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26 / 04 / 2026
The Unwritten Will of One of the Heirs
A man passed away and owned a building. He always said that the first floor belongs to a certain son, his eldest, and everyone is aware of this. However, he did not create a legal document to prove this. Now, it is time to distribute the inheritance equally among the brothers and sisters. Does the first floor enter into the inheritance for all the heirs? Or does it remain with the eldest son? Note that some heirs agree to give the first floor to the eldest son as the father used to say, while others oppose this and claim that the property belongs to everyone just like the rest of the building unless a fatwa is issued regarding this matter. What is the ruling?
Answer
I say, and with God's success: The eldest son has no right to the first floor, and the house is to be divided among all the heirs according to Islamic law; because the father did not actually give it to him, and there is no bequest to an heir unless the heirs agree to give it to him, in which case it would be a donation from them, and God knows best.
