The ruling on a borrowed article af...

Egypt's Dar Al-Ifta

The ruling on a borrowed article after the owner's death


r 2006 which includes the following:

My father passed away in 1999 and left a five story building. The ground floor is a workshop for metal works which my younger and older brothers operate, my sister lives on the fourth floor and has another apartment elsewhere and my eldest brother lives on the fifth floor, while I do not benefit from either the building or the workshop.
Please clarify the legal ruling on this building, since my brothers do not want to buy or sell while I want to take my rightful share without severing ties of kinship. Please note that my siblings do not possess any lease or ownership contract for either the workshop or apartments.


If the case is as mentioned in the question — that none of the deceased's offspring possess either a lease or ownership contracts, then this building is considered an inheritance in which all the heirs participate without giving preference to any of them over another. The father's disposition during his lifetime is classified in Islamic law as 'arriya (lending an article for use and returning it after use) i.e. the father merely granted them right of usufruct during his lifetime. It is impermissible for any of the heirs to benefit from any part of the building without taking the permission and consent of the rest of the heirs. They are to mutually agree on their rightful inheritance shares of which each male receives twice the share of a female whether or not some of them live in the building or benefit from its stores. Otherwise, they should resort to the courts to divide the property and specify the share of each heir.

Allah the Almighty knows best.
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