A woman whose father is very generous, and who sometimes takes from his money without his knowledge or his asking her about it; is she sinful for doing so, given that he has children?
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The questioner : She says that she is her father's only daughter. She says that her father, praise be to Allah, is very generous, and at times she takes from his money without his knowledge, and he does not ask her about it. Is she sinful for doing so, even though he has children from a second wife who is divorced, and the children live with their mother in her house?
The Shaykh : It is not permissible for anyone to take anything from anyone except by right. If this girl takes money from her father's pocket for her need, and her father does not give it to her when she asks him, then there is no blame on her for this. This is because Hind bint 'Utbah asked the Prophet (peace and blessings be upon him)—or rather, she complained to the Prophet (peace and blessings be upon him)—that her husband did not give her what was sufficient for her and her child. He said: However, if the father of this asking woman does not prevent her from asking him for what she needs, then it is not permissible for her to take anything from his pocket without his knowledge. Furthermore, if she does not need anything, it is not permissible for her to take anything from her father's pocket, even if he knows about it, unless he gives his other children what they are entitled to in return for this gift. This is because the father and mother must be just with their children and not give to one without the other. If a father has children, he must not single out one of them with something beyond the need for maintenance, to the exclusion of the others. This is based on the hadith of al-Nu'man ibn Bashir ibn Sa'd (may Allah be pleased with them both), that his father gave him a gift, and he asked the Prophet (peace and blessings be upon him) about it, or his mother asked the Prophet (peace and blessings be upon him) about it. He said, may the prayers and peace be upon him: Sahih al-Bukhari 2587 Justice among children is determined by what Allah has decreed in inheritance: [An-Nisa 4:11] If he gives a male child a thousand, he gives the female child five hundred. If he gives him five hundred, he gives the female child two hundred and fifty. This is justice. It is not permissible to prefer one over another except in the manner prescribed by the Shari'ah, as I mentioned earlier, which is that the male has the share of two females.
As for maintenance, he gives each person what they need, even if he does not give the other the same amount, if the other does not need it. If we assume that one child needs books, notebooks, and pens, and the other child does not need them, then if he gives the first child what he needs, he is not obligated to give the other child the equivalent. If one child needs to get married and he marries him, he is not obligated to give the others what he gave him as a bridal gift, because this falls under the category of meeting a need. However, if the others reach the age of marriage, he should marry them as he married the first one. Here is a matter that requires attention: one of the sons may need a car.
The questioner : Yes.
The Shaykh : for school or for other matters related to his interests, while the others do not need it. Should he buy him a car and give it to him, writing it in his name, or should he buy a car in the father's name and give the son this car to use for his needs? The answer is the second option: the second is obligatory, meaning he should buy the car in his own name, i.e., in the father's name, and give it to the son to meet his needs, and not write it in the son's name. This is because if the father dies, the car returns to him, i.e., to the father, and is divided in the estate. This is different from if he made it his property through a gift. Yes, if the son says, "I want it to be my property, not a loan in my possession," then in this case we say: it is written in the son's name for its value, and its value becomes a loan in the son's debt, if he desires that. It is not permissible for his father to favor him in this case by recording it against him for ten thousand when it is worth twelve thousand or more, for example. Rather, he should sell it to him or record it against him for what it would cost if someone other than the son bought it. Yes.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit the Muslims through you.
The Shaykh : It is not permissible for anyone to take anything from anyone except by right. If this girl takes money from her father's pocket for her need, and her father does not give it to her when she asks him, then there is no blame on her for this. This is because Hind bint 'Utbah asked the Prophet (peace and blessings be upon him)—or rather, she complained to the Prophet (peace and blessings be upon him)—that her husband did not give her what was sufficient for her and her child. He said:
Take from his wealth what is sufficient for you and your children.
خذي من ماله ما يكفيك ويكفي بنيكBe afraid of Allah, and be just to your children.
اتقوا الله، واعدلوا بين أولادكمfor the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينAs for maintenance, he gives each person what they need, even if he does not give the other the same amount, if the other does not need it. If we assume that one child needs books, notebooks, and pens, and the other child does not need them, then if he gives the first child what he needs, he is not obligated to give the other child the equivalent. If one child needs to get married and he marries him, he is not obligated to give the others what he gave him as a bridal gift, because this falls under the category of meeting a need. However, if the others reach the age of marriage, he should marry them as he married the first one. Here is a matter that requires attention: one of the sons may need a car.
The questioner : Yes.
The Shaykh : for school or for other matters related to his interests, while the others do not need it. Should he buy him a car and give it to him, writing it in his name, or should he buy a car in the father's name and give the son this car to use for his needs? The answer is the second option: the second is obligatory, meaning he should buy the car in his own name, i.e., in the father's name, and give it to the son to meet his needs, and not write it in the son's name. This is because if the father dies, the car returns to him, i.e., to the father, and is divided in the estate. This is different from if he made it his property through a gift. Yes, if the son says, "I want it to be my property, not a loan in my possession," then in this case we say: it is written in the son's name for its value, and its value becomes a loan in the son's debt, if he desires that. It is not permissible for his father to favor him in this case by recording it against him for ten thousand when it is worth twelve thousand or more, for example. Rather, he should sell it to him or record it against him for what it would cost if someone other than the son bought it. Yes.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit the Muslims through you.
