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What is the ruling on one of the heirs disposing of the shares of others from the estate? What is the ruling on the profits and losses resulting from such disposal? Is it permissible for the disposer to take a fee for their effort?

1 min readAlso available in العربية

The ruling concerning one heir disposing of the share of others varies based on their knowledge and silence. If they knew and remained silent, he is no longer liable. However, if they did not give him permission or did not approve, he is not allowed to dispose of it, and a minor's affairs are subject to his guardian. Profit and loss follow the capital if permission was given for its disposal; otherwise, the one who traded guarantees all losses it incurs, and the profit is exclusively his. If he acted with the permission of its owners, the profit is distributed according to the capital after the worker takes his share, and he is not liable for losses. But if the disposal was an encroachment, he guarantees the loss, and the profit is exclusively his.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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