Our father passed away while we were children, and our eldest brother took the inheritance for himself. Now that we have reached maturity, how should we deal with him?
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Question:
He says: Our father passed away while we were children, and we have an eldest brother. Our father left us an inheritance, so our eldest brother sold half of the inheritance, married with the proceeds, built a house, and bought a car. He took from the remaining inheritance just like any one of us. Now that we have reached maturity, we do not know how to deal with him? Please guide us. We are excused. May Allah reward you with good.
Answer:
This matter is not lawful for him, and it is not permissible for the guardian to dispose of the property of the disbelievers or the orphans on his own. Allah the Exalted said:[An-Nisa 4:2]. And He, Glorified and Exalted is He, said: [An-Nisa 4:6] that he should seek chastity, even if he is poor, he should eat by what is known, meaning to the extent of his work. He eats to the extent of his work, just as others eat. He does not hire someone to work for him, for he eats the same as they do and does not take more. He eats by what is known. Therefore, it is obligatory for the one who is entrusted with this matter to treat it well, to preserve it, and to hand it over to them. And if he needs something in return for his work, he should refer to the judge to determine what is permissible for him according to the Shari'ah.
As for what is between the questioner and his brothers and his eldest brother, yes, this is a claim that must be referred to the court. And... the eldest.
He says: Our father passed away while we were children, and we have an eldest brother. Our father left us an inheritance, so our eldest brother sold half of the inheritance, married with the proceeds, built a house, and bought a car. He took from the remaining inheritance just like any one of us. Now that we have reached maturity, we do not know how to deal with him? Please guide us. We are excused. May Allah reward you with good.
Answer:
This matter is not lawful for him, and it is not permissible for the guardian to dispose of the property of the disbelievers or the orphans on his own. Allah the Exalted said:
And give to the orphans their properties and do not substitute the defective [of your own] for the good [of theirs]. And do not consume their properties into your own. Indeed, that is ever a great sin.
وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ وَلَا تَتَبَدَّلُوا الْخَبِيثَ بِالطَّيِّبِ وَلَا تَأْكُلُوا أَمْوَالَهُمْ إِلَىٰ أَمْوَالِكُمْ إِنَّهُ كَانَ حُوبًا كَبِيرًاrelease their property to them. And do not consume it excessively and quickly, [anticipating] that they will grow up. And whoever, [when acting as guardian], is self-sufficient
فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ وَلَا تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُوا وَمَن كَانَ غَنِيًّاAs for what is between the questioner and his brothers and his eldest brother, yes, this is a claim that must be referred to the court. And... the eldest.
Source
قناة «العلامة الدكتور صالح الفوزان»، توفي والدنا ونحن أطفال، فتصرف أخي الكبير بالتركة لنفسه والآن قد بلغنا سن الرشد، كيف نتصرف معه؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.