Question:

What do the scholars of shari’ah say regarding the following scenario? A man was financially supported by his two brothers. They had a written agreement where they had promised to do this, and it was agreed that nothing was to be paid back. They are now asking for the money they have spent on him to be returned. They claim that the money spent was a gift and they would like it back.

Are the brothers allowed to request the money to be paid back after gifting it? Does the written statement where they agreed to help their brother without any further conditions still stand?

Answer:

In the scenario which has been given, the siblings agreed to help their brother, and nothing was expected in return. Moreover, they have signed a document with the brother as a witness that they will support him and not receive anything in return. Considering this, the siblings cannot demand any money back from the brother they supported. It is also incorrect to argue that as this was a gift, they have a right to ask for it back. When something is gifted to a blood relative, one cannot ask for it back.

And Allah knows best.

Dr Musharraf Hussain Al-Azhari
Director of British Fatwa Council