How is a house sold to divide the inheritance among heirs? And should the brother and sister, who are tenants, be treated as strangers, or should their apartments be considered vacant upon sale?
If the inheritor dies, the house is distributed among the heirs. The old rental system is Islamically invalid due to its violation of the rulings of ijara (leasing) concerning the unspecified duration, and it must be terminated. This applies to relatives and non-relatives alike. If it is difficult to evict foreign tenants, this is not an excuse for the brother and sister to remain in the invalid lease. Rather, it must be terminated, and the house sold as if it has six empty apartments, because selling the house with only two empty apartments reduces its value. The continuation of the brother and sister in the old lease entails two prohibitions: remaining in an Islamically invalid contract, and consuming wealth unlawfully, thereby oppressing the remaining heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy