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What should be my brothers prime responsibility repay his debt or educate his children?

Q:

My brother took loan from me for 2-3 days by telling me that he needs money urgently and he had sold his shop and would get money in 2-3 days and pay me. But he was lying to me. He was under heavy debt taken from many people and was not selling his shop (I don’t know if we had any shop at all). He just wanted to take money from me. Four years have passed and he has not returned a single penny. Had he told me the truth, I would have given him only a small amount of money as a loan, and not all my money from which I was making my earning.
Now he is expecting to receive some money (about 25% of my loan) but he refused to pay me. Reason he wants to educate his daughter at medical college and needed money for her.
My question is: If my brother gets any money, is he obliged to educate his children first or pay my loan first? He argues that his children are his responsibility. My argument that I gave him all my money I was using to earn living for my children.

A:

Wa Alaikum al-salam

thanks for your question

While your brother is right about having responsibilities toward his family i.e. Nafaqa, but that responsibility includes food, clothing and shelter. So this expense is not from Nafaqa (obligatory provision) and is not wajib on him but paying off his debt is obligatory (wajib). Hence, he should be paying you first and then sort his daughter’s education.

 

 regards

Sheikh Mahdi Mosayyebi