What if the heirs cannot agree on selling a property?

Yes, and the classical name for it is takharuj. All four schools allow it, because after the death the shares already belong to the heirs and what they do next is a fresh transaction between owners — a sale, a partition or a gift — not an amendment of the faraid. Where they part company is on the conditions, and those conditions are not decorative: the Malikis void a payment in cash out of the settling heirs’ own pockets where the estate holds both gold and silver as well as goods, the Hanafis void a settlement on one of two currencies unless it exceeds the withdrawing heir’s share of that same currency, and the Shafi’is only allow the version done over a denial if the payment comes out of the estate itself.

All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Can the heirs agree to divide differently from the faraid?.