What is the ruling of Islamic law regarding the inheritance of an apartment building constructed by the father, mother, and eldest brother, with the father having distributed some of its apartments, knowing that the father left another apartment to a younger brother? And is the value of the land estimated at the current price or at the time of purchase? And what is the younger brother's share of this building?

If the father's writing of his properties in the name of some of his heirs was merely a formality without true ownership and without fulfilling the conditions of a gift (hiba), then these properties are considered part of the inheritance and must be divided according to Islamic law. However, if the gift was made with its conditions fulfilled and complete possession granted, then the gift is valid. Nevertheless, the father must be just among his children. If he favored some of them or preferred them without a valid reason, he committed a sin, and he is obligated to repent by returning what he favored them with or by giving the others what completes their share. If the father dies before rectifying his injustice: 1. If the gift was made during his healthy state, it is confirmed along with the injustice according to the majority of scholars, but the heirs are called upon to achieve justice. Ahmad and Ibn Taymiyyah stated that returning the excess is obligatory during his lifetime or after his death. 2. If it was made during his death illness, it is not executed, and the inheritance is redivided according to Islamic law.

If there was a legitimate reason for what the father did, or if what he gave to the eldest brother was in return for construction costs, then the remainder is divided according to Islamic law. However, if the preference was without a legitimate reason and made during his healthy state with possession granted, then the gift is confirmed according to the majority of scholars. It is more prudent for each heir to return what they took so that the inheritance can be divided according to Islamic law, thereby clearing the father's conscience. The eldest brother may claim back what he spent if he was not a volunteer.

The estate is valued at the time of division, after paying debts and executing wills within one-third of the estate. The matter of inheritances is serious and complex, and a mere fatwa is not sufficient. Instead, it must be referred to Sharia courts to investigate all details, heirs, debts, and wills.