Is it permissible for the mother to own the first half of the building and for the father to bequeath the second half of it to the needy from its rent, and is it permissible for some of the heirs to live in the second building according to their share without paying money, and how should the rental income be distributed among the sons and daughters?
1. A father's bequest to his wife and any of his children who are in need cannot be executed without the consent of all heirs, based on the Prophet's (peace be upon him) saying: "There is no bequest for an heir."
2. If some heirs agree and others refuse, the bequest is executed only to the extent of the share of those who agreed. The court will handle the calculations.
3. The free use of the apartment by some siblings is not permissible. Both buildings must be appraised, and each heir should receive their rightful share according to Islamic law.
4. The two buildings can remain the property of all heirs, with the resident children paying rent for their apartments at their fair value. The rent would then be distributed among the heirs according to their legal shares.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 20483
- 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