العروة الوثقى الزيدية - موقع إسلامي يهدف لتعريف الزائر بفكر وتراث المسلمين الزيدية

The Question

Question: A man lives in an old house in which he owns a share, with the remainder belonging to the other heirs of his father. The house suffered war damage. Compensation was later issued for the damage to houses. The man living in that house went to register the damaged house and persisted in follow-ups for many days, until after great effort he received a sum of money. The committee, as with others, conditioned upon him that he repair the damage; he carried out the required repairs. Then his partners in the damaged house came and said, “We want our share of the compensation.” He refused, and they disputed before me and requested the legal ruling required.

The Answer

Answer: A reconciliation was reached between them, so we did not need to resort to the legal ruling required. Had there been no reconciliation, the legal ruling would have been: that whatever remains from the compensation after repairing the house belongs to the man who pursued and followed up; upon him is the obligation to repair the house as stipulated. If he fails to repair it, then he must pay the heirs from the compensation in the amount necessary to effect the repairs—no more—and the remainder is his, because he pursued and followed up personally, for himself.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2