Fatwa: # 22546
Category: Financial Transactions
Country: Saudi Arabia
Date: 30th September 2012

Title

I gavemy brother a property and now he wants to pay me back.

Question

I purchased a property from my funds for my brother and in his wife's name. I had all intentions that the property for all purposes shall belong to my brother. Now my brother wants me to take money for the said property and insists that I should take the price of the property as on date.

I am not intending to take money, but since he is insisting, will it be proper for me to take the current market price or the price I paid at the time of purchase few years back. Kindly show me the true path.  

Answer

 

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh.

 

You purchased the property and gave it to your brother as a gift. You have expressed your love for him through the gift.[1] He too wishes to express his love for you by offering you something in exchange. You may accept whatever amount he offers you.

 

Hazrat Abu HurairahradhiAllahuanhu narrates that Rasulullahsallallahualaihiwasallam said:

 

عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: تَهادُوا تَحابُوا[2] 

 

Translation: “Give each other gifts and the love between you will increase.”

 

And Allah Ta’āla Knows Best

 

 

Checked and Approved by,
Mufti Ebrahim Desai.

 


[1]هيتمليكالعينبلاعوض

)البحرالرائق, ج.٧, ص.٤٨٣,دارالكتبالعلمية(

 

[2](الأدب المفرد بالتعليقات، ص306، مكتبة المعارف)

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