Is it permissible for one of the heirs, who lives on one of the floors of his deceased father's house and works in one of his shops, to continue living and working there to avoid harm, based on the hadith: "There should be no harm or reciprocating harm," while the other heirs demand the sale of the house?
The house and shops are owned by all heirs, and each one of them owns an undivided share commensurate with their legal portion. No heir is permitted to monopolize it. If the property can be practically divided, it should be divided; otherwise, it should be sold and its price distributed among them if any of them requests it. Those who refuse the sale shall be compelled to sell, and the claimant may resort to the court. Ibn Taymiyyah said: "Whatever cannot be divided in kind, if one of the partners requests its sale, it shall be sold and its price divided." The heirs are advised to fear Allah, give due rights, and avoid animosity.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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