If the father's multi-story house is sold, and it contains two apartments, one built with his verbal permission and the other after his death, how is the inheritance to be divided, and do the two apartments belong to their builders?
Therefore, a father's permission to his son to build on his land or on top of his house, without explicitly stating it as a gift, is considered a loan (عارية) that terminates upon the father's death. This is unless the period of benefit from the construction before the father's death was short, in which case the loan continues for the customary period, and the builder alone benefits from it. Upon the termination of the loan, the son who built is entitled to the value of his construction, whether demolished or standing. As for an apartment built by the son after his father's death with the permission of the heirs, it is considered a loan from them if they did not grant him ownership of the roof. If the heirs agree on something, the matter is theirs; if they disagree, the final decision rests with the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 183585
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy