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