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Cost of the house from the proceeds

Fatwaa ID: 1634

Asslamu alaikum mufti sahab, we have a house in backhome to sale, my father passed away so now if we all the heirs agree, is it ok for all of us to take out all the maintenance and other expenses to sale the house from the price we get for the house, and then share the rest of the amount according to sharia? If not, what will be the right way to distribute expenses for the house? Please guide, jazakumullah khair.

In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala elevate your father’s status in Jannah.

The maintenance cost and other expenses related to the sales of the house may be deducted from the proceeds of the house itself. The remainder of the proceeds will then be distributed amongst the heirs according to their respective Shari’ah stipulated shares. It should be noted however that if the heirs decide on distributing the house itself as shares of the inheritance, then the maintenance will be in accordance to the ownership shares.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York

01/28/1445 AH – 08/15/2023 CE | AML1-8190

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


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