I am a legal guardian and I am 33 years old. Previously, one of my brothers, who is younger than me, came to me asking for 5,000 riyals on the pretext that he had spent them
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The questioner : The listener from Khamis Mushait, A.F., says: May Allah reward you, O Shaykh. I am a legal guardian and I am thirty-three years old. Previously, one of my brothers, who is younger than me, came to me asking for five thousand riyals, claiming that he had spent them on a car that was part of what he inherited from my father. I answered that I did not have this money. After a dispute that nearly led to a physical altercation, I conceded the aforementioned car to him and wrote a personal commitment that I would pay the heirs what they demand in exchange for that car, which he took unjustly and oppressively. What is the ruling of the Shari'ah in your view regarding this? Please inform me.
The Shaykh : It is not permissible for you to concede the car, which is shared between you and the other heirs, except with the consent of the heirs. This brother who forced you into this is not entitled to any part of this car, because he forced you into this, and because the rights of your partners in it remain.
It is obligatory to return this car or to satisfy everyone. If everyone is satisfied, and they are adults and of sound mind, there is no harm. Otherwise, they have the right to return this car to the shared estate, and each person takes his share from it.
The Shaykh : It is not permissible for you to concede the car, which is shared between you and the other heirs, except with the consent of the heirs. This brother who forced you into this is not entitled to any part of this car, because he forced you into this, and because the rights of your partners in it remain.
It is obligatory to return this car or to satisfy everyone. If everyone is satisfied, and they are adults and of sound mind, there is no harm. Otherwise, they have the right to return this car to the shared estate, and each person takes his share from it.
