What is the solution for dividing the apartment of a deceased father among his heirs—five sons and seven daughters—given that the eldest son claims to have paid half the price of the apartment without proof, refuses to sell it unless he receives half its value, and there are two minors under the guardianship of the Department of Minors' Affairs, while the rest of the heirs wish to obtain their share according to Islamic inheritance law without dispute?
As long as the claimant has no evidence for his claim and you do not know his truthfulness, his claim is not to be considered. This is based on the Prophet's (peace be upon him) saying: "Were people to be given according to their claims, men would claim the wealth and blood of others. However, the burden of proof is on the claimant, and the oath is on the one who denies." This hadith is a fundamental principle that a person's statement is not accepted merely based on his claim; rather, it requires evidence or the affirmation of the defendant. Therefore, the inheritance is divided according to the legal shares, and in matters of dispute, recourse is made to the Sharia court. As for the minors, they are given their share, and the guardian authority is responsible for managing it for them. It is not a condition for the division of inheritance that all heirs reach maturity.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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