Partnership: Ruling on Shar‘ī Validity of Court-Ordered Sale of Inherited Property

Practical Laws of Islam as per the teachings of Imam Khamenei

Partnership: Ruling on Shar‘ī Validity of Court-Ordered Sale of Inherited Property

English:

Question #1684:

Two brothers inherited a house from their father. They couldn’t reach a settlement as how to divide the inheritance. The case was submitted to the court to decide it. The court consulted an expert, who advised that the property couldn’t be divided and that it would be mustaḥabb for either of them to sell his share to the other or for the house as a whole to be sold to a third party. Accordingly, the property was sold at auction and the proceeds given to the two brothers. Is this sale shar‘ī and can the two brothers receive their respective share of the proceeds?

Answer #1684:

There is no problem in that.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Partnership