Is it permissible for my father to sell a piece of land and spend the proceeds on my brother to the exclusion of the other siblings, given that my brother spends his money in ways that are not permissible in Shari'ah, and the bank has seized his house and wants to sell it?

The questioner : There is a question here. The situation is this: I have an older brother who follows the popular opinion, meaning he belongs to a sect that squanders money in ways that are not permissible in Shari'ah, whether in cigarettes, smoking, or traveling here and there, spending it on clothes and fashion, in any case, in ways that are not permissible in Shari'ah. Ten years ago, he broke [something], and my father paid all the money he owed. Now the situation has repeated itself, and my father asked us for money on the basis that we would give it to him to pay off his debt. I naturally refused to give him any amount and told him, “Any amount you want, take it for yourself, but for this brother of mine, I will not...” So he went to the bank. Naturally, he started selling his land; he has land and started selling it. I sent him money the first time, then the second time, amounts totaling about twenty thousand Jordanian dinars. Naturally, I advised him and said, “This is haram (forbidden); it is not permissible for you to pay him. This person does not fear Allah.” He did not agree with my advice, of course; emotion takes over. Finally, he brought sixty thousand dinars, bought the house from him, and paid the bank the price of the house. He mortgaged it in his own name. The house cannot be sold now unless his right is satisfied. The question here is: he wants the house, even though it is mortgaged, for this brother of his who is... So, is it permissible for my father to spend all these amounts on this son to the exclusion of the others, knowing that if another person asked for a thousand, he would not give it? Is it permissible for him to spend these amounts, which he considers a rescue of the boy from his current situation?

The Shaykh : I think the answer is understood from the previous hadith.

The questioner: Yes.

The Shaykh : However, what you mentioned about the state of this son strengthens the previous answer. It appears that, in legal terminology, he is a spendthrift (safi). If that is the case, and if he has money that he owns, it is not permissible for his father to take it from him, so how can he give him his own money? This is not permissible, a fortiori.

The questioner : Can we stop our father from selling by a Shari'ah order?

The Shaykh : By Allah, it is difficult for me to say. If he is a spendthrift, you have already known the answer.

The questioner : This is regarding that one, but my father now...

The Shaykh : I... your father, heh heh.

The questioner : Allah is the Helper.

The Shaykh : Allah is the Helper. How can he be stopped? Okay, how old is the father?

The questioner : ... 68 .

The Shaykh : Sixty?

The questioner : 68 .

The Shaykh : Eighty.

The questioner : 68 .

The Shaykh : Can we say that he is committed (to religion)?

The questioner : No, no, no, we cannot say he is truly committed.

The Shaykh : Does he deal in riba (usury or interest)?

The questioner : No, my father does not deal in riba. He prays, yes, he is one of the general people.

The Shaykh : But you said he mortgaged the house, what for the bank?

The questioner : He mortgaged it for his own sake. He paid the money, the price, to the bank. When I mentioned my spendthrift brother, not your brother, he borrowed money from the bank, and the house was being seized by the bank to be sold at public auction.

The Shaykh : Yes.

The questioner : So he bought the house and paid its price to the bank, and mortgaged it in his own name so that it would not be sold again. But in reality, in his heart, and he said so, this house remains for whom? For its owner, who is this spendthrift brother. But it is not permissible for him to sell or buy it as long as it is mortgaged. In my view now, or is it Shari'ah, that this house belongs to the father and not to that one, and it is in his name, why? So we demand, for example, the mortgage. If death occurs, it will be included in the inheritance. I do not accept that it is ever his. I think this is a Shari'ah right.

The Shaykh : But here you need to note something, which is the legal aspect, that it does not follow the Shari'ah.

The questioner : Legally, it is not mortgaged; the mortgage takes the house legally.

Another questioner : ... the mortgage takes it.

The Shaykh : So legally, the house returns to the heirs?

The questioner : Yes, the house returns to the heirs through the mortgage.

The Shaykh: All right.

The questioner : And in Shari'ah, it is the property of the father.

The Shaykh : Okay, is there anyone who will take care of the father?

The questioner : Difficult, difficult.

The Shaykh : ... .

The questioner : Yes, I told him, I told him in the final stage, “My father, since you are selling the land for this, sell two or three or four or five and build a school for Allah (Glorified and Exalted is He) that will benefit you in your Hereafter.” He got angry and said, “I am doing it.” I said, “What do you want to do? Come...” and I reminded my mother, who has passed away, may Allah have mercy on her... What did I do? And your mother has died, what did you do for her? Do you see how it is? When he stood this balance, he certainly fell silent, but you cannot...

The Shaykh : May Allah guide him and reform him.

The questioner : Amen. May Allah bless you.

The Shaykh : Amen. Welcome.

The questioner : May Allah bless you, my sir. By Allah, this session... May Allah reward you with good, but as a disturbance to the Shaykh, may Allah reward you with good.

The Shaykh : ... There is no disturbance at all; we have gained.

The questioner : If Allah wills.

The Shaykh : We have gained greatly.

The questioner : If Allah wills, in the month of... ten, if Allah wills, going to Baghdad...

The Shaykh : May Allah reward you with good.

The questioner : If Allah wills, we will not forget you.

The Shaykh : There is no need to burden yourself.

The questioner : The Shaykh is Mahmoud, I believe.