Must I pay half the costs of repairing and renovating the private car, half of which I bought from my husband in exchange for a debt he owed me?
If the questioner becomes the owner of half the car, then her ruling concerning her ownership is the same as her husband’s. For each of them, there is the gain of what they own and the burden of its loss. This includes license renewal fees and necessary maintenance. The disagreement among jurists lies in the ruling concerning compelling a partner who refuses to spend when the shared property requires it. The Hanafis have a detailed view: if the shared property is divisible, then the refusing partner cannot be compelled, and the property is divided so that each partner takes care of their share. If it is not divisible, then the partner is compelled to participate in the expenditure. The Malikis agree with the Hanafis and add that the judge may sell the share of the refusing partner to someone who will spend. As for the Shafi‘is and Hanbalis, they have a detailed view regarding the maintenance of animals and other things.
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
- 193403
- 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