Question:

I bought a house in Chateauguay in 2019. I was single and living alone in the house. Then in 2018, my mother came to Canada and she is living with me in the house. I got married to a lady who has two kids (boy 20 years, girl 16 years). My wife is living with me of course but her kids live in a rented apartment in downtown Montreal to be close to university and school as our house is far from them.

We have daily difficulties which are taking care of my mother as I go to work and do long hours and my wife spends 3 days at her kids’ apartment to take care of them and 4 days at home. My other brothers live in saint lambert which is 40 kilometres away from me.

I need to move from where I live now to live close to my brothers in order to make it easy for my brothers to visit my mother more often to minimize the number of hours when my mother stays alone at home.

My mother is 82 years of age she can walk with a walker, and can go by herself to the bathroom without our help but we do the cleaning, cooking and give her medication and everything else. Plus, my mother is always scared when she is left alone.

My brothers and I work in a restaurant which we own in downtown Montreal.

Sometimes I have to go to work late and come back home from work earlier than I should to minimize the hours my mother left alone at home especially during the days when my wife is at her kids house.

The question is:

1. Can I buy a house with mortgage as I do not have enough cash to pay for it?
2. Is our situation considered necessity that makes buying a house with mortgage halal?

Thank you.

Answer:

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ʿalaykum wa-raḥmatullāhi wa-barakātuh.

Dear Brother,

First, we commend you for your dedication and service to your mother. By arranging your life around service to her, you are acting upon the commands of Allāh and His Messenger ﷺ. We pray that Allāh give your mother a life of ʿāfiyah and makes your and your brothers’ service of a her a means of barakah in this world and the next.

There is no doubt that your situation is very difficult. On one hand, you must be available to care for your mother. This requires you to be ready to drop everything at a moment’s notice. Additionally, due to the distance from your brothers, you must shoulder the majority of the caregiving. At the same time, it is necessary for you to make a living, and in your circumstance, your home situation is affecting that.

We sympathize with your situation and make duʿāʾ that Allāh opens the door to a solution for you. However, we must advise you to be on guard. At times like this, when a person is facing great difficulty, Shayṭān pounces, hoping to trick them into make a mistake that may cause years of sorrow.

Engaging in interest-bearing transactions is a great sin. From among the many sins that people commit, Allāh ﷻ has informed us of only two that are causes of Him declaring war on its perpetrators. One of these sins that leads to war with Allāh is engaging in interest-bearing transactions:

يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِن كُنتُم مُّؤْمِنِينَ٠ فَإِن لَّمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِّنَ اللَّهِ وَرَسُولِهِ (سورة البقرة: ٢٤٨-٢٤٩)

“You who believe, beware of Allāh: give up any outstanding dues from interest., if you are true believers. If you do not, then be warned of war from Allāh and His Messenger.” (2:248-249).

You are person whom Allāh has given sound understanding to. In a day and age where people act first and ask later, you have such a connection to Allāh that you reached out to us in order to enquire about the permissibility of an interest-based mortgage in a case of ḍarūrah. Before a ḍarūrah can be established, every alternative option must be explored. Below, we will present a few options that seem viable to us. Remember, a momentary lapse of judgment at a time of difficulty, can lead to years of regret. In the case of interest, it can lead to a vicious cycle of debt. (Please see this question for a real-life example: A wife’s concern for the Riba’ in home for past 15+ years | Fatwa.ca).

Options

1. You stated that your brothers are living in a rented apartment. Is it possible for them to move closer to you rather than you moving closer to them? Though they may be a little further from your restaurant, they will be closer to your mother, and one of you can always be with her while the others go to work.
2. Canada has two Sharīʿah compliant home financing companies: Manzil and Eqraz. These have been vetted by Darul Iftaa Canada as well as other scholars of repute, and have been deemed to be permissible. Check if you qualify for home financing through either of these two companies.
3. While it may be uncomfortable, you can explore renting or living in a lower income area, at least temporarily, that will be more in line with your budget. The sacrifice made will, inshāʾ Allāh, lead to great reward and barakah for you in this world and the next.

Please explore these options. If none of them is successful, please contact us again for consultation. Do not despair or lose hope. Remember Allāh’s promises:

وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجًا. وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ ۚ وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ (سورة الطلاق: ٣-٤)

“Allāh will find a way out for those who are fear Him, and will provide for them from an unexpected source; Allāh will be enough for those who put their trust in Him.” (Sūrah Ṭalāq, Āyahs 3-4)

وَالَّذِينَ جَاهَدُوا فِينَا لَنَهْدِيَنَّهُمْ سُبُلَنَا ۚ وَإِنَّ اللَّهَ لَمَعَ الْمُحْسِنِينَ (سورة العنكبوت:٦٩)

“We shall be sure to guide to Our ways those who strive hard for Our cause: Allāh is with those who do good.” (Sūrah al- ʿAnkabūt: Āyah 69)

We pray that Allāh opens the door to an interest-free solution.

And Allāh Taʿālā Knows Best

Muftī Mohammed Wahaajuddin
Farmington Hills, Michigan, USA

Checked and Approved by:

Muftī Faisal bin Abdul Hamīd al-Mahmūdī
Darul Iftaa Canada (www.fatwa.ca)