Darul Iftaa Mahmudiyyah

I gavemy brother a property and now he wants to pay me back.

· 14 Dhuʻl-Qiʻdah 1433 AH1 min readFatwa 22546English

Question

I purchased a property from my funds for my brother and in his wife's name. I had all intentions that the property for all purposes shall belong to my brother. Now my brother wants me to take money for the said property and insists that I should take the price of the property as on date.

I am not intending to take money, but since he is insisting, will it be proper for me to take the current market price or the price I paid at the time of purchase few years back. Kindly show me the true path.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh.

You purchased the property and gave it to your brother as a gift. You have expressed your love for him through the gift.[1] He too wishes to express his love for you by offering you something in exchange. You may accept whatever amount he offers you.

Hazrat Abu HurairahradhiAllahuanhu narrates that Rasulullahsallallahualaihiwasallam said:

Translation: “Give each other gifts and the love between you will increase.”

And Allah Ta’āla Knows Best

Checked and Approved by,
Mufti Ebrahim Desai.

References (Arabic / Urdu sources)

عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: تَهادُوا تَحابُوا[2]

[1]هيتمليكالعينبلاعوض

)البحرالرائق, ج.٧, ص.٤٨٣,دارالكتبالعلمية(

[2](الأدب المفرد بالتعليقات، ص306، مكتبة المعارف)

Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/22546
Fatawa SA: https://fatawa.co.za/fatwa/askimam-22546

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