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The question

Are the brothers entitled to demand a house as compensation for their house that was sold by their brother at their mother's request?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is not permissible to dispose of an orphan's property except in a way that is in their best interest. The general rule is that the one authorized to manage an orphan's property is the legal guardian. If there is no guardian, then the judge undertakes this responsibility. Some jurists have stated that the caregiver of orphans can act like a guardian if custom dictates so, especially in societies where formal guardianship is neglected. Based on this, selling a house that has been damaged due to abandonment, if proven to be in the best interest of the orphans, is not sinful. However, the matter should have been presented to the Sharia court to absolve oneself of responsibility.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
73415
Imported
Translation status
Source text, unreviewed
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