Fatwa #2254630 September 2012India
I gavemy brother a property and now he wants to pay me back.
Question
I purchased a property from my funds for my brother and in his wife's name. I had all intentions that the property for all purposes shall belong to my brother. Now my brother wants me to take money for the said property and insists that I should take the price of the property as on date.
I am not intending to take money, but since he is insisting, will it be proper for me to take the current market price or the price I paid at the time of purchase few years back. Kindly show me the true path.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh.
You purchased the property and gave it to your brother as a gift. You have expressed your love for him through the gift.[1] He too wishes to express his love for you by offering you something in exchange. You may accept whatever amount he offers you.
Hazrat Abu HurairahradhiAllahuanhu narrates that Rasulullahsallallahualaihiwasallam said:
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: تَهادُوا تَحابُوا[2]
Translation: “Give each other gifts and the love between you will increase.”
And Allah Ta’āla Knows Best
Checked and Approved by,
Mufti Ebrahim Desai.
References
- (الأدب المفرد بالتعليقات، ص306، مكتبة المعارف)