If the deceased father had already collected the rent, does the inheriting tenant have a right to reclaim any portion from his brother or the estate?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the deceased father had already collected the rent, the inheriting tenant does not reclaim anything from his brother or the father's estate. The inheritance left by the father is split equally between the two heirs. This is because reclaiming the rent would lead to the situation where the tenant inherits his share along with its benefit (usufruct), while his brother inherits a share deprived of its benefit. God Almighty has made them equal in inheritance. Furthermore, if the tenant were to reclaim half the rent corresponding to the share where the lease is nullified, his brother would necessarily have to compensate him for half the benefit corresponding to the share where the lease is nullified, as one cannot possess both the benefit and compensation for it from another party.