Is the Bay'ah (pledge of allegiance/transaction) rendered void if one of the heirs refuses to accept their share, and what should the heirs do with the rejected share?
A partner is not permitted to sell his co-partner's share except with the latter's permission, due to the sanctity of a Muslim's property and the co-partner's right of pre-emption (shufa'a). If the land is large and divisible without detriment, the share of the partner who refuses to sell should be separated, and the remainder sold. The sale is valid for the seller's share but not for the share of the refusing partner, unless the latter requests pre-emption. However, if the land is small and cannot be divided except with detriment, the brother who refuses to sell has the option either to purchase it through pre-emption, or the land will be sold against his will and the price divided, to prevent harm. Reconciliation between the brothers is preferred; otherwise, the judiciary will arbitrate between them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/29572
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 29572
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy