What is the ruling on the action of a husband who built a house on land he owned, then relinquished it to his brother who took a usurious loan guaranteed by it and did not repay it, with the wife fearing the loss of ownership of the house, and how should she act?
If the husband relinquished his land to his brother as a complete gift and the brother took possession of it, then the husband is not permitted to revoke it, and the wife is not permitted to pursue such a revocation. However, if the gift was for the purpose of an usurious loan, then the husband has committed something forbidden and must repent. And if the relinquishment was merely a temporary loan, then the husband has the right to reclaim the land, and the wife may urge him to do so. To return the mortgaged land, the brother must repay the loan and not abandon repayment under the pretext that it is not his land. These matters should be resolved between relatives in a way that preserves affection and prevents the severing of kinship ties, which is forbidden by . If the husband lied to his wife about owning a house, he must repent and seek her forgiveness.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 92924
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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