Is Brother Mustafa considered sinful, in a Sharia sense, for selling his share in common land to his brother, and is it permissible to sell a common share in common land to someone?

Scholars have differed on the issue of whether a partner must inform their co-partner of their desire to sell their share, and the preponderant view is that stating it is obligatory is the most sound. Therefore, for the father to exchange his share of the land with his brother without informing his other partners is a sin, and he must repent and seek their forgiveness.

The father's sale of the land does not entail the loss of the right of his remaining two brothers (Hussein and Ibrahim) to exercise pre-emption (shufa'a) from the buyer (Ibrah) at the value of the land he paid, as long as the buyer is not a partner with them in the land. This is due to his independence with his share and the clear demarcation of his land's boundaries and access routes. The Hadith (definition) states: "Pre-emption was decreed for every partnership, but when the boundaries are set and the paths defined, there is no pre-emption."

The brothers should reconcile and reach a mutual agreement among themselves, even if it leads to some of them relinquishing their rights. Otherwise, they should refer their matter to the Sharia (definition) court.