What is the ruling on the oil found with the heirs? Is it permissible for them to consume it, given that the full ownership of the land from which it was produced has not been established? What is the ruling on the money they spent on plowing and pressing it? And what should they do if a valid sales document to another party appears?
When the deceased passes away, ownership of their estate transfers to the heirs. They stand in place of the deceased concerning their wealth and rights, and become defendants on their behalf. Therefore, the trees and their usufruct belong to the heirs. If a person claims ownership of them and presents evidence—which is anything that clarifies the truth, such as testimony or strong indications—that they purchased them from the deceased or from someone who purchased them from the deceased, judgment will be rendered in their favor. If one of the heirs presents evidence that their father died and left them as inheritance, and another person presents evidence that they purchased them from the claimant's father, judgment will be rendered in favor of the buyer, because the heir is a defendant on behalf of their deceased relative, and what was proven to have been purchased from the deceased during their lifetime does not become inheritance after their death.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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