Can a son legally demand repayment of a debt owed to him by his father?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
The son is prohibited from demanding repayment of a debt owed to him by his father. This position is held by Al-Zubayr ibn Bakkar, and it aligns with the statement of Sufyan ibn 'Uyaynah. The primary evidence rests on the tradition where a man brought his father to the Prophet (peace be upon him) to claim a debt, and the Prophet replied, 'You and your wealth belong to your father.' Furthermore, Ali ibn Abi Talib ruled against the son demanding repayment from the father when the son complained about the father withholding funds, stating that the wealth belongs to the father as recompense for his blessings. Another argument is that since wealth is one type of right, the son cannot demand it from the father, analogous to rights pertaining to the person, because the father has a distinct right over his son.
Supporting text
Abu Hanifah, Malik, and Al-Shafi'i hold that the son may demand the debt because it is an established debt, and therefore, demanding it is permissible, just like any other debt.