What is the ruling on the action of a father who divided his father's inheritance years after his death, by giving his paternal aunts land of little value and seizing the good land, then increasing his share by two hectares which he sold to the questioner's brother at a price lower than the market price, knowing that his paternal aunts are in need and agreed to that?
If the land is of equal value, it is divided according to each heir's share. However, if its value differs, then either it is sold and its value distributed among the heirs, or some of them take it and compensate the others, or they utilize it and share its produce.
If the division is agreed upon with the consent of all heirs, there is no objection to it. The sale of their shares is then valid and cannot be revoked.
However, if they did not consent to the division but remained silent out of shyness, their waiver is not considered valid Islamically. The division must be redone in a way that achieves justice. If the father does not agree, the aunts can refer the matter to a judge for arbitration. In all cases, the matter should be referred to the court for consideration.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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