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