Saturday, November 18, 2017 - 29 Safar 1439

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My father bought a house on my mother’s name before he died. My brothers forced my mum to sell the house and considered the money as inheritance. Is this permissible?

al salam alikom

My father died 16 years ago. He had a house when he bought it, he wrote it for my mother and she did not pay its price. Now my brothers forced her to sell it & want to have its price as inheritance from our father. Considering our mother not the owner as she did not pay its price. By the way they used violence with our mother to force her to buy it.

Answer

It is legally impermissible. Your brothers' conduct is impermissible in Islamic law. There is no objection to what your father did because Allah allowed him to dispose of his own property during his lifetime as he wishes. A transaction in which the seller does not [willingly] receive money from the buyer is considered a gift which is both lawful and valid.

It is prohibited for your brothers to take the money from your mother by force; using violence against her for this act is among the major sins that the Prophet (peace and blessings be upon him) warned against. Your brothers will thus combine between being undutiful towards their mother and consuming her money unjustly since they are not entitled to force her to either buy or sell what she owns.

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