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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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My father built a house –a villa- and then passed away without completing its construction. His sons completed it from their own funds. How is the inheritance to be divided?

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Question:
My father (may Allah have mercy on him) passed away, and the villa he had started building was not finished. After his death, my five older brothers completed this villa at their own expense, because if they had left it unfinished, it would have been a disgrace to them, and people would have cursed them for it. The question is that when it comes to division, they demand that each person be given what he paid out of his own pocket. Do they have a right to claim this according to the Shari'ah? May Allah reward you with good.

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions, and may He bless them. A case like this is brought before the court, because there are two disputing parties, so it falls under the jurisdiction of the Shari'ah courts, unless they reach a settlement among themselves, for settlement is permissible among Muslims. However, if they do not reach a settlement, they must resort to the Shari'ah court. But may Allah reward you.
Source قناة «العلامة الدكتور صالح الفوزان»، بنى والدي دارا –فلة- ثم توفي ولم يكمل بناءها فأكملها أولاده من حسابهم الخاص، كيف تكون قسمة الميراث؟ — youtube.com

The Arabic text is a machine transcription of the audio recording.

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