ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 274Section

Translation · EN

{And bestowed upon me in old age, Ishmael and Isaac} [Quran 14:39]. Whatever was gifted to him, he had the right to take his wealth, just as he does his slave. Sufyan ibn 'Uyaynah said regarding His statement: {Or your own houses, or the houses of your fathers} [Quran 24:61]. Then He mentioned the houses of all other relatives, except for the children, whom He did not mention because they were already included in His statement: {your houses}. Since the houses of their children were like their own houses, He did not mention the houses of their children. Moreover, a man manages the wealth of his child without authorization, so he has the right to dispose of it as he does his own wealth. As for their hadiths, our hadiths specify and explain them, for the Prophet (peace and blessings of Allah be upon him) made the son's wealth the wealth of his father by his saying: "You and your wealth belong to your father," so there is no contradiction between them. His statement "You are more entitled to it than your father and your child" is mursal (a hadith with a missing link), and it indicates the prioritization of his right over another's right, not the complete negation of the right. The child is more entitled than the parent to that which is connected to his [the child's] need.

Section: The child does not have the right to demand his father for a debt he owes. This is the opinion of al-Zubayr ibn Bakkar, and it is the implication of the statement of Sufyan ibn 'Uyaynah. Abu Hanifah, Malik, and al-Shafi'i said: He may do so, because it is an established debt, so demanding it is permissible, just as it is with anyone else. Our evidence is that a man came to the Prophet (peace and blessings of Allah be upon him) with his father, demanding a debt he owed him, so he said: "You and your wealth belong to your father." It was recorded by Abu Muhammad al-Khallal with his isnad. Al-Zubayr ibn Bakkar narrated in the book Al-Muwaffaqiyat with his isnad that a man borrowed money from his son and then detained him, and he detained him for a long time. The son sought judgment against him from 'Ali ibn Abi Talib (may Allah be pleased with him) and mentioned his story in poetry, and his father answered him in poetry as well. Then 'Ali (may Allah be pleased with him) said:

Notes

(24) Surah Ibrahim 39. (25) Surah al-Nur 61. (26) In the original: "for a person". (27) Omitted from manuscript M. (28) Its authentication was previously mentioned on page 273. (29) Al-Muwaffaqiyat, 111, 112.

PreviousVolume 8 · Page 274Next
Previous8·274Next