Is a father or mother subject to the *hadd* penalty for stealing from the property of their child?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 7 · Bab 2

Open in Qurani

Primary text

A father is not subject to the cutting penalty for stealing from the wealth of his child, regardless of whether the child is ascending or descending in lineage (i.e., grandfather/grandmother or descendant). This ruling applies equally to the father, mother, son, daughter, paternal and maternal grandparents. This is the opinion of the majority of scholars, including Malik, Al-Thawri, Al-Shafi'i, and the People of Opinion (Abu Hanifa's school). The evidence for this is the Prophet's saying, 'You and your wealth belong to your father,' and the saying, 'The purest earning is what a man eats from his own labor, and his child is from his labor,' and in another narration, 'So eat from the earnings of your children.' A person cannot be punished by *hadd* for taking what the Prophet commanded him to take, nor for taking what the Prophet declared as his property assigned to him. Furthermore, *hudud* punishments are repelled by doubt (*shubuhat*), and the greatest doubt is a man taking from wealth that the Law has designated as his and commanded him to consume.

Supporting text

Abu Thawr and Ibn al-Mundhir hold that the hand is cut for every thief based on the literal reading of the Book, unless there is a consensus for an exception. However, the ruling that parents are exempt is considered an established consensus among earlier scholars, which overrides the general command based on the Quran.