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Who is the owner of the clothes of his child

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by Molana Ishaaq Hussain

Question:

Who is the owner of the clothes of his child, I mean can a parent give his child’s used clothes to other’s ? What is the ruling?


Answer:

Bismillah

When a father gifts his son with an item, then the son becomes the owner of that particular item. (Mukhtasar Qudoori p 131)

Anything which belongs to an immature child should be utilised for him. It is not permissible for anyone to utilise it for their personal purposes. Even the parents should not utilise it for their personal purposes nor for any other children. A father cannot give any of his child’s possessions away to anyone or lend to anyone. It will not be permissible to accept it. However, if the parents have a severe need for it on account of poverty and cannot obtain it from anywhere else, then at such a time of need and desperation it will be permissible for them to take an item that belongs to the child. (Baheshti Zewar p 54)

Only Allah Knows Best

Written by Molana Ishaaq Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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