Home » Hanafi Fiqh » Mahmoodiyah » Question: Assalamualaikum wa Rahmatullahi wa Barakatuhu Both of our parents passed away few years back, they left 3 houses, and 2500 m2 land. My 2 brothers seems to keep the property just as it is. they just want to run the business on the property (rental) and divide the income into three, or in case of any family need, we use the money from those rental money. is this allowed? Jazakallah Wassalaam

Question: Assalamualaikum wa Rahmatullahi wa Barakatuhu Both of our parents passed away few years back, they left 3 houses, and 2500 m2 land. My 2 brothers seems to keep the property just as it is. they just want to run the business on the property (rental) and divide the income into three, or in case of any family need, we use the money from those rental money. is this allowed? Jazakallah Wassalaam

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Assalamualaikum wa Rahmatullahi wa Barakatuhu

Both of our parents passed away few years back, they left 3 houses, and 2500 m2 land. My 2 brothers seems to keep the property just as it is. they just want to run the business on the property (rental) and divide the income into three, or in case of any family need, we use the money from those rental money. is this allowed?

Jazakallah

Wassalaam


Answer:

 

                  

If all the heirs happily agree on keeping the properties and dividing its income (rental) or using the income for family needs then it will be permissible to keep those properties provided that the income is divided according to the shares the heirs inherit.

Therefore in this case if there are no other heirs other than the deceased’s three sons (yourself and your two brothers) and each one is happy and agrees to keep the properties and divide the income, then you can do so and the income must be divided into three equal shares.

 

And Allah Ta’ala knows best

Qasim bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

10 September 2004

24 Rajab 1425

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