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Fatwa CenterHis brother may use his father's gift in an unlawful manner
Question
My father bought some property in my home country. He wants to give me some portion of this property. However, this means I would have to visit my home country, something I don't want to do because of personal reasons. If I don't take this property, my father may give it to my brother, and my brother may misuse this property. Will I be responsible if my brother misuses the property?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If your father wishes to offer any of his children a gift, then he should give all his children gifts as well instead of favoring one of them over the others, unless there is a legitimate justification for that preference.
Anyway, if your father gives your brother this property as a gift, you bear no sin for how he disposes of it. However, if you found out that he is going to commit a religiously prohibited act, then you should forbid him from that and inform him that what he is doing is prohibited under the Sharee‘ah.
Allaah Knows best.
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