Fatwa No : 83770

I am originally from Balochistan, but I currently live in Baldia Town, Karachi. The issue is that my elder brother (named Allah Bachaya) and I started working in two different factories at the same time. A piece of land was for sale in Balochistan, but we didn’t have enough money to buy it. So, my elder brother took a loan from his factory, and I also contributed some money. That way, my elder brother bought the land.

Since the land was agricultural, I also provided the seeds etc. Once the land was purchased, the loan repayment was deducted from my brother’s salary, and I covered all other expenses during that time.

Six years ago, his factory shut down, and he received 300,000 rupees from the factory, which he used for building the current house. He has been unemployed since then, and I have been supporting him and his entire family for six years.

Now, my elder brother has sold that land in Balochistan for about 200,000 rupees.
My question is: Do I have a rightful share in this amount or not since I contributed funds at the time of purchase, provided the seeds, and have been bearing his and his family's expenses for six years? My brother, however, denies my share.
Note: At the time of land purchase, there was no formal agreement between us.

The house we currently live in is actually owned by our father, who is alive. The 300,000 rupees that my elder brother received from his factory (when it shut down), he spent on constructing this house. Now he claims that half of this house is his exclusively.
Behind the house, there is another house which is rented out. My brother also claims half the rent of that property.

The question is: Is my brother’s claim valid or not?
Please clarify the correct Islamic ruling in both matters.۔

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clear that the questioer, without any formal agreement, helped his elder brother out of mutual assistance and cooperation, and bore his living expenses. This was an act of generosity and benevolence on the part of the petitioner, for which, God willing, he will be rewarded. However, since no agreement was made at the time of the land purchase, and the land was bought solely by the elder brother through a loan, it solely belongs to him. The questioner has no right or share in it whatsoever.

2. Similarly, the amount that the questioner’s elder brother spent on the repair and maintenance of their father’s house without any formal agreement was also done under mutual help and cooperation. Therefore, his claim to half ownership is not valid according to Islamic law. Furthermore, since the questioner’s father is still alive, the entire property legally belongs to him alone. Hence, the elder brother should refrain from asserting any such claim. However, if the father—considering the elder son’s financial contributions—and likewise the elder brother—considering the younger brother’s support in the land purchase—choose to voluntarily give a share from their own property, they are entitled to do so. In fact, both the father and the elder brother should act in this fair and considerate manner.

مأخَذُ الفَتوی

في الدر المختار وحاشية ابن عابدين: (عمر دار زوجته بماله بإذنها فالعمارة لها والنفقة دين عليها) لصحة أمرها (ولو) عمر (لنفسه بلا إذنها العمارة له) ويكون غاصبا للعرصة فيؤمر بالتفريغ بطلبها ذلك (ولها بلا إذنها فالعمارة لها وهو متطوع) في البناء فلا رجوع له اھ (6/ 747)۔
و في العقود الدرية في تنقيح الفتاوى الحامدية: (سئل) في دار مشتركة بين زيد وورثة أخيه فاحتاجت للعمارة فعمرها زيد بدون إذن ورثة أخيه ولا أمر القاضي ويريد الرجوع على الورثة المرقومين فهل ليس له ذلك ويكون متطوعا؟
(الجواب) : نعم الدار المشتركة إذا استرمت فأنفق أحدهما في مرمتها بغير أمر صاحبه وبغير أمر القاضي فهو متطوع اھ (2/ 278)۔