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I gavemy brother a property and now he wants to pay me back.

Answered as per Hanafi Fiqh by Askimam.org

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.  




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


Saanwalibn Muhammad,

Student DarulIftaa


Checked and Approved by,
Mufti Ebrahim Desai.



)البحرالرائق, ج.٧, ص.٤٨٣,دارالكتبالعلمية(


[2](الأدب المفرد بالتعليقات، ص306، مكتبة المعارف)

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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