The evidence from the Qur'an and Sunnah
First The Qur'an
Allah says
فَإِنْ أَرْضَعْنَ لَكُمْ فَآتُوهُنَّ أُجُورَهُنَّ[الطلاق:6]
فأوجب أجر رضاع الولد على أبيه، وقال سبحانه: وَعَلَى الْمَوْلُودِ لَهُ رزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ [البقرة:233].
If they breastfeed for you, give them their wages [Al-Talaq:6].
So the reward for breastfeeding a boy is obligatory on his father
Allah says
And the one who is born is responsible for their provision and clothing according to what is reasonable [Al-Baqara: 233].
From the Sunnah
The Prophet, may God’s prayers and peace be upon him, said to Hind bint Utbah: Take what suffices you and your child on a reasonable basis. Narrated by Al-Bukhari
Muslim, on the authority of Wahb, who said: A servant of Abdullah bin Amr said to him: I want to reside this month here in Jerusalem, He said to him: You left for your family what they need this month? He said: No. He said: Go back to your family and leave them what they need, for I heard the Messenger of God, may God’s prayers and peace be upon him, say: It is enough sin for a person to lose someone who provides food. Was written by Ahmad and Abu Da'oud.
These legal texts and others indicate that it is obligatory
For a man to spend on his family and take care of their interests, it is not permissible for the father to fall short in spending on the children or waste it, but rather he must do it in the most complete manner.
Al-Mardaawi said in the book Al-Insaf
A man must chastise those on whom he is obligated to spend, including fathers, grandfathers, and children, and their children and others, who are obligated to spend on them, and this is the correct view of the madhhab. End
It is not permissible for a Muslim to waste maintenance on his children on the pretext that he spends on his brother's children. He, may God bless him and grant him peace, said: And start with those you depend on. narrated by Muslim, Hadith of Abu Masoud Al-Ansari, may God be pleased with him
The Prophet, may God’s prayers and peace be upon him, said: If a Muslim spends money on his family while he is hoping for it, then it is charity for him. Narrated by Al-Bukhari.
On the authority of Ibn Omar said
God only called them righteous because they have honored parents and children, just as your father has a right over you, so your son has a right over you. See single literature: 94.
Aisha narrated that the Prophet, may God bless him and grant him peace, said
(The best thing a man eats is from his own earnings, and his children are from his earnings.) Narrated by Abu Dawood (3528) and classed as saheeh by al-Albani in Irwa’ al-Ghalil
The justice between children
Among the children’s rights that should be taken care of is the right of justice between children, and this right was referred to by the Prophet, may God’s prayers and peace be upon him, in the authentic hadith: Fear God and be just among your children. Narrated by Al-Bukhari and Muslim
so it is not permissible to prefer his children from the second wife to spend on them and deprive the children of the first wife
The spending on an insolvent adult son
the answer
Yes, he is obliged to spend on his son according to what is reasonable, if the son is poor and unable to earn money, and the father is well off. Uh
A summary of the fatwas. The understanding of the words of Shaykh al-Islam is that someone who is unable to earn - and he is able - does not have to spend on him.
The father is not obligated to spend on the males among you, except for those among them who are poor and unable to earn. As for the capable, his father is not obligated to spend on him unless he is busy with education, at that time, his maintenance must be on his father, because the father is obligated to spend on his children’s education, according to what was previously mentioned in Fatwa No.: 97754, rather, he has to marry the males of them if they have the desire to marry, and the father is able to do that.
The spending on the girl who reached the puberty
Is her father obliged to spend on her or not? Most of the scholars are of the view that he must spend on her until she gets married. This is most likely due to her inability to earn, and because obligating her to earn money leads to great corruptions, and whoever is obligated to spend on her, the father must give it to her, and it is forbidden for him to prevent her or to limit himself in it, because this is a right incumbent on him, and it is included in the matter of alimony that he feeds them, clothes them, and inhabits them in a suitable house according to the ability and the flow of custom.
Based on this, it is not permissible for the father - who is well off -To oblige his daughter to spend on herself, and not to provide for his children from his second wife, his brother’s children, or others.
What if the father refuses to spend on his children?
When the father refuses to spend what is obligatory on him for his children or something from it, and they are able to take it without his knowledge, then they have the right to do so, and the Prophet, may God’s prayers and peace be upon him, permitted the wife of Abu Sufyan to take from his money without his knowledge, what suffices her and her child on a reasonable basis, and he, peace and blessings be upon him, said: Take what suffices you and your child on a reasonable basis. Bukhari and Muslim .
This is the sum of what is understood from the words of the Hanafi scholars in Al-Mabsut 5/223, the Malikis in Al-Mudawwanah 2/263, the Shafi’is in Al-Umm 8/340, and the Hanbalis in Al-Mughni 8/171.
The conditions for spending
1- That they are poor and have no money
And there is no earning that they can do without spending on others. If they are rich with money or earning, they can do without it: there is no expense for them; Because it is obligatory as a way of consolation, and the affluent is dispensed with consolation
2- Those who are obligated to spend should have enough to spend on them
There is nothing left over from his own expenses, either from his money or from his earnings. As for the one who does not have anything left over from him, then he does not have to do anything, according to what Jabir narrated that the Messenger of God - may God’s prayers and peace be upon him - said: (If one of you is poor, let him start with himself, and if he has more, then his dependents, and if he has more, then his relatives)
And in a word
(Start with yourself, then with whom you depend on) An authentic hadeeth
Abu Hurairah narrated (that a man came to the Prophet - may God’s prayers and peace be upon him) and said: O Messenger of God, I have a dinar. He said: He said: You give it in charity to yourself. He said: I have another. He said: give it in charity to your son, He said: I have another, he said: You give it in charity to your husband, he said: I have another, he said: You give it to your servant, he said: I have another, he said: You see) Narrated by Abu Dawud (1691)Sheikh Al-Albani said: Hasan in Sunan Abi Daoud.
And because it is consolation, it is not obligatory on the needy, like zakat.
That the spender be an heir, according to the words of God Almighty: (And the heir is responsible for the same.) And because between the inheritors there is a relationship that requires the heir to be entitled to the inherited money from the rest of the people, he should be singled out for his obligation to spend on them, not them. Al-Mughni (8/168, 169)
It is the duty of the father
To spend on his son what he needs until he becomes self-sufficient, and the scholars, may God have mercy on them, have stated that among the necessary maintenance for the son is on his father, to marry him if he needs to marry.
Sheikh Saleh Al-Fawzan - may God protect him - said:
The son’s right over his father ends as soon as he becomes independent of him, if he grows up and is able to earn for himself and become self-sufficient through his earning: His right to spend on his father ends, either as long as he is young or old, But he did not dispense and was not able to acquire: it His father still has the right to spend on him until he becomes self-sufficient, and that is based on kinship, Al-Muntaqa Min Fataawa al-Shaykh al-Fawzan (3/240).
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