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Selling assets of the estate

Fatwaa ID: 1766

Question:
ٱلسَّلَامُ عَلَيْكُمْ وَرَحْمَةُ ٱلله وَبَرَكَاتُهُ
I apologize for private messaging Mufti Sahib but I did not feel comfortable asking the question on the group.

My grandfather recently passed away and my uncles are trying to sort out inheritance.
They want to sell all his clothing and small items and put it towards the estate.

My question is, is that allowed? Can they take his clothing and sell it?

Their reasoning is that it is unfair that some of the children will get different items of clothing, one might get my Nanas thobe and the other his turban etc

I apologize once again for messaging privately.

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

May Allaah Ta’aala shower upon with his infinite mercy and grace and elevate his status in Jannah. May He grant you and the family Sabr Jameel.

The default is that the items and assets of the estate are distributed based on their fair market value. If there is a dispute in this regard or the heirs agree to selling it and thereafter distributing the funds instead, then that is permissible. If an heir is wishes, he may buy an item or even take it as a portion of his share.

The unfairness that you refer to, if it is considering the value, then that would not apply as each item would be valued in accordance to its fair market price. A thobe and a turban will not have the same value. The items will form as part of the total value of the share. If the unfairness is in consideration of sentimental value, then that is not a valid ground of consideration.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

03/05/1445 AH – 09/21/2023 CE

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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