Objecting to One’s Father
Question: My father sold the house we were living in, together with his orchard, for a paltry price without telling me. I have remained by his side, obedient to him—praise be to Allah—and he now owns nothing else. I am in need of both properties and am able to repurchase them from the buyer for the very price stipulated in the contract. Sadly, my father will not agree. His only argument is that he raised me and educated me at his own expense and therefore owes me nothing further, even though I am in desperate need of this home. I ask you: is that sale contract valid or invalid? Do I not have a claim against the third party who bought the house in which I was born and raised? Do I have a right of pre-emption (shufʿah)? More than ten months have already passed since the sale—does that lapse of time have any bearing on my ability to reclaim the property? Please advise us; may Allah bless you.
Answer: What you have mentioned, dear questioner, of your dutifulness toward your father—staying with him and supporting him—is something that is obligatory upon you. You are to be commended for it, and, Allah willing, you will be rewarded by your Lord.
As for your father having sold his house and orchard for a small sum without informing you, and whether you have the right to object or to invoke pre-emption:
The answer is that, so long as your father is of sound judgment in his transactions and in his mind, you have no right to object to him. His sale is considered valid and binding, and you have no grounds for objection as long as he has not been legally interdicted for prodigality or incapacity. Nor do you have a right of pre-emption, because you are not his partner in that house or in that orchard. The right of pre-emption applies only to a partner, and you are not