Is it obligatory for a son who manages his deceased father's shop to reconcile with his siblings who do not work in the shop, and do they have the right to benefit from its rental income?
The majority of scholars hold that the hiring of houses for a specified period does not terminate upon the death of the tenant. Rather, it remains valid and is inherited by the tenant's heirs, because the usufruct is considered property. In contrast, the Hanafis are of the view that the lease terminates immediately upon the tenant's death, because the death of the tenant leads to the rent becoming due from his estate. If the lease were to remain, the rent would then be due from the property of others. The correct opinion is that of the majority, and therefore, the usufruct of the leased premises is inherited by his children, and none of them is permitted to deprive another of his share.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 54348
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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