The World Federation One Stop Fiqh

Ask an Alim

What is my legal responsibility regards to to mortgaged a property and to earn Allah’s pleasure?


Salam Alaykum,

I have mortgaged a property on behalf of my father in my name (to avoid taxes) and rented it to a Muslim.
I am not sure if some of the funds he provided had khums paid on them.
I wish to sell the property and return all the money to my father, but he wishes to keep the property in my name nor will he accept the transfer of property to his name for tax reasons.
What is my legal responsibility to earn Allah’s pleasure?

JazakAllah khayr


Wa alaykum salaam

When any money is passed onto a Shi’ah by someone else who did not pay the obligatory khums — be it through a gift or a transaction or any means — there is no responsibility on this Shi’ah who received the money. They need not worry that a portion of this money was in a sense stolen from Imam (may Allah hasten his appearance). Rather the onus is on the person who originally did not pay his khums, to pay it.

With regards to the situation between you and your father what is important is to always act with kindness to your father. The technical fiqhi rule is that it is not always obligatory to obey him, except in the scenario when his feelings will be hurt and he is asking something appropriate out of a fatherly kindness. That said, he is still your father and it behooves us all to try and obey our parents and make them happy, of course in a logical manner. Allah the Exalted says,

Your Lord has decreed that you shall not worship anyone except Him, and [He has enjoined] kindness to parents. Should any of them or both reach old age at your side, do not say to them, ‘Fie!’ And do not chide them, but speak to them noble words. [17:23]

May Allah guide us to treat our parents in the best manner and live a life of servitude.

M. Mahdi Kassamali