me a prize as a reward for my achievements. Myfather asked me to use
itto pay for my university fees, then he changed his mind and did not
mention the prize-money again as he had asked me to do. Then it became
clear to me that this prize-money is like the university returning to
us the money that we had paid in fees. I thought it was only honest to
tell my father, but when I told him he said that it is his money, but
I think that it is mine, because the university returned it because of
my doing well. There is also a contract between me and the university
to theeffect that this is in return for something: for every year that
they return the fees, I will work in the university orthe government,
in any job and in any location they choose. If I do not accept this,
then I have to return the money. So Ihave worked very hard to get this
prize, and I have made a commitment to the university in return for
the money. I do intend to give my father the money, but please note
that he is not in need, because he owns property worth one million
dinars, whereas Ihave no money apart from this prize, and I want to
complete my graduate studies that myfather said he will sponsor me for
until I complete them.
Praise be to Allaah.
If the matter is as you say, that your father promised to pay the
university fees, then he decided not to ask you to give him the prize
that will be given to you,then it became clear thatthe prize was no
more than returning the university fees, then this prize belongs to
you andwhat your father paid previously was a gift with no intention
of asking for it back. This is in addition to the fact that you state
that the prize is in return for future work.
But we should point out that the father has the right to take from the
wealth of his child – male or female – whatever he needs, without
harming the child, because of the hadeeth of Jaabir ibn 'Abdillah (may
Allah be pleased with him), according to which a man said: O Messenger
of Allah, I have wealth and a son, and my fatherwants to take all my
wealth. He said, "You and your wealth belong to your father."
Narratedby Ibn Maajah, 2291; Ibn Hibbaan in his Saheeh, 2/142, from
the hadeeth of Jaabir; Ahmad, 6902 from the hadeeth of 'Abdullah ibn
'Amr.
Ahmad narrated from 'Amr ibn Shu'ayb from his father that his
grandfather said: A Bedouin came to the Messenger of Allah (blessings
and peace of Allah be upon him) and said: My father wants to take all
of my wealth. He said: "You and your wealth belong to your father. The
best of what you consume is what you yourself have earned and the
wealth of your son is part of your earnings, so consume it joyfully."
It has several isnaads and corroborating evidence that makes it saheeh.
See: Fath al-Baari, 5/211;Nasab ar-Raayah, 3/337
But this is subject to conditions that were laid out by the scholars:
1. The father should not be unfair to the son or harm him, or take
anything that he needs.
2. He should not take from the wealth of one son and give it to another son.
3. The father should be in need of the wealth; it is not
permissible for him to take that which he does not need, according to
the majority of fuqaha', apart from the Hanbalis, because of the
report narrated by al-Haakim (2/284) and al-Bayhaqi (7/480) from
'Aa'ishah (may Allah be pleased with her), who said: The Messenger of
Allah (blessings and peace of Allah be upon him) said: "Your children
are a gift from Allah to you, 'He bestows female (offspring) upon whom
He wills, and bestows male (offspring) upon whom He wills' [ash-Shoora
42:49], so they and their wealth belong to you if you need it."
Classed as saheeh by Shaykh al-Albaani in as-Silsilah as-Saheehah,
2564
Ibn Qudaamah (may Allah have mercy on him) said: The father may take
from his son's wealth whatever he wants and it becomes his, whether
the father needs what he takes or not, and whether the child is a
minor or an adult, subject to two conditions:
1. That he is not unfairto his child and does not harm him, and he
does not take anything that his son needs
2. and that he does not take from the wealthof one son and give it
to another.
Abu Haneefah, Maalik and ash-Shaafa'i said: Hedoes not have the right
to take from the wealth of his son except as much as he needs, because
the Prophet (blessings and peace of Allah be upon him) said: "Your
blood and your wealth are sacred to oneanother, as sacred as thisday
of yours, in this month of yours." Agreed upon. And it was narrated
that the Prophet (blessings and peace of Allah be upon him) said: "It
is not permissible (to take) the wealth of a Muslim unless he gives it
willingly." Narrated by ad-Daaraqutni. And because the son has full
possession of his own property, so it is not permissible to take it
from him.
End quote from al-Mughni, 5/395
You stated that your father is not in need; based on that, it is not
permissible for him to take anything from your wealth except with your
consent.
We appreciate your intention to give the money to your father, because
this comes under the heading of honouring him and treating him kindly.
We ask Allah to compensate you with good.
And Allah knows best.
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