What is the ruling on dividing a house left by the deceased, consisting of four floors, knowing that the deceased built the first and second floors, and the youngest son contributed half the cost of the roof of the second floor, and the eldest son built the entire third floor and his father did not gift it to him, and the youngest son built the incomplete fourth floor? And does the fact that the first floor is rented, the second floor is inhabited by the youngest son, and the third floor is inhabited by the eldest son affect the ruling on inheritance among his heirs, who are: two sons and one daughter?
1. The deceased's estate (his house) is divided among the sons and daughters by ta'sib (residuary inheritance), with the male receiving the share of two females. Thus, the house will have five shares: two shares for each son and one share for the daughter.
2. A son's assistance to his father in building or the father's approval for him to build on his land does not necessarily entail ownership of the land for the son. If he assisted as a donation, he is not entitled to anything. If he loaned his father money, he takes what he paid from the estate before its division.
3. The rent of the first floor is divided among the heirs according to the aforementioned Sharia division.
4. The sons' construction of the third and fourth floors, without them being granted ownership of its air space, is considered a gratuitous loan (ariya) that ends with the father's death, unless the duration was short, in which case the ariya continues for the customary period, after which the floor reverts to the heirs, and they pay the building son the value of the construction.
5. Upon the termination of the ariya, the apartments become the property of the heirs, and they have the right to demand rent from anyone who continues to reside there, as some heirs do not have the right to monopolize residence without the permission of the others.
6. In case of disagreement, the matter should be referred to the Sharia court or to qualified scholars of jurisprudence.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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