A man who had two sons owned a piece of land. During his lifetime, he gave this piece of land as Rahn (mortgage) and while he was still alive the younger son paid off the debt to release that piece of land from Rahn. Now, after the man has passed away, the younger son is claiming that since he paid the debt the piece of land solely belongs to him. When paying off the debt it was also not stipulated that the father will owe him the money that he paid on his behalf. Will it be correct for the younger son to claim this?
The younger child will not be permitted to claim the land as it (paying off the debt) will be regarded to be an act of Tabarru’ (voluntary act).
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
وإن كفل بغير أمره لم يرجع؛ لأنه متبرع بأدائه والمتبرع لا يرجع.
(العناية شرح الهداية 7/188 دار الفكر)
ومن أدى دين غيره متبرعا لا يكون للمؤدي أن يرجع فيما أدى
(المحيط البرهاني في الفقه النعماني 9/63 دار الكتب العلمية، بيروت – لبنان)