Registering land in one son’s name because of one’s own poverty

Question

Zayd has two children: 1) Khalid, 2) Hashim. Owing to old age and emaciation, Zayd is now unable to earn. For some time Khalid arranged his food and other needs; after that Hashim is now doing so, but he is not providing the comforts that Khalid used to provide. Khalid is aware of this, but he says, “If father writes all the land he has over to my name, I will keep him in my house, feed him whatever he wishes to eat and provide every kind of comfort.

Answer

The principle is that each person’s maintenance (nafaqa) is incumbent upon himself, out of his own wealth (except for the wife, whose maintenance is upon the husband). Maintenance becomes wajib upon another person when the person himself has nothing. The father’s maintenance is upon the father himself; if the father has nothing, it is upon both of these sons.

Source: Fatawa Mahmudiyya

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