Does an elder brother, who owns the larger portion of a house purchased for his parents and younger brother to live in, have the right to object to his younger brother and his wife living in this house, while the father believes he has no such right, citing the hadith: "You and your wealth belong to your father"?
What your brother did, participating with his father in buying a house, is a righteous deed. This act falls into two possibilities: either it is a gift to his father, in which case the house becomes the exclusive property of the father, or he retains his share, in which case it remains his property and cannot be disposed of except with his permission.
It is permissible for a father to take from his son's wealth what he needs, provided that he does not oppress or harm the son, and does not take it to give to another son. The father must also be in need of the money.
It is not permissible for a father to favor one child over another in giving, unless with their permission, or due to one of their urgent needs. In such a case, it is permissible to allocate to the needy child what fulfills his need, such as housing or its rent.
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- Original fatwa ID
- 20836
- Imported
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