Is it permissible for the heir to continue living in and operating the shop belonging to the two-story house with four commercial units after the death of his father, while refusing the request of the other heirs to sell the property, claiming "no harm and no reciprocating harm," even though he is demanding partition and they are demanding sale?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The courts are specialized in resolving disputes, not the . No heir is permitted to reside in or exploit an inherited property without the permission of the other heirs; otherwise, they may demand rent from him. Properties that cannot be divided without harm are only divided by mutual consent. Heirs are compelled to sell if one of them requests it. If the property is divisible without harm, the heirs are compelled to divide it, and whoever refuses, their case is taken to court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/187047
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 187047
- 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