[A Man Who Took from the Debtor’s Maḥjar]

Mufti:

Alsayyed Muhammad b. Abdallah Awad Al-Muayyady

تاريخ النشر: February 14, 2026

Fatwa number: 21661

Number of views: 2

Print the fatwa:

[A Man Who Took from the Debtor’s Maḥjar]

Fatwa number: 21661

Question: A man took from the debtor’s maḥjar the shares of four liable parties—namely his own share and the shares of three of his sons. After some time, the man wanted to divide those four portions among his three sons and others, but the three objected, saying that the three portions belong to them to the exclusion of the father; while the father said that he is entitled to all of them to the exclusion of his three sons. What is required?

Answer: What is required is that the four portions belong to the father if he is the one who pays the fines, litigates, bears (the encounters), … etc., rather than his sons. If the three sons pay the fines on their own behalf and litigate, … etc., then their shares belong to them to the exclusion of their father. This is what I have seen to be the face of the truth.
That is because the father takes the four portions in exchange for what he pays of fines alongside the tribe: he pays as (the equivalent of) four liable persons, and assumes the responsibility of four liable persons in every obligation, bearing every obligation on behalf of his sons. Therefore he deserves all four portions in return for that. Members of a household brought a dispute of this kind before me, and I decided between them as just mentioned. Praise be to Allah, Lord of the worlds.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2