My Brother Has Been Investing My Mother’s and Sister’s Inheritance for 18 Years, and They Want It Back; What Is the Ruling?

Question: Our respected Shaykh, I have a question and am also seeking advice at the same time. I apologize if I go into detail, but this matter is truly troubling us. A short while after we received our shares of inheritance from my father, may Allah have mercy on him, my younger brother, who works in business, took the shares belonging to my mother and my older sister, who is unmarried. He used that money in his business and to purchase land. My mother and sister live with him in the same house that he built, and he spends on the household, even though my sister works and has her own salary. However, she and my mother feel too shy to ask him for their inheritance, even though it is their right. Eighteen years have now passed! We constantly discuss this matter, and they both want their shares, but they do not want to embarrass him because they still live with him in the same house. Although, as far as I know, it is his duty to spend on them. He does not object to doing so and is generous. However, one of my brother’s problems is that he sometimes deals with fraudulent people who do not repay their debts, and consequently he suffers significant losses, although he is hardworking, Alhamdulillah. Because of this, my mother and sister become distressed, as they have not benefited from their money. My brother is divorced and has a child, and our lifespans are in the Hand of Allah. We know my brother’s ex-wife well, and if, Allah forbid, my brother were to pass away, she would not give them anything. My mother also has no income. Does my brother have the right to continue in this situation? Do I have the right to intervene so that we can resolve this matter and both my mother and sister can benefit from their inheritance, since they very much want this? May Allah reward you with the best reward and bless you.

Summary:

If the mother’s and sister’s shares of the inheritance have become their property, then the brother is not permitted to withhold their money, dispose of it, or invest it except with their genuine consent. The fact that they feel shy to ask him, have remained silent throughout these years, or that he spends on them and provides them with accommodation does not mean that they have relinquished their right to the money, nor is it considered open-ended permission for him to continue investing it. If he took the money as a loan, then it is a debt that he owes and must repay when its term becomes due or when they request it, according to the agreement. If he took it with their permission in order to trade with it on their behalf, then this is a matter of Mudarabah or agency, and the ruling concerning the profits and losses depends on the actual nature of their agreement. However, if he disposed of and invested the money without valid permission from them, this is not permissible, and he must return the original amount. The profits generated from it must also be considered. Shaykh Ibn Baz, in the fatwa “The Ruling on Investing a Deposit Without the Owner’s Knowledge,” stated regarding a person who invested a deposit without its owner’s permission that he should seek the owner’s pardon; if the owner does not pardon him, he should give him the profit generated from his money or they should reach a mutually agreed settlement. You may intervene by offering advice, seeking reconciliation, and calmly seeking to preserve the rights of your mother and sister. Rather, this is a form of cooperating in righteousness and showing kindness toward them, especially since they want their money returned but feel too shy to confront him.

Answer:

First: The Mother’s and Sister’s Shares of the Inheritance Are Their Exclusive Property

From the Qur'an:

[An-Nisa: 7]
“For men there is a share of what the parents and close relatives leave, and for women there is a share of what the parents and close relatives leave, whether it is little or much—a prescribed share.”
Allah, the Exalted, described inheritance as a prescribed share. Therefore, once the mother and sister are entitled to their respective shares, those shares become their property, and none of the other heirs may dispose of them except with their permission.

From the Sunnah:

Shaykh Al-Albani authenticated it in Sahih Al-Jami’.It was narrated from Hanifah, the paternal uncle of Abu Hurrah Ar-Raqashi, may Allah be pleased with him, that the Prophet ﷺ said:
“The property of a Muslim is not lawful except with his willing consent.”

From the Scholars:

For this reason, Shaykh Ibn Baz, may Allah have mercy on him, stated in the fatwa “Is a Husband Permitted to Dispose of His Wife’s Wealth?”
He said regarding the wife’s wealth: “He is not permitted to dispose of her wealth except with her permission... Her wealth belongs to her.”
If even a husband is not permitted to dispose of his wife’s wealth except with her permission, then it is even more evident that a brother is not permitted to dispose of the wealth of his sister or mother merely because of their family relationship.

Second: The Mother’s and Sister’s Silence Out of Shyness Does Not Mean That They Have Relinquished the Money The questioner’s statement that they want to take their money but feel too shy to embarrass the brother is very important. Based on what is mentioned in the question, this indicates that they did not gift the money to him or relinquish their rights to it. Rather, they remained silent out of shyness and consideration for him. A gift or voluntary contribution of wealth is only valid when given willingly.

From the Qur'an:

[An-Nisa: 4]
“But if they give up willingly to you anything of it, then take it in satisfaction and ease.”
Shaykh Ibn Baz cited this verse in the fatwa “Taking a Woman’s Wealth With Her Consent” as evidence that a woman’s wealth may only be taken with her consent and willing approval. Accordingly, the mere passage of eighteen years does not cause their rights to lapse, nor may their silence be regarded as a gift so long as they are seeking their rights and wish to recover them.

Third: The Capacity in Which the Brother Took the Money Must Be Determined This is an important point, as the same ruling cannot be applied to every possible situation. If he took the money as a loan: The basic principle is that it is a debt that he owes, and he must repay its equivalent. Their right to demand repayment does not lapse because he suffered losses in his business, because he borrowed the money for himself and consequently became responsible for repaying it. If they gave him the money to trade with on their behalf as a Mudarabah: The ruling differs, because a trustworthy Mudarib is not liable for a business loss if it occurred without transgression or negligence on his part. Ibn Qudamah transmitted that the Mudarib does not become liable for the capital merely because a loss occurred; rather, he becomes liable in the case of transgression or negligence. However, if he took or invested the money without valid permission from them: This is not permissible in the first place.

From the Scholars:

Shaykh Ibn Baz was asked in the fatwa “The Ruling on Investing a Deposit Without the Owner’s Knowledge” about a person who invested a deposit entrusted to him without the owner’s knowledge. He said:
“You are not permitted to dispose of it except with his permission.”
He then mentioned that if the person disposed of it without permission, he must seek the owner’s pardon. If the owner does not pardon him, he should give him the profit generated by his money or reach a settlement with him. This fatwa closely resembles the fundamental issue mentioned in the question.

Fourth: Their Rights Should Be Documented Now and the Matter Should Not Be Left Unresolved This is especially important considering that eighteen years have passed and, as the questioner mentioned, the brother enters into business transactions in which he may suffer losses. Leaving the money undocumented exposes their rights to loss and future disputes after his death.

From the Scholars:

Shaykh Ibn Baz was asked in the fatwa “He Invested His Wife’s Money Without Documenting It” about a man who took his wife’s money and invested it together with his own without documenting it. He said:
“It is obligatory upon the husband, if he has money belonging to his wife, to record that and clarify it in a reliable document so that it may be handed over to her after his death.”
This confirms the importance of ensuring that the rights of the mother and sister do not remain unknown or mixed together with the brother’s wealth. It is preferable for one of two things to happen: either he returns their money to them, or the right of each of them is clearly and properly documented if she willingly chooses to allow the money to remain with him.

Fifth: His Spending on Them Does Not Cause Their Rights to the Inheritance to Lapse The brother’s generosity, spending on the household, and kindness toward his mother and sister are matters for which he should be thanked. However, maintenance is one matter, while ownership of their wealth is another. Therefore, it is not correct for him to say, “I spend on both of you, so I will keep your money invested in my business,” unless they explicitly consent to that. As for the mother, if she is poor and does not possess sufficient wealth, then her maintenance is obligatory upon her financially capable children according to their circumstances. Ibn Al-Mundhir transmitted scholarly consensus that financially capable children are obligated to provide maintenance for poor parents who have neither wealth nor earnings. In a very similar issue, there is a fatwa concerning a brother withholding the rights of the heirs on the grounds that he spends on the mother. A question was asked regarding a brother who withheld his sisters’ shares of the inheritance from their father on the grounds that he spends on their mother. The answer stated: “Your brother is not entitled to withhold the rental income on the grounds of maintenance. Rather, he must give each heir his share.” As for the sister who has a salary sufficient for her needs, it is not correct to state unconditionally that her brother is obligated to provide for her. This is because the obligation to maintain relatives is subject to conditions, among the most important of which are that the relative is in need and does not possess wealth or earnings sufficient for them. Ibn Qudamah mentioned that one of the conditions for the obligation to maintain a relative is that the relative be poor and possess neither wealth nor earnings sufficient to make them independent of such maintenance. Sixth: The Concern That the Brother May Die Is an Additional Reason to Document the Rights, but His Ex-Wife Is Not One of His Heirs The question mentions the concern that the brother may die and that his ex-wife would not give the mother and sister anything. It should be clarified here that if the divorce has been completed and the woman has become unrelated to him in terms of marriage, then his ex-wife is not one of his heirs in the first place. His son, however, is one of his heirs. More importantly, the money belonging to the mother and sister that is in the brother’s possession is not part of the brother’s estate in the first place. If it is established that the money belongs to them or that he owes it to them as a debt, then it must be taken out and returned to them before his estate is divided among his heirs. Allah the Exalted says in the verses concerning inheritance:

From the Qur'an:

[An-Nisa: 11]
“After any bequest he may have made or debt.”
Therefore, documenting the debt and the rights now protects the mother and sister from future disputes.

Seventh: May the Questioner Intervene? Yes. He may intervene in order to bring about reconciliation, offer advice, and preserve their rights, so long as the mother and sister want him to do so.

From the Qur'an:

[An-Nisa: 114]
“There is no good in most of their secret talks, except one who commands charity, goodness, or reconciliation between people.”
[Al-Ma’idah: 2]
“And cooperate in righteousness and piety.”

However, it is preferable that the intervention be conducted gently and wisely, without accusing the brother of betrayal, especially since the questioner describes him as generous, hardworking, and someone who spends on his family. He may be addressed kindly with words to the following effect: “Your mother and sister now want to benefit from their money. It has remained with you for a long time, and we want to resolve this matter in a good manner and document everyone’s rights so that no dispute arises in the future.” If he is able to return the money, he should give it to them. If he is unable to repay it in full immediately, then the precise amount owed to each of them should be determined, a clear written acknowledgment of the debt should be made, and a repayment schedule to which they genuinely consent should be established. The matter of the profits should also be settled according to the true nature of the previous agreement. Conclusion: The brother is not permitted to continue withholding the inheritance shares of his mother and sister or disposing of them merely because he spends on them, so long as they want their money returned and have not willingly relinquished their rights to it. The exact nature of the money must be determined: Was it a loan, a Mudarabah entered into with their permission, or money that he invested without their permission? This is because the ruling concerning profits and losses differs depending on the circumstances. As for their original right to the money, it must not be lost. Steps should be taken now either to return the money or to document it properly, together with a repayment plan to which they consent, especially after eighteen years have passed. The questioner may intervene to bring about reconciliation and preserve the rights of his mother and sister. Rather, it is good for him to do so as long as they want his assistance. However, his intervention should be conducted with wisdom and gentleness, while maintaining his brother’s dignity and acknowledging the kindness he shows toward his mother and the members of his household.

And Allah knows best.

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My Brother Has Been Investing My Mother’s and Sister’s Inheritance for 18 Years, and They Want It Back; What Is the Ruling?

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From the Qur'an:

From the Sunnah:

From the Scholars:

From the Qur'an:

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From the Qur'an:

From the Qur'an:

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