Answered according to Hanafi Fiqh by

Q: My question is my father put the house in mortgage to the bank. One year later he passed away. The loan amount was equal to the house value. No money was paid back to the bank. The bank kept asking for money for several years and finally they sent a letter to posses and auction the property. We were about to loose the house. During that time I came to USA and was able to pay the bank and got the house back from the bank. I allowed my married sister to live on the 1st floor of the house for no rental money, since we all came to USA including my mom and 2 brothers. For few years my mom took the 2nd floor rental income. But after that my sister started to use the rental income for her family. She used the rental income for 20 years. My question is that when I paid for the house to the bank, does the house belong to me or it should be divided according to the Islamic law. I don’t want to do un justice to any of my 2 brothers and 2 sisters. Please advise thank you.


A: It must be distributed Islamically, and if you paid the loan to save the house on behalf of the estate then the estate should pay you out.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)