Is the proposed division, granting each daughter a commercial shop, while each son retains the residence he inhabits, considered a just division of inheritance?
Every heir has a right to every part of the property proportionate to their legally determined share. The daughters do not have the right to claim the shops without the rest of the heirs, especially if the value of the shop is greater than the apartment, which would lead to them taking more than their rightful share. If one of the heirs refuses to sell, and the property cannot be practically divided, the one demanding the sale has the right to bring the matter before the court to compel the others to sell. For that which cannot be divided in kind, it is sold and its price is divided, and this is the saying of Ibn Taymiyyah: "And that which cannot be divided in kind, if one of the partners requests its sale, it shall be sold and its price divided."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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