If his father asked him for money and he does not have any, does he have to take a loan?

Question

Praise be to Allah.

Firstly:

The father has the right to take from his son’s wealth
whatever he needs, if that will not harm the son. That is because of the
report narrated by Abu Dawood (3530) and Ahmad (6640) from the hadeeth of
‘Abdullah ibn ‘Amr, according to which a man said: O Messenger of Allaah, I
have wealth and children, and my father is in need of my wealth. He said:
“You and your wealth belong to your father.”

Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

What the hadeeth means – as al-Khattaabi (may Allah have
mercy on him) said – is that the father needed the money for his living
expenses, but the son’s wealth was so little that his father’s living
expenses would consume all that he had. But the Prophet (blessings and peace
of Allah be upon him) did not excuse him and allow him not to spend on his
father’s living expenses. See ‘Awn al-Ma‘bood.

It is stipulated that the father should be in need of this
wealth according to the majority of fuqaha’, apart from the Hanbalis,
because of the report narrated by al-Haakim (2/284) and al-Bayhaqi (7/480)
from ‘Aa’ishah (may Allah be pleased with her) who said: The Messenger of
Allah (blessings and peace of Allah be upon him) said: “Your children are a
gift from Allah to you – ‘He bestows female (offspring) upon whom He
wills, and bestows male (offspring) upon whom He wills’ [ash-Shoora 42:49]
– so they and their wealth belong to you, if you need it.”

Classed as saheeh by al-Albaani in as-Silsilah as-Saheehah,
2564

Ibn Qudaamah (may Allah have mercy on him) said: The father
may take whatever he wants from his son’s wealth and take possession of it,
whether the father needs what he takes or not, and whether the son is a
child or an adult, subject to two conditions:

(i)that it is not unfair to the
son, it does not harm him and he should not take anything that the son
needs;

(ii)that he does not take from the
wealth of one son and give it to another, because it is forbidden to single
out one child for giving from his own wealth, so it is more appropriate that
it should be forbidden to single out one child for giving what he has taken
from the wealth of another child.

Abu Haneefah, Maalik and ash-Shaafa‘i said: He does not have
the right to take from his son’s wealth except as much as he needs, because
the Prophet (blessings and peace of Allah be upon him) said: “Your blood and
your wealth are sacred to you, as sacred as this day of yours, in this month
of yours.” (Agreed upon). And it was narrated that the Prophet (blessings
and peace of Allah be upon him) said: “It is not permissible to take the
wealth of a Muslim unless he gives it willingly.” Narrated by ad-Daaraqutni.
And because the son has complete authority over his own wealth, so it is not
permissible to take it from him.

End quote from al-Mughni, 5/395

If the father needs the wealth, he may take from his son’s
wealth and spend it on his own living expenses and those of his dependents,
so long as that does not harm his son and he does not take anything that his
son needs, such as his car that he drives, and so on. See also the answer to
question no. 9594

Secondly:

If you do not have any money, you do not have to take out a
loan, and you can tell your father: I do not have any money right now, or
you can tell him that you need the money that you do have. This is not
regarded as being disobedience towards him.

It is not permissible to take a loan from a riba-based bank
under any circumstances, because of the texts which indicate that the one
who consumes riba and the one who pays it are cursed. And it is not
permissible to obey your father if he tells you to take out this loan,
because there is no obedience to any created being if it involves
disobedience towards the Creator.

To sum up: if the father needs the money to spend on
maintenance or to buy furniture for the house and so on, it is permissible
for him to take from his sons’ wealth, on condition that this does not harm
them, and that he does not take things that they need. If they do not have
any money to spare, then they do not have to take out a loan.

The brothers should cooperate to help the one who has not got
married, each according to what he is able to afford.

And Allah knows best.