What is the legal ruling (hukm shar'i) for children to rent property from their father when they are his heirs, and what is obligatory to do religiously (shar'an) concerning this inheritance, and how is the value of benefit (intifa') from the apartments determined, and does the absent brother participate in the legal division (qisma shar'iyya)?

The property is to be divided justly among the heirs. If a just division is not possible, the property should be rented out at a fair market value, and the rent should be divided according to their shares of inheritance. If some heirs do not agree to the rental, the property should be sold, and its price distributed. As for some heirs monopolizing the property and denying others their rights, that is an injustice.

It is a condition that the duration of a lease agreement be specified, and undefined contracts are void. Therefore, it is not permissible to bind the heirs to the old contract, nor is it permissible for the brothers to rent the property at a value that the rest of the heirs do not agree to. They must pay the difference in rent to the other heirs for the previous years, and for the sisters who have passed away, the money should be paid to their heirs.

A missing person is not declared dead except by a judge's ruling after the period determined by the judge has ended. If the period ends before the father's death, the missing person has no share in the inheritance. If the period does not end until after the father's death, their share is paid to their heirs. If the matter does not reach the judiciary, their life is presumed, and they have a share in the inheritance.

In summary: The brothers must cancel the old contract and compensate the heirs of the sisters with the fair market value for the rented house, as rights do not lapse due to prescription. We advise everyone to reconcile, forgive, and reunite.