Should the profit from selling a shared house, divided among four children by the notary, be distributed equally or according to inheritance laws, knowing that one of the male children has passed away?
If the sons and daughters acquired possession of the house gifted to them by their mother, the grandmother, before her death, and the possession was legally valid according to Sharia, then the gift is binding. If the grandmother stipulated equality or preference between males and females in the gift, then her stipulation regarding the house's value must be acted upon. However, if she did not stipulate anything, the house is divided equally among the male and female recipients, meaning the share of the male is equal to the share of the female, as mentioned by Al-Kharashi in his commentary on Mukhtasar Khalil al-Maliki. If possession of the aforementioned house did not occur, then the gift is void, and the house becomes an inheritance to be divided among the grandmother's heirs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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