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The question

Does what the eldest brother did – taking half of the rent from the shop and the house after the father's death, claiming partnership without proof – conform to Islamic law? What is the ruling on selling the property and distributing the inheritance of the eldest brother?

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

The default rule is that the father's estate is divided among the heirs according to their legally prescribed shares. The brother's claim of partnership with the father requires evidence or an acknowledgment from the heirs; otherwise, it holds no weight. The heirs' silence out of shyness is not considered consent. Therefore, the estate should be divided among the father's heirs according to their legal shares, and the share of the deceased brother should be divided among his heirs. If there is a dispute, it must be referred to a Sharia court or to scholars for their guidance.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
132473
Imported
Translation status
Source text, unreviewed
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