Is it permissible for a father to sell his son's property?
It is understood from the noble , "You and your wealth belong to your father," that a father has the right to take from his son's wealth, not by way of complete ownership, but rather by way of permissibility (ibahah) or as an act of kindness and honor. Scholars have stipulated conditions for this right: 1. The taking must not cause harm to the son. 2. The son must not have an urgent need for the wealth being taken from him. 3. The father must not take from one son's wealth to give it to another son as a preference, unless the other son is in need. 4. The father must be in need of the wealth he takes. If he is not in need, then he is not permitted to take it except with the son's consent.
As for the father selling what his son owns: It is not permissible for the father to sell his son's property before he (the father) takes ownership of it. If the father takes ownership of it, he may sell it if he is in need of the money and the son is not in need. However, he is not permitted to do so if the son is in need, or if the father is not in need and takes the money excessively and wastefully.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 27448
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy