Do we have the right, as heirs, to compensation for the "khulu" allowance for a shop that our father rented and our brother took over after his death for a period of ten years?
It is permissible to take "khalaw" (premium for vacating) if the lease contract's term is still valid and the tenant waives the remainder of it in exchange for a sum paid by the owner. However, if the term has expired, it is not permissible to take it. The death of the tenant does not invalidate the lease contract according to the preponderant opinion, and the leased usufruct transfers to his heirs. Consequently, if it is permissible to take "khalaw," it is divided among all heirs according to their prescribed shares.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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