Does the brother have the right to claim maintenance expenses he incurred on the family apartment 10 years ago, knowing that he did not intend to claim them at the time, and did not agree with his family that it was a debt?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If a brother spends money on repairing his brother's property with the intention of donating it, then he has no right to demand what he spent, as he is a donor. However, if he did not intend to donate it, then there is a difference of opinion among jurists on the matter. The Malikis and Hanbalis permit him to claim it back, while the Shafi'is and Hanafis stipulate that the owner's permission is required. Parents must be equitable between their children in giving gifts.
Summarized from the full answer at Ftawy · imported
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