The Ruling on a Mother Dividing Her House Among Her Children

The questioner:
My mother and my eldest brother jointly built a house consisting of four rooms, a kitchen, and a bathroom, and a large plot of land remained. My brother sold a large portion of this land without my mother’s knowledge, claiming that he completed the kitchen and one room with the value of the land he sold. They divided the house, so my mother took two rooms and a small part of the remaining land, while my brother took the two rooms, the kitchen, and the bathroom. My mother built the kitchen and the bathroom, which was the only small part she took. She married my middle brother, paying his mahr (bridal gift) and wedding expenses, and his wife went to set up the house for him. I, my sister, and my youngest brother remained, so my mother wrote the house in our three names. She knew this arrangement, saying that my eldest brother sold the land and took his share, and my middle brother was provided for without incurring any cost. As for us, she said, “Your share is my name on the house.” My mother is insistent on this division. What is the ruling on this? May Allah reward you with good. And what is the penalty if this is not permissible? May Allah expand your affairs, and may He reward you for us and for the Muslims with good?

The Shaykh:
Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, a father must be just with his children; he should not give a gift to one without giving the others the same, because one of the Companions gave a gift to some of his children. He came to greet the Prophet (peace and blessings be upon him). Allah is the Greatest. He greeted him. He said, “Did the Prophet (peace and blessings be upon him) eat my children? Did you give them like this?” He said, “No.”

The questioner:
Shall I not write this for someone else?

The Shaykh:
I do not bear witness that. On a button. He said, may Allah’s peace and blessings be upon him, He said, may Allah’s peace and blessings be upon him, And although the address is to a father regarding his children, it includes the mother, because the mother also needs to be just with her children, and she is their mother, so it includes her. She must be equitable in giving gifts among her children and not favor some over others. If the matter requires a public announcement or a government intervention, you should go to the court. But this is only by way of advice. As for settling the dispute, that is done in the Shari'ah court. Yes. May Allah reward you with good.