that he gifted to him. Therefore, before extracting it, his disposal is not valid, because he is disposing of someone else's property without legal authority (wilayah). If the son is a minor, it is also invalid, because he does not possess the right to dispose of anything in which the minor has no benefit, and it is not a benefit to drop his debt, emancipate his slave, or gift his wealth.

Section: Ahmad said: 'Between a man and his child is usury (riba).' This is due to what we have mentioned regarding the fact that the son's ownership of his wealth is complete. He also said: 'He should not have intercourse with the son's slave-girl unless he takes possession of her,' meaning he takes ownership of her. This is because if he has intercourse with her before taking ownership of her, he has done so while she is neither a wife nor property of his right hand. If he takes ownership of her, it is still not lawful for him to have intercourse with her until he observes istibra' (a period of abstention to ensure she is not pregnant), because it is the beginning of ownership, so istibra' is obligatory, as if he had purchased her. If the son has already had intercourse with her, she is not lawful for him under any circumstances. If he has intercourse with her before taking ownership of her, it is prohibited for two reasons: firstly, that he had intercourse with her before owning her; and secondly, that he had intercourse with her before her istibra'. If the son has had intercourse with her, she is prohibited for a third reason, which is that she has become like the spouse of his son. If he does so, no hadd (prescribed punishment) is applied to him due to the ambiguity of ownership, for the Prophet (peace and blessings of Allah be upon him) attributed the wealth of the child to his father, saying: 'You and your wealth belong to your father.' If she gives birth to a child by him, she becomes an umm walad (a concubine who has borne her master's child) for him, and his child is free, because it is from an act of intercourse where the hadd is negated due to ambiguity. She becomes an umm walad for him, and the son has no right to demand anything from him regarding her value, nor the value of her child, nor her dowry. Is he subject to ta'zir (discretionary punishment)? There are two possibilities: first, he is subject to ta'zir because he had illicit intercourse, similar to if he had intercourse with a slave-girl shared between him and someone else. Second, he is not subject to ta'zir because he cannot be subject to retaliation (qisas) for causing harm to his child, and thus he is not subject to ta'zir for disposing of his wealth.

Section: It is not for anyone other than the father to take from another's wealth without his permission, because the report came specifically regarding the father with his saying: 'You and your wealth belong to your father.' It is not valid to use qiyas (analogical deduction) to include others besides the father, because the father has wilayah over his child and his wealth when he is a minor, and he has complete compassion, an emphasized right, and his inheritance is not voided under any circumstances.