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The question

What is the ruling of Islamic law regarding the demand by the paternal aunt's heirs for compensation for a deficit in the area of land she purchased from their deceased father, either through another piece of land he owns or its current value, after years have passed since the sale and the death of both the seller and the buyer? And is it obligatory to redistribute the inheritance due to an increase in the inherited share received?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is advisable to refer such disputes to a judge or a arbitrator to hear both parties and examine the evidence, due to the difference of opinion among jurists regarding the ruling on selling a piece of land that turns out to be smaller than the agreed-upon area. The questions are: Is the sale valid or not? If valid, do the buyer or seller have the right to annul it? If the sale is upheld, should it be for the full price or a pro-rata portion?

Al-Imrani, in "Al-Bayan," mentioned two views regarding someone who buys a garment or land, believing it to be ten cubits, but it turns out to be nine: either he keeps the nine for its share of the price of ten, or he keeps it for the entire price. The latter is the correct view.

Ibn Qudamah, in "Al-Mughni," stated that the sale is void in one of the two views, and in the other, the increase belongs to the seller and the decrease is against him. He also mentioned two narrations: one invalidates the sale, and the second validates the sale, giving the buyer the option between annulment and retaining it for nine-tenths of the price.

Abu al-Barakat Ibn Taymiyyah, in "Al-Muharrar," mentioned that in this case, the buyer has the option to return it or keep it for a pro-rata portion.

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184301
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