Is it permissible to claim the cost of repairing the two houses and the farm, which was previously paid, when the delayed inheritance is divided, taking into account the fluctuating value of the repairs and the difficulty of itemizing what was paid for the farm by mutual consent among the brothers?
What you spent on repairing the two houses and securing their boundaries, for fear of encroachment, if it was necessary and with the intention of recourse against the heirs, then you can reclaim what you paid. However, if it was without the intention of recourse, then it is a donation. A partner is compelled to maintain joint properties. So, if a partner spends on building another partner's share with their permission, or with the permission of the ruler, or with the intention of recourse, they can reclaim what they spent. And if the males spent on the farm without the females, and the harvest was distributed to everyone, if it was with the intention of recourse, then they are entitled to it; otherwise, it is a donation from them. It is preferable that you forgive what you have spent, as it is difficult to ascertain it now.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/18732
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 18732
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy