Question: Our home was acquired by our deceased father under Pagadi tenant system, 80 years ago with a Pagadi payment of approximately 50,000 rupees. For many years, all of us, brothers and sisters lived there. The sisters were married and moved away. 6 out of us 8 brothers also moved away. For the last 20 years, 2 of us brothers lived there with our families and continued to pay rent as the tenancy was transferred to us. After 80 years, the landlord required us 2 brothers living there to leave and offered to pay a large sum. We do not have another home and need to use the money to buy a home. Do we have to give our other brothers and sisters who moved into their own homes any share of the payment from the landlord? If we do have to pay them inheritance, will the inheritance be calculated based on the amount received from the landlord or will it be based on the original Pagadi amount paid 80 years ago (50,000)? JazakAllah-khair
ANSWER :
Bismillah hir-Rahman nir-Rahim !
In the question mentioned above, if the owner wishes to reclaim the house, you must vacate it. In such a case, you are entitled only to the amount your father originally paid. Upon receipt of that amount, it must be distributed among the heirs. It is not lawful to demand an excessive amount from the owner by taking advantage of his vulnerability. However, if you have made any construction or renovation work in the house, you may determine those expenses separately.
قال رسول الله صلى الله عليه وسلم “ألا تظلموا ألا لا يحل مال امرئ إلا بطيب نفس منه” . رواه البيهقي في شعب الإيمان والدار قطني في المجتبى . (مشكاة المصابيح: 255) قال تعالى: وَلاَ تَأْكُلُواْ أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ [البقرة : 188] قال القرطبي ضمن هذه الآية: من أخذ مال غيره لا علىوجه إذن الشرع فقد أكله بالباطل . (تفسير القرطبي 2/338)
