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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 374Section

Translation · EN

Abu Yusuf and Muhammad said: She shall reclaim it from him. Our argument is that whoever is obligated to provide maintenance due to kinship shall not reclaim it, just like the father.

Section: It is obligatory to provide maintenance for grandfathers and grandmothers, regardless of how far back they ascend, and for children of children, regardless of how far down they descend. Al-Shafi'i, al-Thawri, and the People of Opinion (Ashab al-Ra'y) held this view. Malik said: Maintenance is not obligatory for them, nor for their benefit, because a grandfather is not a real (biological) father. Our argument is His, the Exalted's statement: "And upon the heir is the like of that" (2:233). Also, because they are included in the general term of "child" and "parent," as evidenced by Allah the Exalted's statement: "Allah instructs you concerning your children: for the male, what is equal to the share of two females" (4:11), which includes children of sons. And He, the Exalted, said: "And for his parents, to each one of them is a sixth of what he left if he had a child" (4:11). And He said: "The religion of your father, Abraham" (22:78). Furthermore, because there is between them a kinship that necessitates manumission and the rejection of testimony, so they resemble the immediate child and parent.

Section: Three conditions are stipulated for the obligation of maintenance: First, that they must be poor, having neither wealth nor earnings with which they could be independent of the maintenance of others. If they are wealthy, whether through capital or earnings with which they are independent, then there is no maintenance for them, because it is only obligated as an act of consolation (muwasah), and a person who is wealthy is independent of consolation. Second, that the person upon whom the maintenance is obligated must possess what he can provide for them, in excess of the maintenance of his own self, whether from his wealth or his earnings. As for one who has nothing in excess, then nothing is required of him, because of what Jabir narrated, that the Messenger of Allah (peace and blessings of Allah be upon him) said: "If one of you is poor, let him begin with himself. If anything remains, then it is for his dependents. If anything further remains, then it is for his relatives."

Notes

(9) Surah al-Baqarah, 233. (10) Omitted from: the original. (11) Surah al-Nisa', 11. (12) Surah al-Hajj, 78. (13) In the original: "yasta'inun" (they seek help). (14) Omitted from: B. An observation has been noted. (15) Narrated by Muslim, in: The Chapter on Beginning Maintenance with Oneself, Then One's Family, Then Relatives, from the Book of Zakat. Sahih Muslim 2/693; and Abu Dawood, in: The Chapter on Selling the Mudabbar, from the Book of Emancipation (Itq). Sunan Abi Dawood 2/352. And al-Nasa'i, in: The Chapter: Which Charity is Best, from the Book of Zakat, and in: The Chapter on Selling the Mudabbar, from the Book of Sales. Al-Mujtaba 5/52, 7/267, 268. And Imam Ahmad, in: Al-Musnad 3/305.

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