Message No : 1Sr.No : 198/725
Question By : Mohammed Masoom

Respected Mufti Sahib Assalaamualaikum,I hope that you are in best of health,please answer the following question as soon as possible jazakallah.Question 1 When my father was alive he told my son that the privious house in which they were living in was bought with half of my money and half of his own money,when i went for haj with my family my father sold that house and the money which came from selling the house he bought another house,also he told my son many times that this house is yours, now my father has passed away is it permissible for me to take the house and according to the value of the house from the other half after taking my share according to shariah distrubute the remaining to the inheriters ie one brother three sisters and step mother ?Note.I lived with my father, step mother for many years during this period i worked day and night in a factory , my father had ordered me to give the full weekly wages to my step mother,if i did not give the wages then my father would get angry,he would shout and he would say get out of the house,even though after some years he ordered my family to get out of the house and gave us nothing.When we were staying with my father,step mother we used to live on social money given by the goverment which was very little (family allownce)When i wanted money from my own wages i would not get it.If my real mother was alive this would not be the case,my step mother would mistreat me, when i gave the money to my step mother i did not give it with the intention of making her or my father the owner,i had to give the money without my will,my step mothers saying is that she gave the money to my father,and my father told my son that he used the money to by his house as mentioned in the question above so is it permissible for me to take the house according to shariah? please remember me in your pious duaas Wassalaam

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Wa Alaikumossalaam
Dear Brother in Islam,
The answer to your question is as follows:

Whatever a parent gives his child in lifetime is gift not heritance. And he should give equate gift to every child. This is because, the share of every child whether body or girl is equal in gift. And the gifted thing will be the property of child when he/she takes possession over it. After that the parent is not allowed to take the gift back according to Hanfi school of thought. The Prophet of Islam (SAW) is reported as having said, ¡°There is no revocation in gift when it is for relations within prohibited degree¡±. (I¡¯laus-Sunan 16: 106)

There are some conditions for a gift to be valid. One of them is possession. If someone gives a gift to a person but does not let him take possession over it, the gift will not be valid and remains the property of giver. A person gives some clothes to his friend, for instance, in a locked box but does not give the key then the gift is not complete unless the key is also given. Though your father told your sons that the house is yours but did not let you take possession over it. This is because, he ordered your family to get out of the house. Therefore, this gift is not valid.

All the earnings of a son lives under the care of his father will belong to the father. And after the death of the father, it would be distributed amongst the heirs who would be alive at that time, as per their shares. But the earnings of a son who does not live under the care of his father will be his own. These earnings do not belong to the father. (Raddul Muhtaar Alaa Durril-Mukhtaar, Faslun-Fish-Shikatil-Fasidah, Vol: 3) However, to take care of parents, specially, when they are in need of, is the religious and moral responsibly of children. It is permissible for parents to use the wealth and property of children for much as they need even without taking permission. The Prophet of Islam (SAW) is reported as having said, ¡°You as well as your wealth belong to your father¡± (Masnad Imam Shafee Part: 3 Hadith: 639)

The statement mentioned in the above-question, shows that you were under the care of your father. And all the members of family were living together. Therefore, the house referred to the question belongs to the father though the half cost of the house was paid from your earnings.

After performing his all obligation duties such as Mehr, debt and so on, the house and all other properties of your father will divided into eight portions if he left behind one wife, two sons and three daughters. Amongst these eight shares, one for wife, four for two sons and three shares for three daughters.

And Allah knows the best,

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