What is the ruling on a verbal agreement among heirs to sell land to one of the heirs, on the condition that he later sells it to a buyer and then pays them the agreed-upon amount?
It is permissible for you to buy the shares of the other heirs in the land, provided that each heir knows their specific share. This is called "Al-Takhāruj" (mutual disinheritance by agreement), which is an agreement among heirs to exclude some of them from the inheritance in exchange for a known consideration. The condition of each heir knowing their share is to ensure justice and avoid consuming wealth unjustly, as settlement over an unknown amount is not permissible according to some jurists.
For example, if there is an existing inheritance like land, the exact amount of each heir's share must be known. As for an unknown amount that is difficult to ascertain, such as old accounts between two people that are hard to specify, reconciliation over it is permissible.
Therefore, the area of the land must be known, its legal division determined, and each heir informed of their share in meters. After that, you can buy their shares for a known price, whether immediate or deferred.
If the heirs refuse to sell to you, either because you do not have the funds, or you wish to buy it for less than the market price, or because they desire profit, they have the right to do so. In this case, the land is sold to another person, and the price is divided among the heirs according to legal distribution.
It is advisable to sell the land and divide its price among all heirs according to each one's share of the inheritance, in fulfillment of the Prophet Muhammad (peace be upon him) saying: "None of you truly believes until he loves for his brother what he loves for himself."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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