Wants his money back from his brother who disappointed him
15-11-2005 | IslamWeb
Question:
I'm living now in England I m working I and my brother from about two years my brother he decided toe open his own work so he took £7000 from his father and £4000 from me and I tried with my father to stop him from giving him the money and I did not want to give him the money but my brother reaction he thought I don't want to give him money, after big arrangement I said yes and I gave the money, and I said for him I don't want my money back but you have to work hard and to work alone because the is not very good income and he said yes, through two years he employ people and sometimes he don't go to the shop he made everything up down he borrowed more money from me, he start to lay to me and do something rear, so I don't trust him any more, and all that time he said I'm his partner I said I'm not I don't want to interfere in his work I don't have time, he has to look after his shop not me this the deal and he did not in my view, so because he broke his promises and he start to spent his money on his way (friend, girlfriend, cigarettes(.........
So I told him I change my mind I need my money back £4000, his answer was no you did not give me £4000 he said might be £2000 or £1500 he did not write what he took money from me and from his father and he started to collect them example like he took £5000 from his friend and he took from other £3000 and in this way after that he said it is impossible to you he (meant I) to save £4000 in that time and I'm working 11 hours 7 days and I don't go out at all what I have to do can I ask him for my money or I'm wrong or shall I tell my father to sort out or shall I forget my hard works to collect that amount or what have to do.
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.
If you had given your money to your brother as a gift which is apparent from your saying "I do not want my money back" then it is forbidden to take it back. The Prophet 
said: "A person who takes back a gift is like a dog eating what it vomited." [Al-Bukhari and Muslim]
If you had given it as loan then you have the right to demand the return of your money. However, if he can not pay his debt then you have to grant a respite to him. In fact, if you think that giving up your right and continuing on advising him not to commit sins is better then it is praiseworthy to do so. As you know being charitable has a great good influence on people. If you believe that giving up your right encourages him on committing sins and demanding it may prevent him from the sins then it is better not to give up your right.
Finally, we advise you to keep the ties of kinship with your brother and try the best means that are useful to achieve the benefits.
Allaah Knows best.