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Fatwa CenterShe contributed to buy a house for the whole family
Question
I am a female who, due to financial problems, started working at a very early age. Immediately following my matriculation, I had to start working. Then I went to Saudi Arabia and worked there as well. My father from the money that I was giving them bought a house for the family in installments that he paid regularly. I married and then I paid the balance of Rs.25, 000 in order to get possession of the house. My father expired and I continued supporting my sisters and brothers. They grew up and started getting married. Due to the support that I was providing to my sisters and brothers, my husband was always furious as he was a very stingy man and made my life totally miserable because of this support. Though the amount that I was sending home from Saudi Arabia was not much he made the house hell for me. After few years this marriage ended in divorce. My mother always felt that this all happened because I was supporting them. I had to continue supporting them as there was no other person to take care of them. Before her death she used to tell everyone that the house that my father had bought was from money, and the furniture, machinery, etc. that was in the house had been purchased from my money.
After giving the money or giving the furniture or household items, I never thought that they were mine. However, she wanted to make it clear to everybody that the house that she was living in and the household and the jewellery belonged to me. After my divorce I, along with my son had to live with my mother. But, still I had to work as I have mentioned that I was the only bread earner. I have a brother who never took interest in family affairs and was relaxing most of the time. After my mother's death, I still had to support the brother and sister who were not married and got both of them married after four years. Now that I have sold the house and have received the money from the sale, I get confused about the utilization of the money. If I keep it all, I feel guilty that may be I am taking their share. If I do not take it I would need it after three years for my son's study abroad. I do not want to be unfair or eat any one's rightful share. I have planned to purchase a small apartment for my brother, but then what about my sisters. Doing this would I be utilizing their share as well? I am confused and want to have my record clear. Kindly guide me as to how much is my share of that money. My mother had transferred the house in my name when she was alive. Kindly give me a fatwa regarding the money.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
What we understood from the question is that you offered an amount of money as a gift to your family who took ownership of it according to Islamic principles. And then your family bought a house and some furniture with this money. So if this is the case, then the house and the furniture bought by this family belong to them and are forbidden for you to take back, as the prophet said:" A person who takes back a gift is like a dog which vomits, then eats what it vomited." (Reported by Al Bukhari.)
The news that your mother is spreading among the people that the house and the furniture it contains belong to you has no evidence. You offered the money to them as a gift not on the basis that they buy a house for you. The house therefore belongs to all members of your family. The fact that your mother wrote the house in your name and that it was purchased by means of the gift you offered to them, does not change anything. Because this money that your family accepted and possessed is no longer yours. It became a possession of your family.
Even if we assume that the house is a property of your mother, it is not permissible for her to donate it only to you without including your brothers and sisters.
The Prophet (Sallallahu Alaihi wa Sallam) said: "Fear Allah and be just with your children;" reported by Muslim.
Therefore, your share from the value of this house should be equal to the share of your portion of inheritance from your deceased father and mother.
Allah knows best.
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