What is the Sharia-compliant division for a house that the father divided before his death into three sections, knowing that one section was allocated to two brothers, and another section to two other brothers, the mother, and the four daughters? And what is the ruling on one of the brothers insisting on residing in a specific part of the house that is not divisible, and refusing to sell it to the brother living in it?
If a father divides the house among his heirs during his lifetime, and he is not suffering from a death-illness, then this is a gift (hiba) with two scenarios:
The first: The gifted individuals take possession of it in a way that allows them to dispose of the house. In this case, the house becomes theirs according to his division.
The second: The possession is not completed until the father dies. This is an uncompleted gift, and the house becomes an inheritance from the father, to be divided among the heirs according to Islamic law.
Similarly, if he gifted them the house during a death-illness, this is considered a bequest to an heir (wasiyya li warith) and is not binding unless they mutually agree to uphold it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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