The ruling on a father taking half of his son's land
Machine translationRead the Arabic original
The questioner : May Allah prolong your life. I say, in the Kingdom, yes, did you see how it was? Yes, I calculated the leave. It is a shirt, a shirt, a father, I mean, a need. When. Ask.
The Shaykh : When I came down to Ayn. I came down to Egypt, so the father, on the day I bought the land, wrote the land as half, meaning he thought to write it all in his name. His name. The father's name, yes. Yes. And this is my effort. So on the day I thought, meaning I, I got angry, and the father felt that I was angry like that. So he divided the land between me and the father. Meaning it became half, considered afterwards as belonging to the brothers. It is not considered for the father. The father wrote half for the father and half for me, meaning half the land for me, not a residence. If this half is complete and the other half is for the father. Okay.
The questioner : Does the Shari'ah rule in this case? Do we obey the father in this error?
The Shaykh : Yes, the father has the right to take from your wealth whatever he wishes, except for something that involves your need or harms you.
The questioner : Yes, okay, I need this, for example, I am now, for example, if I can sell this half, for example, because I am building the house. And I establish, for example, a building or residence that shelters me, so that I shorten the duration of this absence.
The Shaykh : I did not understand it.
The questioner : Now, for example, if I sell half of this land and build on the other half.
The Shaykh : Yes.
The questioner : This benefits me that I prefer. The duration of my absence, instead of staying ten years. In Saudi Arabia, or five years in Saudi Arabia. No, after, for example, three years are enough for me to be able to make a future there and that is it.
The Shaykh : Yes, so in any case, the father has the right to take such land, if he takes half of it and leaves half for you, and he does not want to give it to any of his sons.
The questioner : No, he will give it, of course.
The Shaykh : To when? In the future, long life. Okay, perhaps the sons die before him, in any case.
The questioner : May Allah reward you with good.
The Shaykh : May Allah bless you. Peace be upon you. And upon you be peace and the mercy of Allah.
The Shaykh : When I came down to Ayn. I came down to Egypt, so the father, on the day I bought the land, wrote the land as half, meaning he thought to write it all in his name. His name. The father's name, yes. Yes. And this is my effort. So on the day I thought, meaning I, I got angry, and the father felt that I was angry like that. So he divided the land between me and the father. Meaning it became half, considered afterwards as belonging to the brothers. It is not considered for the father. The father wrote half for the father and half for me, meaning half the land for me, not a residence. If this half is complete and the other half is for the father. Okay.
The questioner : Does the Shari'ah rule in this case? Do we obey the father in this error?
The Shaykh : Yes, the father has the right to take from your wealth whatever he wishes, except for something that involves your need or harms you.
The questioner : Yes, okay, I need this, for example, I am now, for example, if I can sell this half, for example, because I am building the house. And I establish, for example, a building or residence that shelters me, so that I shorten the duration of this absence.
The Shaykh : I did not understand it.
The questioner : Now, for example, if I sell half of this land and build on the other half.
The Shaykh : Yes.
The questioner : This benefits me that I prefer. The duration of my absence, instead of staying ten years. In Saudi Arabia, or five years in Saudi Arabia. No, after, for example, three years are enough for me to be able to make a future there and that is it.
The Shaykh : Yes, so in any case, the father has the right to take such land, if he takes half of it and leaves half for you, and he does not want to give it to any of his sons.
The questioner : No, he will give it, of course.
The Shaykh : To when? In the future, long life. Okay, perhaps the sons die before him, in any case.
The questioner : May Allah reward you with good.
The Shaykh : May Allah bless you. Peace be upon you. And upon you be peace and the mercy of Allah.
Source
سؤال من حاج 1407هـ - 1 — binothaimeen.net (42:21)
The Arabic text is a machine transcription of the audio recording.