Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterGiving something to someone without stating a compensation is apparently a gift
Question
Alsalam alaikom. We are husband and wife for 4 years now. We both have children from previous marriages and I am the second wife. The first wife (of 29 years) and children have a separate house elsewhere. When we first got married and due to the young age of the wife's children, they agreed it is best to build up the loft in the wife's house, which she bought and lived in 5 years before they married (still paying mortgage). The husband contributed half the cost of the build. He then paid monthly expenses, a proportion of which, he said were 'for the mortgage'. The wife understood that this money is for her accommodation, and to assist her in paying her debt, nothing more. Later on, it became clear that the husband was considering this payment as in return for a real share in the house to be transferred to his ownership, although he did not say so openly in the beginning. The problem is that now there is a serious difference in the way the husband and wife view this money and what to do about it: Husband's view: He is expecting a share of the house (based on 2010 prices, when he made his first payment) or the wife to pay him the money back with profit. Wife's view: She accepted the payments initially in good will as the husband's duty to provide a home. When she realised that he expected a share of the house, she preferred to buy another property and saved 1/2 the deposit for a new flat but he did not. We need answers to the following questions: 1.The wife does not wish to sell a share of her residence and her children's home to the husband. Should she return the money to him or is she entitled to this money because she is to be accommodated by her husband? 2. If the wife has to return the money to her husband , how is that money calculated. Original sum + interest? rate of increase of house value?? in gold equivalent or what? 3. In the future, must she buy jointly with him or does he have to provide for her accommodation?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
wrote, “In case of dispute, the words of the recipient of the gift are what counts because this is what has been understood by the recipient (of the gift). The transfer of property without (stating any) compensation is apparently perceived as a gift.” [Al-Muhath-thab]
Ar-Ruhaybaani wrote, “If the owner of the property said to another person, ‘I give you such-and-such property’ without any mention of getting something in return, and there was nothing to indicate that, then it is considered a gift. This is because this is the apparent meaning understood in this case.” [Mataalib Uli An-Nuha]
Hence, the husband is not entitled to any share in his wife’s house and she is not obliged to return anything to him or sell him a part of her house.
We would like to point out that providing the accommodation and living expenses for the children is an obligation on the person who is obliged to provide for them, according to the majority of Muslim scholars. However, they held different opinions regarding the obligation of providing accommodation for the ex-wife who has custody of them. Ibn ‘Aabdeen said, “In summary, the expenses of accommodation are obligatory on the person who is obliged to provide for the children since the accommodation is part of the living expenses. However, this is in case the ex-wife does not have an accommodation. If she has accommodation where she and her child can live, then the husband is not obliged to pay for an accommodation because it is not needed.”
We would like to point out that in case of dispute, it is not enough to seek an online Fatwa. The case should be referred to the Sharee'ah-courts, if available. If there are no Sharee'ah-courts, then the case should be referred to (local) scholars who should listen to what the two disputing parties have to say, unless either of the two parties is willing to give up what he claims to be his right.
Allaah Knows best.
Search Fatwa
Fatwa Subject
