Is it permissible to sell the inherited house after the death of the father, who had stipulated that it should not be sold, but rather that seven apartments within it should be rented out, with the rent of one of them dedicated as an ongoing charity (Sadaqa Jariya)?
If the will is validated, it comprises two matters:
First: His bequest to rent out an apartment and dedicate its proceeds as an ongoing charity ( jariyah). This is a valid bequest within the limits of one-third of the estate, and the heirs' consent is not required if the value of the apartment does not exceed one-third of the estate. However, if it exceeds one-third, it will not be executed unless the heirs consent; otherwise, it will only be enforced up to one-third.
Second: His bequest not to sell the remaining apartments is invalid, because the deceased is not permitted to prevent the heirs from disposing of their property after his death.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 187770
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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