Back to search

Is it permissible to postpone the division of an inheritance consisting of two residences inhabited by some of the heirs and the mother, for several years, to enable the heirs to financially compensate their brother who insists on the division, knowing that the division currently cannot take place except by selling?

1 min readAlso available in العربية

There is no harm in postponing the sale of the property if your brother agrees to it. However, if he refuses the postponement, and if it is impossible to divide jointly owned properties, and one of the partners requests a sale, then the others are compelled to sell. Al-Bahuti stated in "Al-Rawd al-Murbi'" that if one calls his partner to sell, the partner is compelled; if he refuses, the ruler sells it on behalf of both of them and divides the price. Ibn Qasim justified this by saying that the one who abstains is compelled so that the one requesting it can be freed from the harm of the partnership.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy