A man who is unable to slaughter the 'Id sacrifice and has a wealthy son: is he entitled to demand the price from him to buy it?
Machine translationRead the Arabic original
The questioner : A father has a wealthy, married son?
The Shaykh: Yes.
The questioner : A father has a wealthy, married son, and the father is unable to perform the 'Id sacrifice. Is it obligatory for the father to ask his son for money to perform the sacrifice, based on the saying "You and your wealth belong to your father," or does this hadith not apply to this matter?
The Shaykh : Naturally, I assume the question implies, though it is not explicit, that the married son lives in a separate house from his father's house?
The questioner: Yes.
The Shaykh : In that case, I would not say he asks, but rather I say he takes.
The questioner : Even if he is living separately?
The Shaykh: Yes.
The questioner : I mentioned, Shaykh, the separation of residence; does this relate to the request if he is living separately?
The Shaykh : Yes, because the difference is... but I want to distinguish between "asking" and "taking."
The questioner : Yes.
The Shaykh : Because separation is necessary in such a case. If they were living in one house and the son performed the sacrifice, that sacrifice would suffice for the family and the entire house. But if the father and the son each live in a separate house, then each of them is required to perform a sacrifice. Since that is the case, I said I do not say he asks, but he takes. And now I think you know the difference between asking and taking; it is clear.
The questioner : Yes, meaning it is obligatory, O Shaykh.
The Shaykh: How.
The questioner : Meaning it becomes obligatory upon the son.
The Shaykh : Yes, this is as Imam al-Shafi'i (may Allah have mercy on him) said. How precise his jurisprudence was when he came to the hadith of the woman from al-Khath'am who asked the Messenger (peace and blessings be upon him) about her father. She said: Imam al-Shafi'i (may Allah have mercy on him) said: "Be well-versed in the jurisprudence of this hadith. The Prophet (peace and blessings be upon him) made it obligatory for the son to perform Hajj on behalf of his father who is unable to do so, considering the son's ability as an extension of the father's ability. This applies exactly here."
Another questioner : Some jurists said "You and your wealth belong to your father" and restricted it to financial maintenance. Is there evidence for this?
The Shaykh : No, it is not restricted to need.
Another questioner : To need.
The Shaykh : It is broader than financial maintenance, meaning.
Another questioner : Broader than financial maintenance.
The Shaykh: Yes.
The questioner : A father has a wealthy, married son, and the father is unable to perform the 'Id sacrifice. Is it obligatory for the father to ask his son for money to perform the sacrifice, based on the saying "You and your wealth belong to your father," or does this hadith not apply to this matter?
The Shaykh : Naturally, I assume the question implies, though it is not explicit, that the married son lives in a separate house from his father's house?
The questioner: Yes.
The Shaykh : In that case, I would not say he asks, but rather I say he takes.
The questioner : Even if he is living separately?
The Shaykh: Yes.
The questioner : I mentioned, Shaykh, the separation of residence; does this relate to the request if he is living separately?
The Shaykh : Yes, because the difference is... but I want to distinguish between "asking" and "taking."
The questioner : Yes.
The Shaykh : Because separation is necessary in such a case. If they were living in one house and the son performed the sacrifice, that sacrifice would suffice for the family and the entire house. But if the father and the son each live in a separate house, then each of them is required to perform a sacrifice. Since that is the case, I said I do not say he asks, but he takes. And now I think you know the difference between asking and taking; it is clear.
The questioner : Yes, meaning it is obligatory, O Shaykh.
The Shaykh: How.
The questioner : Meaning it becomes obligatory upon the son.
The Shaykh : Yes, this is as Imam al-Shafi'i (may Allah have mercy on him) said. How precise his jurisprudence was when he came to the hadith of the woman from al-Khath'am who asked the Messenger (peace and blessings be upon him) about her father. She said:
My father is an old man who cannot stay on a mount, and the obligation of Allah, Hajj, has come upon him. Should I perform Hajj on his behalf? He said: Perform Hajj on his behalf. Do you think that if your father had a debt, you would pay it off for him? She said: Yes. He said: The debt of Allah is more deserving of being paid off.
إن أبي شيخ كبير لا يثبت على الرحل و قد أدركته فريضة الله الحج أفأحج عنه قال حج عنه أرأيت إن كان على أبيك دين أفكنت تقضينه عنه قالت بلى قال فدين الله أحق أن يقضىAnother questioner : Some jurists said "You and your wealth belong to your father" and restricted it to financial maintenance. Is there evidence for this?
The Shaykh : No, it is not restricted to need.
Another questioner : To need.
The Shaykh : It is broader than financial maintenance, meaning.
Another questioner : Broader than financial maintenance.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.