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Can a brother give his brother a plot of land in exchange for the recipient waiving a sum of money he had previously given him, and for the difference in the price of the land that has increased?

1 min readAlso available in العربية

If what transpired between you and your brother four years ago was a sales contract, then the land is yours. It is not a condition for registering the sale that it be in the seller's name with the official departments. As for the right of pre-emption (shufa'a), it is established for a partner in real estate before its division. However, after division, pre-emption is not obligatory for a neighbor according to the majority of scholars, based on Jabir's statement: "If the boundaries are set and the paths are allocated, then there is no pre-emption." Therefore, the neighbor does not have the right of pre-emption over land whose boundaries are distinct from his own. The sale should be officially documented to secure rights.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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