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Fatwa CenterQuestionable use of property by elder brother
Question
I am getting the benefit from your Fataawa and answer may Allaah bless you with His Mercy. My question is that my elder brother took over all the properties as he is telling us that father gifted to him and father borrowed some money from him and last 4 years he used the properties according to his wish and the rents all. My question is that whatever benefit and rents he used for his life and children's life is Haraam or Halaal for him, if Haraam than please answer me in the light of Hadeeth and Quran. Nobody was happy with his action as we 4 brothers including him and 4 sisters and one mother. My question is only now for the money he used for him and for his children is Haraam or Halaal?
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
We have already issued Fatwa: 89924 clarifying that it is forbidden for any heir to appropriate all the inheritance at the expense of others as this is contrary to Allaah's Limits and this is taking people's money without any right even if it was a gift from his father while he was alive, so please refer to the above Fatwa. It should be mentioned, however, that if the father had borrowed money from his son and the son has an evidence proving it, and the father died before repaying this debt, then the son has the right to take back the exact amount that he lent to his father from the inheritance, and this should not be included in the inheritance because the debt comes before the right of the heirs. Allaah says (which means): {(the distribution in all cases is) after the payment of legacies he may have bequeathed or debts.}[Quran 4:11].
Finally, we advise all the heirs to fear Allaah and not dispute, argue or transgress other people's rights. We also advise them to resort to an Islamic court to settle this dispute. Inheritance and the rights related to it are very complex issues so this matter must be studied from all sides. Such a dispute could not be solved just with a mere Fatwa based on a question. It should be noted as well that the scholars differed in opinion in relation to a donation made by a father to his son whether the heirs could take it back or not, so the ruling of the court puts an end to such disputes as every one is bound by the court order.
Allaah Knows best.
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