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My brother insists on moving into my mum home and that we should look for alternate care for our children?My brother and his wife is adamant that all that is in the house is theirs

Answered as per Hanafi Fiqh by Askimam.org

My brother lives in a cottage of my mum’s house. He has four kids. Unfortunately, he does not contribute to my mum’s house. My mum, a widow, is reliant on insurance money and money I give her each month to make ends meet. If I don’t provide there will be no food in the house. My mum looks after my and my sisters children during the day, as we work. My brother has insisted that he and his wife will move into my mums house and my baby brother should move to the cottage. My mum is fine with this but has indicated that she will remain in the main house (3 bedrooms). My brother has also given us (sisters) an ultimatum to find alternate care for our children, His wife will move into the main house and he does not want us to visit my mum, as the house will be his. Unfortunately my sister is not in a position to leave work. Without her income her husband will not be able to fully provide for them. My mum is in a quandry. My brother insists that my mum should give him a sum of R150 000.00 (all my dads inheritance) so that he can invest in a shop and a truck to run his business, he will then, he claims support my mum. My sister has indicated that I should not contribute to my mums household needs (groceries, milk and bread, accounts), as only then will my brother realise that he is not helping her, and that without our help she will not manage. I love her dearly and know that this is killing her. My brother and his wife is adamant that all that is in the house is theirs.

Answer

If the house belongs to your mother, she has the right to decide who may live with her. If she granhts permission to your brother to move in with her, then he may do so. However, it is improper for your brother to issue any ultimatum to you.

It is also improper for him to insist on your mother to give him your father’s estate of R150,000 if he is not entitled to the amount. The amount belongs to all the heirs, wife and children. It is, in fact, Haraam upon your mother to accede to his demands. If she does so, she will be sinful.

If your mother has no source of income, she may charge rental to her children for staying in her house. She does not have to be dependant and at the mercy of her children. If your brother does not contribute to the expenses of the house, you should not stop contributing as your mother will suffer the consequences. Consider your contributions as charity and an opportunity to serve your mother.

and Allah Ta’ala Knows Best
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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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