Everything that Cannot Be Divided Must Be Sold

12-3-2023 | IslamWeb

Question:

My dad left his 12 kids everything, we divided it amongst ourselves. Me and my 3 sisters got a house as our inheritance. 3 of us want to sell it but one keeps refusing. What can we do? Can she refuse? Is there something we can do?
Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

If the property shared between people cannot be practically divided between them and one of the partners demanded the sale, then the rest do not have the right to refuse and they are forced to sell. In addition, the person demanding the sale has the right to refer the matter to the court to compel the rest to sell. Moreover, we have mentioned in previous Fatawa that what cannot be divided among the heirs must be sold and its price is divided among them if one of them demands the sale.

Sheikh Al-Islam Ibn Taymiyyah may Allaah have mercy upon him said in Majmoo’ Al-Fatawa: “Everything that cannot be divided must be sold and its price is divided if one of the partners requested that.” [End of quote]

Allah knows best.

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