Fatwa No : 83819
The ruling regarding a form of debt between brothers.

The ruling regarding a form of debt between brothers.

Respected Mufti Sahib, I respectfully request your guidance regarding a matter concerning my four brothers i.e Mohammad Iqbal, Moeenuddin, Waqil Ahmad, and Zainul Abideen, sons of Barkatullah, residing at Sector E-71, Plot No. 234, Orangi Town, Karachi. This house is leased in the names of the four brothers. Our mother had divided the house during her lifetime. For the past 15 years, there has been an outstanding electricity bill, as well as an unpaid gas bill for this house. During this time, Waqil Ahmad and Zainul Abideen moved to another house. They asked us to pay the bills, requesting that all of us contribute equally. At that time, we were unemployed and unable to pay the bills. We assured them that once our situation improved, we would pay the bills, inshaAllah. When the military operation began, we paid off all the outstanding bills for both electricity and gas. Moeenuddin, however, still resides in this house. We suggested to him that he get a separate meter installed and pay his share of the bills. However, until today, he has never contributed towards the electricity or gas bills, even though he uses them equally. In our father's final moments, he expressed the desire for Waqil Ahmad to marry during our lifetime. However, there were no arrangements in place. One of our relatives suggested that we take jewelry from our daughter-in-law’s side, which we did to preserve our family's honor. Unfortunately, this jewelry has still not been returned. Waqil Ahmad then insisted that we contribute our share of the house, and once we do, he would return the jewelry and also settle the electricity and gas bills. We requested another relative to recover the jewelry in exchange for cash. He agreed to help but stated that this could only be done once we settle our share of the house. Therefore, I respectfully ask you to advise us, based on the teachings of the Qur'an and Hadith, whether we are obligated to pay for the electricity and gas bills, or not. We are ready at any time to give our share of the house and the jewelry. JazakAllah Khair.

الجوابُ حامِدا ًو مُصلیِّا ً

In the case mentioned, if any of the brothers, or the petitioner, paid the bills with mutual consent and with the intention of the other brothers owing the debt and its repayment, then this amount is considered a debt owed by the others, and its repayment is obligatory according to Islamic law. Similarly, when Iqbal gave jewelry to Waqil Ahmad during his marriage by borrowing it from someone else, and this was clearly stated as a loan, this becomes a debt solely on Waqil Ahmad, and its repayment is obligatory upon him. In case of non-repayment, legal action can be pursued. However, if the giving of jewelry and payment of bills was done merely as an act of brotherhood or cooperation with the father, then this is considered a voluntary act (Tabarru’), and a favor. Nevertheless, it would be better if the other brothers contribute something of their own towards this, and this is what should be done. After this, the house should be divided with mutual consent among the brothers.