What must be done concerning the expansion of the land inherited by the grandchildren from their grandfather, and must it be re-divided according to today's price or the original price?
Scholars differ regarding someone who sells land, and its area turns out to be larger than what was agreed upon. Some of them invalidate the sale, while others validate it with the excess being returned to the seller. Both parties retain the right to annul the contract. If they agree to proceed with the entire sale in exchange for compensation that the seller receives for the excess, then that is permissible. This additional carat (a unit of land area) is not included in the sale and remains an inheritance shared by all heirs. They have the right to sell it at a price they deem fit, or to waive it for the buyer for free or for compensation they agree upon.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 185935
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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