A Co-owner Building a House on Jointly Owned Land

Question

In a certain bungalow there were several shareholders (co-owners of shares). One of them, Zayd, still owed some debt to the government; in settlement of the debt Zayd’s share was sold at auction by the government. Bakr bought this share; the shares of the other shareholders remained as they were. Bakr also bought the shares of some of the shareholders, while two shareholders refused to sell their share. When the bungalow was bought at the auction, the building was completely in ruins; Bakr rebuilt it himself.

Answer

When Bakr rebuilt the building anew, and the two shareholders who had not sold also had a share there — did Bakr say to the two of them: “I am building; divide this place and separate your share, so that my building may stand on it; and you have the choice to build your own separately, or leave it unbuilt, or sell it, or give it as a gift (hiba), or make it a waqf.

Source: Fatawa Mahmudiyya

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