Under what conditions may a father take property from his son's wealth?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
A father has the right to take and possess whatever he wishes from his son's property, regardless of whether the father is in need or not, and whether the son is minor or adult, subject to two conditions. First, the taking must not cause injustice or harm to the son, nor should he take anything upon which the son's needs are dependent. Second, he must not take from one son's wealth to give specifically to another son. This is explicitly stated by Ahmad, as the father is prohibited from specifically favoring one child with his own wealth, making it a stronger prohibition when taking from another son's wealth to favor a different one.
Supporting text
Abu Hanifa, Malik, and Al-Shafi'i hold that a father may only take from his son's wealth to the extent of his need, relying on the hadith stating, 'Indeed, your blood and your wealth are unlawful to you, like the sanctity of this day in this month of yours.' They also cite the hadith, 'Every person has a better right to his earnings than his father, his son, and all people.'