Subject : Should she Give the House back to her Mother although Afraid of Brothers` Injustice upon Division of Estate?

Fatwa Number : 452

Date : 24-01-2010

Classified : "Hibaa"Donation, Grant

Fatwa Type : Search Fatawaa

Question :

After my father had passed away, the estate was divided according to the provisions of the Jordanian Law although some of the heirs have unlawfully seized a large portion of it. Since things weren`t going alright between my brothers and my mother, she-with the consent of her big brother, my sisters, and her son in law who is a lawyer-decided to register the house in my name so that I keep it as a continuous charity after her death. After four years, things have changed a lot. My brothers forced her to take the house back. She claimed that she wanted to register it in the name of all the heirs. Should I give it back to her although it is likely that she gives it to my sisters? Or, should I register it in the name of the heirs and hers? This is because I don`t wish to incur Allah`s wrath or my mother`s for all I want is my lawful share.

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Based on your question, We (Iftaa` Department) understood that your mother had registered the house in your name to preserve it. In other words, it is a trust (Wadee`ah) from the inside, but looks as a gift from the outside. Now, she wants it back to dispose of it as she likes. 

If this is the case, We recommend that you give it back to her to win her pleasure and make sure that the trust is given back to whom it belongs. After that, she can do whatever she wants with it.

If We say that the house is a gift, then it is permissible for the parent to take back the gift he had given to his child.

Your mother should fear Allah and turn a deaf ear to the persistence of some heirs to be unjust to others. She should try to win their hearts and bring them together in a manner that pleases Allah primarily. 'Abdul-Wahhab bin Al-Ward narrated from a man among the inhabitants of Al-Madinah who said: "Mu'awiyah wrote a letter to 'Aishah, that: 'Write a letter to advise me , and do not overburden me.'" He Said: "So 'Aishah [may Allah be pleased with her] wrote to Mu'awiyah: 'Peace be upon you. As for what follows: Indeed I heard the Messenger of Allah (s.a.w) saying: "Whoever seeks Allah's pleasure by the people's wrath, Allah will suffice him from the people. And whoever seeks the people's pleasure by Allah's wrath, Allah will entrust him to the people. And Peace be upon you." {Related by At-Tirmithi, No. 2414}. And Allah The Almighty Knows Best.

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