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The question

What is the ruling on the action of a father who stipulated to his male and female children that they should not sell or rent their share of the house, in which he allocated apartments to them after his death, except to their siblings? And what should be done if some of the children are not pleased with this condition, which resulted in the father stopping the construction of the apartment designated for the sisters? Is it permissible for a daughter to build for her son in her father's house after all heirs agree to the father's conditions? And what should one do if one of the sisters wishes to rent or sell her apartment after the father's death because she does not benefit from it, while the other sister does not wish to do so?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The apartments built by a father, or intended to be built by him for his children: if he intends for them to be theirs after his death, then this is a bequest to an heir, which is not permissible according to unless the heirs consent. However, if it is a gift during his lifetime, it is permissible, provided there is justice among the children, and the gifting to females should not be delayed. The children must be able to dispose of the property after his death. The father's desire to prevent a stranger from entering does not justify prohibiting their disposition. If one of the partners wishes to sell his share, the rules of pre-emption apply. If the property cannot be divided, the reluctant party is compelled to sell.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
174206
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy