What is the ruling on a father selling his house to his son without the knowledge of his other brothers?
Machine translationRead the Arabic original
Question:
A questioner says: My father told me, "I will write the house over to you, out of fear of problems." So I told him, "The price of the house will be for you and the mother to perform Hajj with." I consulted some scholars about this, and they said he is free to do what he wishes with what he owns. The two sisters and the children of my deceased brother did not know about it until a year later, and they were upset a little, but things returned to normal after that. What is the ruling on this sale and my purchase of the house?
Answer:
If you bought the house with your own money and nothing was deducted from the value of the house, and you bought the house just as anyone else would buy it, then there is no blame on you. However, if you bought the house for a price less than its correct value, then this is injustice from your father, because it is obligatory for him to be equal among his children and not give a gift to some of them exclusively.
To the exclusion of the others. The obligation is to be equal. If the father is alive, he must repent to Allah and be equal among his children in giving gifts, and not give to some of them to the exclusion of others. If he is dead, then you pay them the remainder of the value of the house. If the value of the house was less than its full worth, you pay them the difference, unless they permit you to do so. If they all permit it, then there is no harm after their father’s death. But if they do not permit it, you pay them the remainder of the value.
A questioner says: My father told me, "I will write the house over to you, out of fear of problems." So I told him, "The price of the house will be for you and the mother to perform Hajj with." I consulted some scholars about this, and they said he is free to do what he wishes with what he owns. The two sisters and the children of my deceased brother did not know about it until a year later, and they were upset a little, but things returned to normal after that. What is the ruling on this sale and my purchase of the house?
Answer:
If you bought the house with your own money and nothing was deducted from the value of the house, and you bought the house just as anyone else would buy it, then there is no blame on you. However, if you bought the house for a price less than its correct value, then this is injustice from your father, because it is obligatory for him to be equal among his children and not give a gift to some of them exclusively.
To the exclusion of the others. The obligation is to be equal. If the father is alive, he must repent to Allah and be equal among his children in giving gifts, and not give to some of them to the exclusion of others. If he is dead, then you pay them the remainder of the value of the house. If the value of the house was less than its full worth, you pay them the difference, unless they permit you to do so. If they all permit it, then there is no harm after their father’s death. But if they do not permit it, you pay them the remainder of the value.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم بيع الأب بيته لابنه دون علم باقي إخوانه؟ #فتاوى الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
