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The question

Should the claimant reclaim his right from his brother at the price at which the brother sold it, or at the price at which the claimant sold his land?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If your brother sold a part of your land without your permission, his action is an aggression and an unlawful usurpation. His sale falls under the category of the sale by a usurper, which is null and void, because he sold something he does not own.

If you approve the sale, then the price for which that part was sold is yours. If you do not approve the sale, then you have the right to reclaim the usurped part from the buyer, and the buyer should seek reimbursement from your brother for the price he paid. We advise you to be content with what your brother pays to preserve the relationship between you.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
78256
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.
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Read the full answer on Ftawy