What is the division of an inherited house consisting of 7 apartments and 3 shops if it is not sold, and what is the position of the sister residing outside the house, and what is the position of the father residing in one of the apartments with an official rental contract if the house is sold?

The house can be divided according to one of three types of division: usufructuary division (qismat al-muhayat), amicable division (qismat al-muradah), and lottery division (qismat al-qur'ah).

Usufructuary division involves one of the heirs utilizing the house for a period commensurate with their share, after which it passes to another.

Amicable division occurs when the heirs agree on a method of division, and it is permissible for there to be an element of unfairness (ghabn) if the adult of sound judgment consents to it.

As for lottery division, it is carried out if no agreement is reached. In this case, the house is appraised, and its value is divided among the heirs, each according to their share. The method of carrying this out is detailed.

It is also permissible to sell the house and distribute its price.

The sister residing outside the house is like the other heirs. However, the son residing under a rental contract has no share in the inheritance due to the presence of closer heirs. He must surrender the apartment to whoever it devolves upon through division and pay any rent due to the estate.

The fatwa warns of the seriousness of inheritance matters and the necessity of presenting them before the Sharia courts.