❖ Question:
My father bought a house in 2004 but did not have the full amount, so he sought help from me. I sold gold worth seventy thousand rupees from my personal earnings and gave him the amount, with which the house was purchased. At that time, the price of gold was around 7500 or 8200 rupees per tola. My father had said that if the house was ever sold, I could take the gold or its value in money. However, I didn’t consider it necessary to document this agreement at the time.
Now, after my father's demise, the inheritance of the house is being divided. Can I reclaim my given money or receive a share equivalent to the current value of gold?
❖ Answer by Shaykh Abdul Wakeel Nasir حفظه الله:
✔ If the Weight of Gold is Known — Take Gold:
If you remember the exact weight of the gold you had given, then you are entitled to take that weight of gold at the current market price.
✔ If the Weight is Not Known — Take the Amount:
If the weight of the gold is not remembered, but you recall the amount given (₹70,000), then you are allowed to take that exact amount back.
✖ No Right to Take Extra Amount:
Your entitlement is limited only to the original amount given or the equivalent weight of gold at the current price. It is not permissible to take any extra wealth beyond that.
Conclusion:
① If you know the weight of the gold given, reclaim the same weight according to the current gold rate.
② If the weight is not known, reclaim the original amount (₹70,000) you gave.
