Praise be to Allaah.
If the matter is as you
described, and there was an agreement between you and your father that you
would work for him in return for payment that was not paid in full, and you
did not give up this right to him, and what you took from his wealth without
his knowledge was no more than that, then you do not have to do anything.
This issue is similar to
what was mentioned by the scholars with regard to the issue of zafar (lit.
attainment), i.e., when a man takes a right to which he is entitled that he
could not get directly.
Al-Shanqeeti (may Allah
have mercy on him) said: If someone wrongs you by taking something that
belongs to you in an unlawful manner and you cannot prove it, and you had
the opportunity to taek something from him equivalent to what he took from
you in such a way that you will be safe from accusation or punishment, can
you take the equivalent of what you are entitled to or not?
The more correct of the two
scholarly opinions and the most in harmony with the apparent meaning of the
texts and analogy is that you may take the equivalent of what you are
entitled to and no more, because Allah says (interpretation of the meaning):
“then punish them with the like of that with which you were afflicted”
[al-Nahl 16:126] and “transgress likewise against him” [al-Baqarah
2:194]. Among those who held this view were Ibn Sireen, Ibraheem
al-Nakha’i, Sufyaan, Muhaajid and others.
A number of scholars,
including Maalik, said that this is not permissible and that was the view of
Khaleel ibn Ishaaq in his Mukhtasar, when he said concerning an item
entrusted to somebody: He does not have the right to take from it something
commensurate with the degree to which the person wronged him. Those who held
this view quoted as evidence for that the hadeeth “Render back the trust to
the one who entrusted it to you and do not betray the one who betrayed you.”
Even if we assume that this
hadeeth is saheeh, it cannot be quoted as evidence in this case, because the
one who takes the equivalent of what was his due and no more than that has
not betrayed the one who betrayed him; rather he has settled the score with
the one who wronged him. End quote from Adwa’ al-Bayaan, 3/353.
This has been explained in
the answer to question number
You should have asked your
father for your salary and not resorted to taking from his wealth without
his knowledge, unless he refused to give it to you.
If it turns out that you
took more than your salary from his wealth, then you have to return the
additional amount to his estate, which includes paying off debts. There is
no point in giving it in charity on behalf of your father.
Similarly, the one who takes wealth from someone else has to give it back to him if he is alive and to his heirs if he is dead, and he should not give it in charity on his behalf except if he is unable to find him or his heirs.
And Allah knows best.