Son Expelling Father from the House: Sharʿī Ruling
Reference: Fatāwā Rashidiyyah, Page 556
❖ The Question
Muḥammad Ramaḍān has six sons — four live with him, and two live separately.
The two who live separately want to expel their father from the house, claiming: “This house is ours, and we have rights over it. If you do not leave, then pay us its value.”
According to the Sharīʿah of Muḥammad ﷺ, does the father or the sons have the right over the house?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
The true owner of the house is the father.
The Messenger of Allah ﷺ said:
((أنت ومالك لأبيك))
“You and your wealth belong to your father.”
— Musnad Aḥmad 2/204; Sunan Abī Dāwūd, Kitāb al-Buyūʿ, Bāb al-rajul yaʾkul min māl waladihi, ḥadīth 3530; Sunan Ibn Mājah, Kitāb al-Tijārah, Bāb mā li-l-rajul min māl waladihi, ḥadīth 2291
This ḥadīth proves that as long as the father is alive, the son has no ownership rights over his father’s property.
Therefore, in this case, Muḥammad Ramaḍān is the rightful and sole owner of the house, and his sons have no Sharʿī authority to expel him or claim its value.
✿ Conclusion
- The house belongs exclusively to the father.
- Sons cannot expel him nor demand its value.
- Their attempt is not only void in Sharīʿah but also a grave act of disobedience and disrespect towards parents.
ھذا ما عندی، واللہ أعلم بالصواب
