He says, “I have been working in the Kingdom for six years, and all the money I earn, I send to my father in Egypt, and my father used it to purchase a piece of land.”
Machine translationRead the Arabic original
The questioner : He says, “I have been working in the Kingdom for six years, and all the money I earn, I send to my father in Egypt. My father used the amounts I sent him, with my encouragement, to purchase a piece of agricultural land. We are eight siblings: five daughters and three sons. My father registered the purchased land in his own name. I would like to be informed whether I have the right to demand that my father register the land, or a portion of it, in my name, considering that all my sisters are married and the sons are young, and the land was purchased with the money I sent him?”
The Shaykh : Regarding your question, my brother, about this money you send to your father, which he used to buy the land with your encouragement and registered in his name, we tell you: You have no right to demand that this land, or a portion of it, be registered in your name. This is because the money you send to your father is taken by him with the intention that it belongs to him; it is his property. This is indicated by the fact that your father registered this land in his own name, which shows that he acquired this money for himself and bought this land for himself. Therefore, it is not permissible for you to demand that you be allocated a share of it. Nor is it permissible for your father to allocate a share of it to you, because the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2587 Even if he had allocated a share of it to you, that would not have been just, because the reason for this hadith is that Bashir ibn Sa'd allocated a portion of his wealth to his son Nu'man ibn Bashir, either an orchard or a slave, and his mother said, “I am not satisfied until you make the Messenger of Allah (peace and blessings be upon him) witness this.” So the Prophet (peace and blessings be upon him) said: Sahih Muslim 1623f And he said: Sahih al-Bukhari 2587.
In summary, the answer is that this land remains for your father; it is his property. Then, if Allah wills that your father dies before you, you will inherit it according to the law of Allah.
The questioner : Does this mean that if, when he sends the amount, he sends with it something that proves its exclusivity to him, and his father is merely in the position of safeguarding this money, which is exclusive to him?
The Shaykh : What I understood from the question is that he does not intend it that way...
The questioner : It may be as you understood, yes...
The Shaykh : He does not intend it that way. He intends to benefit his father with this money. Then, if his father bought this land and wrote it in his name, he has acquired it.
The questioner : Yes.
The Shaykh : It is permissible for a father to acquire whatever he wishes from his son's wealth, based on the saying of the Prophet (peace and blessings be upon him): It is permissible for the father to take whatever he wishes from his son's wealth. Therefore, the father here undoubtedly intended for the land to be his.
The questioner : Yes, I do not intend by my question to comment on this case, but as another question separate from the case: what if he sent the same amount with proof that this money is exclusive to him, and his father is merely holding it as a trust?
The Shaykh : If he sent this money as a deposit with his father, it belongs to him.
The questioner : It is exclusive to him.
The Shaykh : Obviously, it is exclusive to him... Or if he sent it on the condition that he asks his father to buy a commodity, land or otherwise, with it, and his father bought it with the intention that it is for his son, then it is as he intended.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah bless you.
The Shaykh : Regarding your question, my brother, about this money you send to your father, which he used to buy the land with your encouragement and registered in his name, we tell you: You have no right to demand that this land, or a portion of it, be registered in your name. This is because the money you send to your father is taken by him with the intention that it belongs to him; it is his property. This is indicated by the fact that your father registered this land in his own name, which shows that he acquired this money for himself and bought this land for himself. Therefore, it is not permissible for you to demand that you be allocated a share of it. Nor is it permissible for your father to allocate a share of it to you, because the Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمI cannot be witness to an injustice
إني لا أشهد على جوْرBe afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمIn summary, the answer is that this land remains for your father; it is his property. Then, if Allah wills that your father dies before you, you will inherit it according to the law of Allah.
The questioner : Does this mean that if, when he sends the amount, he sends with it something that proves its exclusivity to him, and his father is merely in the position of safeguarding this money, which is exclusive to him?
The Shaykh : What I understood from the question is that he does not intend it that way...
The questioner : It may be as you understood, yes...
The Shaykh : He does not intend it that way. He intends to benefit his father with this money. Then, if his father bought this land and wrote it in his name, he has acquired it.
The questioner : Yes.
The Shaykh : It is permissible for a father to acquire whatever he wishes from his son's wealth, based on the saying of the Prophet (peace and blessings be upon him):
You and your wealth belong to your father
أنت ومالك لأبيكThe questioner : Yes, I do not intend by my question to comment on this case, but as another question separate from the case: what if he sent the same amount with proof that this money is exclusive to him, and his father is merely holding it as a trust?
The Shaykh : If he sent this money as a deposit with his father, it belongs to him.
The questioner : It is exclusive to him.
The Shaykh : Obviously, it is exclusive to him... Or if he sent it on the condition that he asks his father to buy a commodity, land or otherwise, with it, and his father bought it with the intention that it is for his son, then it is as he intended.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah bless you.
