If One Co-owner Lets Out a Jointly Owned House in Return for Its Repair

Question

If one of the heirs of a jointly owned house, in order to save it from the danger of collapse, makes this arrangement with someone: “Have the house repaired; the house will be given (to you) on rent to live in, and the amount spent will keep being counted against the rent,” — while the other heirs neither have it repaired themselves nor agree to this arrangement, and themselves live in another house — is such an arrangement permissible for a single heir?

Answer

If the house was not divisible, or the remaining partners would in no way agree to a division, and there had arisen a strong fear that it would collapse before a division could be made through the government, then making this arrangement is correct. And even after the said arrangement has been made, the right of the remaining partners will remain just as it was before.

Source: Fatawa Mahmudiyya

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