First option to purchase an item from the estate

Answered according to Hanafi Fiqh by

Q: My mother has passed on. She’s left a house for us. We are three brothers and one sister all with equal shares in the house. Who has first option to buy the house. My mother wanted her son in law to have first option but did not discuss this with all of her children. 


A: When all have rights to the house the house could be sold with the mutual consent of all. Perhaps one way to resolve this issue is that the one who pays the best price can be given the house.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)