A man died leaving behind a farm, and he had sons and daughters. The eldest son took the farm and works it because he has no other means of sustenance, so he is very attached to it.
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The questioner : A man died leaving behind a farm, and he had sons and daughters. The eldest son took the farm and works it, for he has no other work and sustains himself from this farm, and he is very attached to it. The brothers advised him to sell it and distribute the estate among the sons and daughters, but he refused to sell it, even though he gives them the farm's produce, such as dates, grapes, and others. What is the ruling in this matter? And what is your advice in this regard, may Allah reward you?
The Shaykh : It is not permissible for this brother to prevent his other brothers from their inheritance on the pretext that he loves to be a farmer. If he wants to be a farmer, let him appraise this farm at its value, and let him give each heir his share, if he is able to give them that.
As for if he is poor, he is obligated to agree with the heirs to sell it and for each one to take his share. It is not permissible for him to prevent them, because this is seizing the wealth of others without right, and in this state he is in the position of a usurper. This is regarding the brother who seized this orchard.
As for his brothers, I advise them, if they are not in need of the value of this orchard, to leave their brother in it, for the sake of maintaining family ties and being kind to him. They would have a share of its fruit in addition to what they are entitled to by their original shares, so their brother would be a partner with them and at the same time a waterer or farmer. And Allah the Mighty and Majestic said:Bulugh al-Maram 7:124.
The questioner : May Allah bless you.
The Shaykh : It is not permissible for this brother to prevent his other brothers from their inheritance on the pretext that he loves to be a farmer. If he wants to be a farmer, let him appraise this farm at its value, and let him give each heir his share, if he is able to give them that.
As for if he is poor, he is obligated to agree with the heirs to sell it and for each one to take his share. It is not permissible for him to prevent them, because this is seizing the wealth of others without right, and in this state he is in the position of a usurper. This is regarding the brother who seized this orchard.
As for his brothers, I advise them, if they are not in need of the value of this orchard, to leave their brother in it, for the sake of maintaining family ties and being kind to him. They would have a share of its fruit in addition to what they are entitled to by their original shares, so their brother would be a partner with them and at the same time a waterer or farmer. And Allah the Mighty and Majestic said:
I am the third (partner) of two partners as long as one of them does not cheat the his companion. Then, if he cheats (his partner) I depart from them.
أنا ثالث الشريكين ما لم يخن أحدهما صاحبه، فإذا خان خرجت من بينهماThe questioner : May Allah bless you.