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The question

Is it permissible, in Islamic law, to compel some heirs to sell a property they inherited in its entirety, given that others wish to divide it into apartments, and knowing that selling the entire property would achieve a much higher price per square meter than if it were divided and each heir sold their share as an apartment?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Division is of two types: compulsory division and consensual division. Compulsory division occurs when the property can be divided without damage, and it is obligatory upon the partners. As for consensual division, it occurs when the division would lead to damage (decrease in value). In this case, no one is forced into it; rather, consent is necessary. If someone refuses to sell their share in a consensual division, they are compelled to sell along with the others, or the ruler sells it and divides the price between them.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
191604
Imported
Translation status
Source text, unreviewed
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