Is the heir compelled to sell if all heirs agree to the sale but only one lags behind?
If the deceased leaves behind only a wife, sons, and daughters, the wife receives one-eighth (1/8) due to the presence of inheriting offspring. The remainder is for the sons and daughters by ta'sib (residuary inheritance), with the male receiving the share of two females. Regarding the sale of the farm, if it can be divided without harm to anyone, then it should be divided, and each heir has the right to sell their share. However, if its division would harm the heirs, then the one who refuses to sell or buy from the rest of the heirs is compelled to do so, and they do not have the right to refuse the sale. If they refuse, the ruler (judge) will compel them. It is advisable to refer matters of inheritance to the Sharia courts to achieve the interests of all and to ensure that rights and debts are settled before division.
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- Ftawy
- Original fatwa ID
- 113898
- Imported
- Translation status
- Source text, unreviewed
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