Is it permissible to stipulate the division of any privilege attached to the share of one of the heirs after the partition of agricultural land and the contentment of each heir with his share?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The agreement reached among the heirs regarding the division of the land in this manner is a division by mutual consent (qismat al-taradi), which is in reality a sale. This type of division is permissible for items of different kinds, and the one who feels wronged by it cannot retract, because he willingly took his share as it is and was content with it. As for stipulating the right of retraction for someone whose share has been singled out, this is not valid, as it contradicts this contract and the stability of ownership for each heir over their share.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/121060
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 121060
- 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.
- Read the full ruling
- Read the full answer on Ftawy