Majmu' al-FatawaIbn Taimiya

He was asked—may Allah Most High have mercy on him—about a man who had divorced his wife and had a son by her. The boy had reached seven years of age, and they wished to have maintenance assessed for him. His mother had remarried, and his grandmother had taken him into her care and sent his guardian. They travelled with him to Alexandria and kept him away for seven years. The father was then asked to pay maintenance for those past years.

He replied:

“If a judge has ruled in his favor, the mother has no right to keep the child away from him. If she keeps him away under these circumstances, she has no right to demand either the assessed maintenance or reimbursement for what they spent on him during that time. And Allah knows best.”

He was asked—may Allah have mercy on him—about a man who was the beneficiary of an endowment established by his grandfather, with his children to succeed him as beneficiaries. He received its rental income. He also owned property whose rental value had increased considerably, as well as other assets, but all of it lay idle. He had a son in financial difficulty who had a wife and children.

His son asked him for some of the premises so that he could put them to productive use, but he refused his request. Is he then

وَسُئِلَ - رَحِمَهُ اللَّهُ تَعَالَى -: عَنْ رَجُلٍ لَهُ مُطَلَّقَةٌ وَلَهُ مِنْهَا وَلَدٌ؛ وَقَدْ بَلَغَ مِنْ الْعُمْرِ سَبْعَ سِنِينَ وَهُمْ يُرِيدُونَ فَرْضَهُ. وَقَدْ تَزَوَّجَتْ أُمُّهُ؛ وَكَفَلَتْهُ جَدَّتُهُ وَوَجَّهَتْ كَفِيلَهُ وَسَافَرُوا بِهِ إلَى الإسكندرية وَغَيَّبُوهُ مُدَّةَ سَبْعِ سِنِينَ؛ وَطُلِبَ مِنْهُ فَرْضُ السِّنِينَ الْمَاضِيَةِ؟ فَأَجَابَ: إذَا حَكَمَ لَهُ حَاكِمٌ لَمْ يَكُنْ لِأُمِّهِ أَنْ تُغَيِّبَهُ عَنْهُ؛ وَإِذَا غَيَّبَتْهُ عَنْهُ وَالْحَالَةُ هَذِهِ لَمْ يَكُنْ لَهَا أَنْ تُطَالِبَهُ بِالنَّفَقَةِ الْمَفْرُوضَةِ وَلَا بِمَا أَنْفَقُوهُ عَلَيْهِ فِي هَذِهِ الْحَالَةِ. وَاَللَّهُ أَعْلَمُ. وَسُئِلَ - رَحِمَهُ اللَّهُ -: عَنْ رَجُلٍ عَلَيْهِ وَقْفٌ مِنْ جَدِّهِ ثُمَّ عَلَى وَلَدِهِ؛ وَهُوَ يَتَنَاوَلُ أُجْرَتَهُ؛ وَلَهُ مِلْكٌ زَادَ أُجْرَةً كَثِيرَةً وَغَيْرَهَا؛ وَالْكُلُّ مُعَطَّلٌ وَلَهُ وَلَدٌ مُعْسِرٌ؛ وَلَهُ أَهْلٌ وَأَوْلَادٌ؛ فَطَلَبَ ابْنُهُ بَعْضَ الْأَمَاكِنِ ليدولبه فَلَمْ يُجِبْهُ: فَهَلْ

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