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What is the legal ruling regarding a house that was purchased for a brother by the purchasing brother, with the money considered a debt, and with an agreement to pay part of its price from the beneficiary brother's share in the deceased father's house? And are the heirs of the deceased brother obligated to pay for his exorbitant treatment costs, especially as they are demanding the entire house without considering those debts and expenses?

1 min readAlso available in العربية

Firstly: None of the deceased's heirs are entitled to take anything from the estate except after settling their debts, as Allah Almighty says: "after [the fulfillment of] any bequest he [may have] made or debt."

Secondly: A mother's gift of her share in the father's house to her son is not completed except through possession. If the son did not take possession of it before his death, he does not own it, and consequently, it does not become part of his estate.

Thirdly: The expenses for the treatment of a poor patient who has no money are attached to the obligatory spending on their capable, inheriting relatives. The wife is not obligated to spend on her husband or to settle his debt. If the deceased has a son, the questioner is excluded from inheritance, and he is not obliged to spend on him unless he spent on him with the intention of recourse, in which case he has the right to claim what he spent if he can prove it. However, if the wife's son is not from the deceased, the questioner inherits and is obliged to spend on him if he is among the capable heirs.

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

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