His brothers illegally sold a piece of land owned by his sick father
28-10-2007 | IslamWeb
Question:
First of all, I would like to thank you for your site and services. Facts My 2 old brothers witnessed the sale of a piece of land belonging to our father who suffers from Azheimer. My 2 brothers implicated our mother who was a witness to the transaction as well. I have tried very hard to explain to them that what they have done is illegal and is against the teaching of Islam. They claim that my parents are in need of money (this is untrue) and they say that it is not of my business to say anything or to complain. When I mentioned that I might take action to have the sale nullified, my oldest brother told me if I do so, he, my other brother and our mother as well might go to jail because of SHAHADATE AZZOUR! I, myself, am trying very hard to cancel the illegal sale of our father's land without going to court. I am reaching out to the Notary ALMOUWATIK as well as to other civil authorities without taking the matter to court. Please note that my mother was a victim in this matter and was sick at the time of the sale and brainwashed by my 2 brothers. Also note that the price of the land was cheap (most likely, a deal under the table took place). Moreover, my father never wished to sale the land that is located in an urban area. In the contrary, he told us in the past that if any of us (4 brothers and 3 daughters) need a place to build a home, we might use this land or another land nearby belonging to our father as well. My question is: I would like you to advice me how far I can take this matter? Can I take the matter to court as a last resource? I am afraid that my 2 brothers do the same thing with the other land using our mother again. I really want to stop this once for all since I am afraid this will be a normal thing in the family from fathers to sons and so on... Jazakoumou Allahou Khairan NB. Please note that my family lives in Morocco and I am the only child living abroad in Canada.
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 
is His slave and Messenger.
You should advise your two brothers and clarify to them that what they did is a major grave sin and it is consuming their father's money without right. If they take heed to mend what they did, all the best, otherwise you may take the matter to the court to take proper action. It is a communal obligation upon the Muslims to protect the money of insane people, orphans, and those who are not eligible or competent to protect their money, and the like. Allaah Says (what means): {And do not give the weak-minded your property, which Allaah has made a means of sustenance for you, but provide for them with it and clothe them and speak to them words of appropriate kindness.}[Quran 4:5]. The money of the above-mentioned categories of people in the verse is attributed to those who are addressed to keep it for them “your property” as a way of exaggerating in protecting their money.
This communal obligation becomes an individual obligation when others are unable to do this task. This is exactly your case, if you do not take the case to the court, your father's money will not be protected, in addition to this, you are obliged to be kind and dutiful to your father, which necessitates protecting his money.
As regards your mother, you have to clarify to the court that your mother was cheated and that she was too ill to realise what she was doing; this will wave her from the consequences of false testimony.