have reward for it, if Allah wills, with your Lord.
As for what you mentioned about him selling his house and orchard for a small price, and not informing you of it, do you have the right to object and take pre-emption or not?
The answer to that is: As long as your father is sane in his actions and his mind, you have no right to object to him, and his sale is considered valid and binding. You have no right to object to him as long as he is not under guardianship due to foolishness or deficiency in action. You also do not have the right of pre-emption, because you are not a partner with him in this house, or in this orchard, and pre-emption is only established for a partner, and you are not
a partner with him in that, and you do not have the right of pre-emption, nor the right to object, as long as he possesses the mental attribute that permits him to act legally. If that is not the case,Meaning: and he is not sound in his actions from a mental perspective, then this is referred to the judge, who looks into the case, and he has the authority to invalidate the contract if it appears to him that the legal conditions were not met.
Question: Does this mean that the son’s right against his father for shelter and housing ends as soon as he reaches maturity, or as soon as he gets married?
Answer: The son’s right against his father ends as soon as he becomes independent of him. If he grows up and is able to earn for himself and become independent through his earnings, then his right against his father for financial maintenance ends. However, as long as he is a minor, or, for example, an adult but not independent and unable to earn, then the right of financial maintenance remains upon his father until he becomes independent by virtue of kinship.
Question: Regarding pre-emption in general, regardless of this case, does the length of the duration, or its absence, affect the right of pre-emption?
Answer: The length of the duration has an effect if the person with the right of pre-emption was aware of the sale and left it, and did not take pre-emption, and did not claim pre-emption. Then it is dropped by the passage of time if he was aware, and there was nothing preventing him from claiming pre-emption.
However, if the partner did not know, then he has the right of pre-emption, even if several years have passed.