Back to search
The question

Is it permissible to stipulate the division of any privilege attached to the share of one of the heirs after the partition of agricultural land and the contentment of each heir with his share?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The agreement reached among the heirs regarding the division of the land in this manner is a division by mutual consent (qismat al-taradi), which is in reality a sale. This type of division is permissible for items of different kinds, and the one who feels wronged by it cannot retract, because he willingly took his share as it is and was content with it. As for stipulating the right of retraction for someone whose share has been singled out, this is not valid, as it contradicts this contract and the stability of ownership for each heir over their share.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
121060
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy