Is silence out of shyness regarding the acceptance of an equal division of land—despite a difference in payment—considered an acceptance that forfeits the right to claim the difference later, and what is the legitimate Sharia right in this case?
It appears that the questioner and his brother divided the land between them according to the value each paid. Then, the father objected to the questioner taking more than his brother and ordered him to divide the land equally, and the questioner agreed out of shyness towards his father. Based on this, what is taken by the "sword of shyness" (i.e., out of embarrassment or deference) is not owned by the taker, nor is it permissible for him to dispose of it. It must be returned or compensated for.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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