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The question

What is the Shar'i ruling regarding the older brother's demand for land, an apartment, and a shop in exchange for a sum of money he had paid to his father 14 years before his father's death, and his claim to be entitled to the price difference, knowing that his father also left a new house, and how is the inheritance to be divided in this case?

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

Disputes are settled in Sharia courts, and a Mufti does not issue a precise ruling. Striking one's mother and supplicating against one's father are grave sins. The brother must repent and seek his right gently. Consideration must be given to the brothers' acknowledgement of the debt the brother claims against his father, and its amount. If the debt is proven, it must be paid before the division of the inheritance. The debt is paid with the same amount that was lent, and the brother is not entitled to claim the difference in price unless the currency's value has severely depreciated. The brother is not entitled to compel the taking of a property or land in exchange for his debt; rather, he receives cash. If he wishes to take something else, it is a compensatory settlement that has its own rulings.

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Ftawy
Original fatwa ID
188670
Imported
Translation status
Source text, unreviewed
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