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Is the brother entitled to claim his share of the apartment that was granted to his sisters as freehold ownership instead of rental, knowing that he did not financially contribute to the family's burdens, and he was previously assisted in purchasing his own apartment?

1 min readAlso available in العربية

The questioner is thanked for her kindness towards her brothers and sisters, as it is a cause for increase in provision and blessing in lifespan, due to the Prophet (peace and blessings be upon him) saying: "Whoever wishes that his provision be expanded for him and his life span be extended, then let him maintain his ties of kinship."

Regarding her question, if the owner of the house has transferred ownership of the apartment to the tenants, and her brother was not a tenant, but rather she helped him purchase his home, then her brother has no right to the apartment.

Nevertheless, it is advised not to let this dispute cause the severance of kinship ties, due to Allah Almighty's saying: {Then would you, perhaps, if you turned away, cause corruption in the land and sever your ties of kinship?} (Muhammad 47:22), and due to the Prophet (peace and blessings be upon him) saying: "Indeed, kinship is a bond from the Most Merciful. Allah said: 'Whoever maintains you, I shall maintain him; and whoever severs you, I shall sever him.'"

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Source platform
Ftawy
Original fatwa ID
73500
Imported
Translation status
Source text, unreviewed
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