What is the ruling if a son builds on the roof of his father's house? Does he own the structure, or does it belong to his father?
Machine translationRead the Arabic original
The questioner : If he bought the roof with the consent of the sons, there is no harm in that in this case. So what is your opinion, my Shaykh?
The Shaykh : My opinion is that if he is, he is telling you that the roof belongs to his father.
The questioner : Of course, it is in the father's hand, yes.
The Shaykh : Okay, did he not buy it?
The questioner : No, he did not buy it.
The Shaykh : The answer, if he bought it, this means it is not an answer, it is a question.
The questioner : Ah, no, he did not buy it. He is telling me what is the solution or what do we do...
The Shaykh : Yes, I understand, but you told him if he bought it.
The questioner : No, if he is going to buy it, I mean, my Shaykh, I told him if he wants to take it by lawful means, then this apartment becomes a pure solution for him. He must buy this roof with the consent of what?
The Shaykh : In any case, my opinion in such a case, and since we have been asked about such cases, is that there is a difference between a son who is living independently from his father and one who is still living under his father's care. If he is in the first case, he is like any stranger who builds on the land of another with his permission.
The questioner: Yes.
The Shaykh : So, according to what they agree upon, he does not own what he built upon, whether it is land or a roof.
The questioner: Yes.
The Shaykh : This is in the case where the son is independent from his father in life, sustenance, and financial support, and so on.
The questioner: Yes.
The Shaykh : As for if he is living with his father and the money is his father's money, even if it is from the son's earnings, at that time he is not considered the owner of even what he built, because he would have built it for his father.
The questioner : Yes, that is right.
The Shaykh : Ah, so this distinction must be taken into account in such a case.
The questioner: Yes.
The Shaykh : My opinion is that if he is, he is telling you that the roof belongs to his father.
The questioner : Of course, it is in the father's hand, yes.
The Shaykh : Okay, did he not buy it?
The questioner : No, he did not buy it.
The Shaykh : The answer, if he bought it, this means it is not an answer, it is a question.
The questioner : Ah, no, he did not buy it. He is telling me what is the solution or what do we do...
The Shaykh : Yes, I understand, but you told him if he bought it.
The questioner : No, if he is going to buy it, I mean, my Shaykh, I told him if he wants to take it by lawful means, then this apartment becomes a pure solution for him. He must buy this roof with the consent of what?
The Shaykh : In any case, my opinion in such a case, and since we have been asked about such cases, is that there is a difference between a son who is living independently from his father and one who is still living under his father's care. If he is in the first case, he is like any stranger who builds on the land of another with his permission.
The questioner: Yes.
The Shaykh : So, according to what they agree upon, he does not own what he built upon, whether it is land or a roof.
The questioner: Yes.
The Shaykh : This is in the case where the son is independent from his father in life, sustenance, and financial support, and so on.
The questioner: Yes.
The Shaykh : As for if he is living with his father and the money is his father's money, even if it is from the son's earnings, at that time he is not considered the owner of even what he built, because he would have built it for his father.
The questioner : Yes, that is right.
The Shaykh : Ah, so this distinction must be taken into account in such a case.
The questioner: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.