to any city, without acquiring ownership of it. And he may acquire ownership without taking possession of it: for example, he may go to a notary public and say, “I have acquired ownership of my son so-and-so’s car,” and the notary will record it—but subject to conditions that will be mentioned.
His statement, “from his child’s wealth,” includes both males and females, for when the term “child” is used without qualification, it includes males and females, as the Prophet ﷺ said: “You and your wealth belong to your father” (1)—but subject to conditions.
His statement, “provided it does not harm him”: if it harms the child, then the father has no right to take it. An example is taking his lunch when he is in dire need of it; in that case, he has no right to do so. Or he may take his blanket when he needs it to ward off the cold; he is not to be allowed to do so, because the Prophet ﷺ said: “Begin with yourself” (2). The father cannot be given authority over his child’s wealth when doing so causes the child harm.
His statement, “and he does not need it”: need is less severe than necessity. Thus, he has no right to take that to which the son’s need is attached. For example, the son may have furnishings in his house that are not indispensable, but which he needs when guests come to him; or he may possess more than his food provision for the day and night, yet still need it. The father has no right to acquire ownership of this, because the son has a need for it. This also includes the son’s concubine if he needs her, even if he has many female slaves, because his desire is attached to her.
Thus, the following is stipulated:
First: that it does not harm the son.