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What is the ruling on inheritance in the case of a father's death, leaving a house and an apartment building, with heirs who are not benefiting from the inheritance in the properties, and with land that was unfairly divided in terms of value?

1 min readAlso available in العربية

All of the deceased's possessions, including fixed and movable assets, and debts, are considered part of the estate that must be distributed among all heirs. The building and land left by the father are to be divided as follows: the wife receives one-eighth due to the existence of lineal descendants, and the remainder goes to the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females.

The methods of division are: 1. At-Tihayu (Alternating Usufruct): Some heirs utilize the building or land for a period proportionate to their share, then it transfers to another heir. 2. Al-Murada'ah (Mutual Agreement): The heirs agree on a division that satisfies everyone, where each person takes a portion equal to their share. This division is permissible even if it involves ghabn (disadvantage/fraud) for someone who is content, adult, and of sound judgment. 3. Al-Qur'ah (Lottery/Sale): The building and land are appraised, and their value is divided among the heirs, or they are sold and each heir is given their share of the price.

If the sons, or some of them, relinquish their share willingly and wholeheartedly to their stepmother or someone else, there is no religious impediment, provided they are of sound judgment and adult.

The matter of inheritances is serious and complex, and it must be submitted to the Sharia courts for investigation, as there may be wills, debts, or other rights that take precedence over the rights of the heirs.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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