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Gift Given to a Child
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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A Trust Becoming Destroyed
DAILY FIQH
Question: A man entrusted his goods with his friend. While the goods were in the possession of the friend, the goods were destroyed. Who is responsible?
Answer: If the goods were destroyed due to negligence or carelessness of the friend; then he will be responsible. However, if the friend adopted protective measures and was not negligent in any way; then he will not be responsible.
ولو قال المودع: وضعت الوديعة بين يدي، فقمت ، ونسيتها ، فضاعت ضمن -( الفتاوى العالمكيرية ج4ص 342)
AND ALLAH KNOWS BEST
Yusuf Moosagie
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Giving A Gift To One Child
DAILY FIQH
Question: Is it permissible for a parent to give all his/her wealth to one child during his/her lifetime?
Answer: Sayyidina Numan bin Bashir RA narrates: "My father gave me some of his wealth as a gift. My mother said that she would not be satisfied unless the Messenger Sallallahu Alaihi Wasallam was made witness to it. My father took me to the Messenger Sallallahu Alaihi Wasallam, who asked, "Do you have other sons besides him?" My father said, "Yes." The Messenger Sallallahu Alaihi Wasallam said, "Do not make me witness to injustice." ( Bukhari & Muslim)
Keeping the above in mind, it is undesirable for a parent to give preference to one child over another - whether male or female. All should be given equal during the parents lifetime.
However, if there is a valid Sharee reason, eg. one has excelled in Deen, or one is more in need than the others, - then, it will be permissible to give preference to one over the others. This is obviously with the conditions that there is no malicious intent.
AND ALLAH KNOWS BEST
Yusuf Moosagie
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Placing the Hands When Going Into Sajdah
Question: Where should one place the hands when going down into Sajdah?
Answer: It is preferable to keep the hands on the knees when going into Sajdah.
حديث أبي هريرة، وهو قوله عليه الصَّلاةُ والسَّلامُ: «إذا سَجَد أحدُكم فلا يَبْرُك كما يبرك البعيرُ»
[Maarifus Sunnan Vol 3/Page 34]
AND ALLAH KNOWS BEST
Yusuf Moosagie