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Fatwa CenterWants to sell property but mother objects
Question
I am a mother of four living in US. We have a big apartment in our homeland. But when we shifted to US (almost 5 years ago) my mother in-law shifted to our apartment there. She has her three-storied house which she has kept locked. My married sisters in-law and brothers in-law also stay in my apartment with my mother in-law. They too have their own homes to live, still they all live in our apartment. Now we want to buy a house here in US and are in need of money for down payment. I suggested that we can sell our apartment of homeland, as we do not intend to go back there. My mother in-law does not like to leave that apartment although she does not stay there always because it is like a guesthouse for her married children. She stayed here six months, and then she leaves to Saudi Arabia and stays there six months. She stays in that apartment for six months yearly. In this case is it OK for us to sell our apartment? Will it be fair for my husband to deprive us of a home to keep his mom pleased?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
If the man in question meets all his family’s needs (expenditure and accommodation), then what he is doing is legal because he is free to dispose of his properties as he wishes. Perhaps what he did is good and recommendable because it is part of his obedience to his mother which is highly praised in Shariah.
However, if the price of this house is desperately needed to satisfy the needs of his family then it is obligatory upon him to sell this house to satisfy those very needs. If he can get the money another way he should not sell it. Allah Says (interpretation of meaning): {……but the father of the child shall bear the cost of the mother's food and clothing on a reasonable basis…..}[2:233].
There is no disobedience to his mother, because Shariah binds the obedience of parents to the Ma’aruf (things that do not contradict Shariah). The Prophet (Sallallahu Alaihi wa Sallam) said: "The obedience is in good deeds only".
Allah knows best.
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