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First option to purchase an item from the estate

Answered according to Hanafi Fiqh by Muftionline.co.za

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. 

Bismillaah

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)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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