What is the ruling of the Sharia on the refusal of the son, who is authorized to receive his deceased father's pension, to pay the installments of his father's housing loan, and his deceitful attempts to make the heirs waive their shares, and his filing of a lawsuit against his sister who is demanding her right, burdening her with late payment penalties despite his own enjoyment of the house?
The money left by the father after his death is the right of the heirs, and none of them are permitted to benefit from it before its division except with the consent of the others. If the brother disposes of the inheritance without permission, he has erred, and he must distribute it after settling the principal debt. The late payment penalty is not permissible to be paid, and if they are forced to pay it, it is incumbent upon the brother because he caused it. The questioner is not legally obliged to take less than his share. The brother must pay the rent for the house and add it to the inheritance. Care should be taken to reconcile, and if that is not possible, it is preferable to refer the matter to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 62775
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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