We reviewed request no. 1437 for the year 2005 which includes the following:

    The inquirer says that his mother was living in a rented apartment which he, his wife and children shared with her for 13 years before her death. He wants to know whether this apartment is part of his mother's estate.

    A rented residence cannot be inherited and is therefore not part of the estate. Only an article owned by a deceased prior to his death may be considered part of the estate. A tenant merely owns the utility (rental contract) and not the property itself which belongs to the proprietor.

    The above scenario illustrates the ruling which states that a ruler may restrict the permissible. In this case, the utility of the rented property may be transferred to those who shared it with the tenant for a period of not less than a year prior to her death.

    The Ruling

    The apartment mentioned in the question is not part of the estate of the deceased. The son, who lived with his mother for 13 years prior to her death, is entitled to its utility.

    Allah Almighty knows best.