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Is it permissible for the heir to continue living in and operating the shop belonging to the two-story house with four commercial units after the death of his father, while refusing the request of the other heirs to sell the property, claiming "no harm and no reciprocating harm," even though he is demanding partition and they are demanding sale?

1 min readAlso available in العربية

The Sharia courts are specialized in resolving disputes, not the Mufti. No heir is permitted to reside in or exploit an inherited property without the permission of the other heirs; otherwise, they may demand rent from him. Properties that cannot be divided without harm are only divided by mutual consent. Heirs are compelled to sell if one of them requests it. If the property is divisible without harm, the heirs are compelled to divide it, and whoever refuses, their case is taken to court.

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

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