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What is the legal description of this issue in Sharia, and what is its ruling? Does the youngest son own the house completely, or does it remain shared among the heirs? Is any of the sons entitled to demand his share before it becomes possible for the youngest son to acquire the price of any share? What is the ruling on the youngest son's refusal to sell the house and his claim that the house belongs to him alone by virtue of his father's will?

1 min readAlso available in العربية

Such disputes should be referred to the Sharia court or presented to scholars to hear all parties.

If the father wrote the house in the name of the youngest son without a legally binding gift (hiba), and he enjoined him not to deny the right of the heirs, but rather for the son to inhabit the house until his circumstances improve, then this is a bequest to an heir for the usufruct of dwelling. This is a bequest that is not legally binding.

The son to whom the usufruct was bequeathed is not permitted to compel the heirs to inhabit the house until he becomes self-sufficient. Rather, they have the right to sell the house and divide it immediately.

A bequest to an heir for the usufruct of dwelling is impermissible. If one of the heirs demands the sale of properties that cannot be divided – such as the house – the remaining heirs are compelled to sell.

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

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