to others whatever part of the property he had owned. The lease expired, and the aforementioned endowment passed to the second generation of beneficiaries.

May the second generation take possession of the aforementioned shops in their present condition, given that the other two acknowledged receiving the rent payable immediately in order to spend it on repairing the endowment and restoring it to its former condition? Or must they produce evidence that the aforementioned two, upon receiving the rent, spent it on repairs? Or may the lessees, or those to whom the lessee’s property has passed, refuse, in these circumstances, to hand over the aforementioned share of the shops except in its original condition?

He replied:

All praise is due to Allah. Rather, the buildings on the jointly owned plot are likewise in the joint possession of the plot’s owners by virtue of their co-ownership, unless one of them produces legally valid proof that the buildings belong exclusively to him. A mere claim by one of the co-owners of the plot that the buildings belong exclusively to him is not accepted, whether the plot comprises an endowed share and a share held outright, two shares held outright, or two endowed shares.

The lessee’s possession extends only to the usufruct. The lease alone does not establish his claim to ownership of the buildings; he must produce proof of that. And Allah knows best.