Are the brothers entitled to demand a house as compensation for their house that was sold by their brother at their mother's request?
It is not permissible to dispose of an orphan's property except in a way that is in their best interest. The general rule is that the one authorized to manage an orphan's property is the legal guardian. If there is no guardian, then the Sharia judge undertakes this responsibility. Some jurists have stated that the caregiver of orphans can act like a guardian if custom dictates so, especially in societies where formal guardianship is neglected. Based on this, selling a house that has been damaged due to abandonment, if proven to be in the best interest of the orphans, is not sinful. However, the matter should have been presented to the Sharia court to absolve oneself of responsibility.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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