A man left behind a piece of land and a house, so he divided the land among his four sons and the house among his five daughters. What is your opinion of this division?
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The questioner : My father owns a piece of land and a house in which we live. He divided this land among me and my four male brothers so that we could dispose of it as we wish, such as building on it, and he divided the house among my five sisters. I traveled to Iraq for work, and when I returned and wanted to get married, I had no independent residence to marry in, so I repaired parts of the house to live in, even though my father had written it in my sisters' names. Is my father's division of this property lawful or not? And if my sisters want to sell the house, do I have the right of first refusal to buy it over others?
The Shaykh : If this division took place with your consent, and each of you was an adult, sane, and of sound mind, then there is no blame on your father for it. However, if it took place without your consent, it is not permissible for the father to dispose of his property in this manner and prefer some of his children over others. This is because the Prophet (peace and blessings be upon him) said, when Bashir ibn Sa'd informed him that he had given a gift to his son Nu'man, he said to him (peace and blessings be upon him): He said: No. So the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 2587 Therefore, a father's gift to his male and female children must be on the basis of justice. If he gives a male child two shares, he gives a female child one share, and if he gives her one share, he gives him two shares. As for favoring one of them over the other, this is forbidden for him and is not valid.
If this division took place with your consent and approval, and then you asked your sisters to repair part of the house so that you and your wife could settle in it, and they agreed to this, then there is no blame, whether on the basis of a loan or on the basis of ownership. However, if they want to sell it, you are the same as anyone else, because you do not own any part of it, so we cannot say that you have the right of pre-emption. If you do not own it, you are the same as anyone else. But undoubtedly, maintaining family ties requires that if you have a desire for it, they should consider you in this matter, so they should not sell it without consulting you and seeking your opinion. If you have an interest in it, take it; otherwise, leave it.
The Shaykh : If this division took place with your consent, and each of you was an adult, sane, and of sound mind, then there is no blame on your father for it. However, if it took place without your consent, it is not permissible for the father to dispose of his property in this manner and prefer some of his children over others. This is because the Prophet (peace and blessings be upon him) said, when Bashir ibn Sa'd informed him that he had given a gift to his son Nu'man, he said to him (peace and blessings be upon him):
Did you do that with all of your children?
أفعلت ذلك بولدك كلهم؟Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمIf this division took place with your consent and approval, and then you asked your sisters to repair part of the house so that you and your wife could settle in it, and they agreed to this, then there is no blame, whether on the basis of a loan or on the basis of ownership. However, if they want to sell it, you are the same as anyone else, because you do not own any part of it, so we cannot say that you have the right of pre-emption. If you do not own it, you are the same as anyone else. But undoubtedly, maintaining family ties requires that if you have a desire for it, they should consider you in this matter, so they should not sell it without consulting you and seeking your opinion. If you have an interest in it, take it; otherwise, leave it.