Fatwa No : 84171
The ruling on funds spent for the care and support of siblings.

The ruling on funds spent for the care and support of siblings.

My parents have become dear to Allah(they passed away), my respected mother in 2003 and my respected father in 2010. We are six brothers and four sisters. Since the lifetime of my parents, I have been bearing the household expenses. Even the smallest household item was purchased with my own money, and I provided all the necessary items for my brothers and sisters as well. Now my brothers are asking for their share of the house. I tell them, “You are asking for your share, but what about all the years I supported you and fulfilled your needs?” They reply that it was my duty. I tell them that the amount I spent on you over the years is approximately seventy (70) lakh rupees, so first give me my money. I want to know whether my demand is correct or not.

الجوابُ حامِدا ًو مُصلیِّا ً

It was not obligatory upon the questioner to spend on his adult brothers and sisters. Therefore, instead of acknowledging his favors, it is inappropriate for his mentioned brothers to hurt him by saying that it was his duty. It should then be clarified that regarding the amount the questioner spent on supporting his brothers and sisters, the ruling is as follows: If, prior to the spending, the questioner had an agreement with them that the amount spent would be recovered at the time of the distribution of the inheritance, or if it was explicitly stated to be a loan, and he also possesses proof of this, then in such a case it would be permissible for the questioner to demand repayment from his brothers or to deduct it from the inheritance. However, if no such arrangement was made, then the amount he spent is considered cooperation, voluntary assistance, and an act of kindness towards his siblings, for which he will be rewarded, but it is not permissible for him to demand it back from them. Nonetheless, if the siblings, in view of his favours, willingly wish to give him something extra from the parents’ inheritance through mutual settlement and reconciliation, they are allowed to do so, and such action is permissible and valid according to Islamic law.

مأخَذُ الفَتوی

كما في بدائع الصنائع في ترتيب الشرائع: (ومنها) ما هو في معنى العوض، وهو ثلاثة أنواع: الأول: صلة الرحم المحرم فلا رجوع في الهبة لذي رحم محرم من الواهب وهذا عندنا اھ (6/ 132) والله اعلم بالصواب