What is the most religiously correct way to end the problem of my brother's default on payments for the truck, a quarter of which was sold to him, taking into account the current depreciation in the vehicle's value? Is it permissible to reclaim his share in exchange for the remaining installments and consider the installments he has paid as compensation for the income he received, or to reclaim his share after refunding the installments he paid and demanding from him what he earned in revenue (while bearing the burden of price depreciation)?
It is permissible for you to purchase your brother's share of the car that you sold to him, and the price will be the amount he owes you. This does not fall under the forbidden bay' al-'inah (buy-back sale) because there was no collusion to repurchase, and the time difference between the two sales and the change in prices distance the transaction from bay' al-'inah. The Al Baraka Symposium on Islamic Jurisprudence has issued a fatwa permitting this if a period has passed after the murabahah sale during which prices typically change.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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