Rubu' (houses and walled dwellings): their sale and rent in Mecca, pre-emption, division and endowment

Rubu' is the plural of rab', a house or dwelling; the jurists also use it for a building and a walled palm garden. ¹

The Hanafis and Hanbalis forbid the sale and rent of houses in Mecca; the Shafi'is allow them, and so does one view of Abu Hanifa, which Abu Yusuf adopted. ² The Malikis hold four views: the prohibition (the famous one), the permission (which Ibn Rushd calls the preferred view), a dislike, and a dislike limited to the season. ²

Pre-emption in houses is due before division by agreement. It follows the land for the Hanafis and Hanbalis and is a principal for the Malikis and Shafi'is, because the harm of an intruder lasts. ^{2 3}

Most jurists have buildings and trees follow the land in division; the Malikis have each follow the other in sale unless a condition or custom says otherwise. ³

Real property, such as land, houses, shops and orchards, may be endowed by agreement. ³

Pre-emption, endowment and division are treated in their own entries. ³