Is it permissible to sell the marital home, and are the son or heirs obligated to provide housing for the mother from the inheritance money in a way that does not harm any of the daughters, and is delaying the division of the inheritance considered a Sharia-forbidden error?
Disputes are to be referred to the court. The marital home is treated like the rest of the estate and is divided among the heirs according to their prescribed shares. If it is not divisible, it is divided by mutual agreement or by lot, or it is sold and its price is distributed. If one of the heirs demands their share, it is not permissible to prevent them or delay their right. If the apartment is sold, the children are not obligated to buy an apartment for their mother, but the maintenance of a needy mother is obligatory upon all her affluent children, male and female. It is sufficient to provide her with suitable accommodation, either by renting or by living with one of them. The most preponderant opinion is that maintenance should be according to the financial capacity of the children.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 175274
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy