What is the ruling on residing in an abandoned apartment within a property that has not been distributed among the heirs, where the share of the living grandfather is unknown, and most of the heirs have agreed to the residence except for one, knowing that vacating it will cause harm to the resident due to his inability to afford another dwelling? Is it permissible to search for an alternative apartment while continuing to reside in the current one if residing there is impermissible?
Resolving disputes concerning inheritance matters and shared rights is the prerogative of the judiciary. It is impermissible for anyone to benefit from another's property without their permission, as the Prophet (peace be upon him) said: "The property of a Muslim is not lawful except with his willing consent." Therefore, if the questioner does not have a share in the inheritance, it is impermissible for him to reside in the apartment without the permission of its owners. If one of the heirs objects, then their permission or compensation is necessary. The questioner's statement: "Most of the heirs did not object" — if it means their knowledge and permission, then it is considered valid; otherwise, mere non-objection is not considered permission. If the apartment's value equals or exceeds the resident's share, then he has no right to anything else. The estate is to be divided among the heirs; if it is not divisible, then it can either be divided by mutual agreement (muhay'ah) or by amicable settlement, otherwise, it should be sold and its price divided.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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