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