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Is the brother entitled to demand an increase in the price of the accommodation after refusing to purchase it for years, despite a prior agreement and witnesses to his refusal?

1 min readAlso available in العربية

The question is vague, but what is understood from it is that the questioner and his brother are partners in wealth and have agreed that each of them will take a certain amount from the company's funds to buy a private house, such that this will be in the first year for one of them and in the second for the other. If this is the case, then the second one does not have the right to take more than what the first one took from the company's funds except with his permission, because the principle is the equality of benefit of the partners from the company's funds. A partner does not have the right to spend more than his partner's expenditure except with his permission, otherwise, it would be treachery or usurpation. And a partner in a mufawadah partnership is like one person in commercial rulings, so everything one of them buys belongs to the company except for his essential necessities, the cost of which the buyer bears fully. And if he pays their price from the company's funds, the other partner has the right to demand his share of this price back from him.

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

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