Is it permissible for heirs to prevent their father from selling his property if he is advanced in age?
Machine translationRead the Arabic original
The questioner:
He sent a message containing several questions, saying: If an elderly man who is the head of the family has many properties, and financial circumstances compel him to sell these properties, is it permissible for him to sell them, or do his children have the authority to prevent him? And are these properties his ownership or his children's? We ask for clarification on this.
The Shaykh:
As long as a person is alive, sound in mind, and capable of managing his affairs, no one has the right to restrict him regarding his property, neither his children nor anyone else. Rather, he may sell whatever he wishes of it and keep whatever he wishes, except in the case of bankruptcy. If he has debts and what he possesses is less than his debts, and the creditors demand that he be restricted, then he is restricted for the sake of the creditors' share,
The presenter:
by the order of the judge.
The Shaykh:
He is restricted by the order of the judge. However, as long as he is not bankrupt, and is also sound in mind and sound in his management, his property remains under his control, and no one has the right to object to him, neither his children nor anyone else, except in the case of a feared terminal illness. If a person reaches the stage of a feared terminal illness, then he is prevented from managing his property because it harms the heirs. But as long as he is alive, in a state of health or in a non-feared illness, and is sound in mind and management, and the judge has not restricted him, he may sell and buy, and no one has the right to object to him. Yes.
He sent a message containing several questions, saying: If an elderly man who is the head of the family has many properties, and financial circumstances compel him to sell these properties, is it permissible for him to sell them, or do his children have the authority to prevent him? And are these properties his ownership or his children's? We ask for clarification on this.
The Shaykh:
As long as a person is alive, sound in mind, and capable of managing his affairs, no one has the right to restrict him regarding his property, neither his children nor anyone else. Rather, he may sell whatever he wishes of it and keep whatever he wishes, except in the case of bankruptcy. If he has debts and what he possesses is less than his debts, and the creditors demand that he be restricted, then he is restricted for the sake of the creditors' share,
The presenter:
by the order of the judge.
The Shaykh:
He is restricted by the order of the judge. However, as long as he is not bankrupt, and is also sound in mind and sound in his management, his property remains under his control, and no one has the right to object to him, neither his children nor anyone else, except in the case of a feared terminal illness. If a person reaches the stage of a feared terminal illness, then he is prevented from managing his property because it harms the heirs. But as long as he is alive, in a state of health or in a non-feared illness, and is sound in mind and management, and the judge has not restricted him, he may sell and buy, and no one has the right to object to him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجوز للورثة أن يمنعوا أباهم من بيع ممتلكاته إذا كان كبير السن؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.