Article 639 of the Saudi Civil Transactions Law
المادة 639 من نظام المعاملات المدنية · الفرع الأول: أحكام عامة لحق الملكية أولًا: نطاق الحق
The article provides that muhaya'a does not end with the death of one of the co-owners; instead, his heirs take his place in it.
Official text (Arabic)
This article has not been amended since the law was issued.
لا تنقضي المهايأة بموت أحد الشركاء، ويحلُّ ورثته محله.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 639 explained in plain English
This article answers the question: what happens to a muhaya'a if one of the co-owners dies?
Muhaya'a is an arrangement by which co-owners divide the use of property they own jointly. This article lays down two connected rules:
- The muhaya'a continues: Muhaya'a does not end on the death of one of the co-owners, and it continues under the arrangement that was agreed or set.
- The heirs take his place: The heirs of the deceased co-owner take his place, assuming his position in using the period or part that was his.
The reasoning is that muhaya'a is tied to the share in the property, and the share passes to the heirs, so the corresponding right of use passes with it. This protects the stability of use arrangements among the co-owners, so that they do not collapse merely because one of them has died.
The article does not address how use is to be distributed among the heirs themselves, and it does not prevent what other articles provide; Article 638, for example, provides that a request for partition is accepted if made while muhaya'a is in force.
Anyone who has inherited a share in property subject to muhaya'a and wants to know their rights can consult a lawyer who specializes in real estate matters or in personal status and estates.
Practical example
Two co-owners in Makkah took turns renting out an apartment they own in equal shares, each for six months. One of them died. The muhaya'a did not end, and his heirs took his place for the six months allotted to him.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Active contributorFrequently asked questions about Article 639 of the Saudi Civil Transactions Law
Does muhaya'a end if one of the co-owners dies?
No. Muhaya'a does not end on the death of one of the co-owners.
Who takes the place of the deceased co-owner in the muhaya'a?
His heirs take his place, as the article provides.
More articles on Ownership, Co-Ownership and Partition
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The article defines an immovable as a thing fixed in its place that cannot be moved without damage or change in its form, everything else being movable, and treats a movable that its owner assigns to the service or exploitation of his immovable as an immovable by destination.
1- العقار كلُّ شيءٍ ثابتٍ في حيزه لا يمكن نقله منه دون تلفٍ أو تغيُّرٍ في هيئته، وما عدا ذلك فهو منقول. 2- يعدُّ عقارًا بالتخصيص المنقولُ الذي يضعه مالكه في عقا
- Article 26
The article divides the real right into principal rights, such as ownership, usufruct, use, habitation, easement and waqf, and accessory rights, such as mortgage and privilege, together with what the legal provisions so consider.
1- يكون الحقُّ العينيُّ أصليًّا أو تبعيًّا. 2- الحقوق العينية الأصلية هي حق الملكية، وحق الانتفاع، وحق الاستعمال، وحق السكنى، وحق الارتفاق، وحق الوقف، وما يعد ك
- Article 112
The article provides that termination of a contract cannot be asserted against the contracting party's specific successor if he acquired a real right in good faith.
لا يحتج بفسخ العقد تجاه الخلف الخاص للمتعاقد إذا كسب حقًّا عينيًّا بحسن نية.
- Article 131
A building's keeper is liable to compensate for damage caused by the collapse of all or part of the building, unless he proves that it was not due to neglect of maintenance, age of the building or a defect in it.
يكون حارس البناء مسؤولًا عن تعويض الضرر الذي يحدثه تهدّم البناء كله أو بعضه؛ ما لم يثبت أن الضرر لا يرجع سببه إلى إهمال في الصيانة أو قدم في البناء أو عيب فيه.
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Anyone threatened with damage from a particular thing may demand that its keeper take measures to avert the danger; if he does not, the threatened person may carry them out with court permission at the owner's expense, or without it in urgency.
لكل من كان مهدَّدًا بضررٍ من شيءٍ معيَّنٍ أن يطالب حارسه باتخاذ ما يلزم من التدابير لدرء خطره، فإذا لم يقم باتخاذ هذه التدابير في وقت مناسب فلمن يهدده الخطر أن
- Article 371
The article allows a partner to give his share in jointly owned property to his partner or to someone else, whether the property is real estate or movable, even if it is divisible.
تصح هبة الشريك حصته في المال الشائع لشريكه أو لغيره عقارًا كان أو منقولًا، ولو كان الموهوب قابلًا للقسمة.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.