DAILY FIQH

Question: If a family member gives clothing as a gift to a child, will it be permissible for siblings to later, use the clothing when it no longer fits the child to whom it was given?

Answer: Clothing (or any other items) given to a child, become the property of the child. The father (or the guardian) does not have the right to give the clothing as gift or on loan to anyone else. If the father wishes, to give the clothing to a younger child, he will have to purchase the item at an appropriate price.  (No physical transaction is necessary as the father is the buyer and seller in this case. He will merely have to stipulate the price.)

Upon purchasing the clothing the father will use the money for the child’s benefit as he deems fit.  He could, for example, invest it, keep it as a trust or even use it to purchase the necessities of the child.
قوله (فان نفقة المملوك علي مالكه والغني في ماله الحاضر) يشمل العقار والأردية والثياب, فاذا أحتيج الي النفقة كان للأب بيع ذلك كله و ينفق عليه لانه غني بهذه الأشياء ) رد المحتار ص612 ج3
AND ALLAH KNOWS BEST

Yusuf Moosagie

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