Short answer
Delay by agreement for a good reason, such as selling a house at a fair price, is allowed. But holding back heirs' shares against their wishes, using the property as if it were yours, or delaying for years until people give up is a serious wrong. Each heir owns their share from the moment of death.
The estate is jointly owned by the heirs from the time of death. Any heir may ask for their share to be separated, and refusing without right is oppression (zulm). Using others' shares without their permission is not allowed, and orphans' shares must be protected and not spent except in their interest.
The four schools agree on this.
Explanation
In many families, the eldest brother or the parent who is still alive keeps the house, the shop or the land "for now". Years pass. Sisters stop asking. Some heirs die and the shares get tangled. Islam treats this seriously, because it is about other people's property.
What is allowed:
- A short delay to pay debts, collect money owed and value the estate properly.
- Keeping the family home unsold for a while because all adult heirs freely agree, for example so a widowed mother can live there.
- Waiting for a better time to sell, with everyone's consent.
What is wrong:
- Refusing an heir who asks for their share. The Prophet ﷺ said that a rich person delaying what he owes is oppression.
- One heir taking the rent, profit or use of the property as if it were all his.
- Using orphans' shares. Allah warns that those who consume orphans' property unjustly fill their bellies with fire.
- Pressuring sisters or daughters to "forgive" their share; see denying women their inheritance.
Practical steps. Pay the debts and the bequest, then calculate the shares with the inheritance calculator and a mufti. Write down what each heir owns, even if the property is not sold yet. If one heir lives in or runs the property, agree in writing on rent or a buyout. If an heir has died in the meantime, see when an heir dies before division. Settling early protects family ties, which are worth more than any house.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah An-Nisaa 4:13
تِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُۥ يُدْخِلْهُ جَنَّٰتٍۢ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَٰرُ خَٰلِدِينَ فِيهَا ۚ وَذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ ﴿١٣﴾
These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment.
The inheritance shares are Allah's limits.
Quran, Surah An-Nisaa 4:10
إِنَّ ٱلَّذِينَ يَأْكُلُونَ أَمْوَٰلَ ٱلْيَتَٰمَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَارًۭا ۖ وَسَيَصْلَوْنَ سَعِيرًۭا ﴿١٠﴾
Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will be burned in a Blaze.
Withholding or using orphans' shares is a grave sin.
Quran, Surah Al-Fajr 89:19
وَتَأْكُلُونَ ٱلتُّرَاثَ أَكْلًۭا لَّمًّۭا ﴿١٩﴾
And you consume inheritance, devouring [it] altogether,
Allah condemns swallowing up others' inheritance.
Sahih al-Bukhari 2287
Sahih... مطل الغني ظلم ...
"Delay by a rich person in paying what is due is oppression."
Holding back what others are owed, when able to give it, is wrong.
Where the ruling is recorded
- al-Hidaya, Kitab al-Qismah. Division of jointly owned property at the request of a co-owner.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Fara'id and Kitab al-Qismah. The estate is owned by the heirs from the time of death; orphans' property.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.