Someone died and he bequeathed his house to one of his sons and deprived the rest; is it permissible to buy this house?


Praise be to Allah.

Firstly: 

What this person did is invalid and is haraam for two
reasons: 

1.    
He made a bequest to some of
his heirs, and a bequest made to an heir is not valid and should not be
executed, unless the rest of the heirs agree to that. 

It was narrated that Abu Umaamah (may Allah be pleased with
him) said: I heard the Messenger of Allah (blessings and peace of Allah be
upon him) say: “Allah has given each person who has rights his rights, and
there is no bequest for an heir.” Narrated by Abu Dawood (2870), at-Tirmidhi
(2120), an-Nasaa’i (4641), Ibn Maajah (2713); classed as saheeh by
al-Albaani in Saheeh Abi Dawood

Ibn ‘Abd al-Barr (may Allah have mercy on him) said: The
scholars are unanimously agreed that there is no bequest for an heir and
this is their ruling, based on their definitive opinion that this hadeeth is
sound.

End quote from al-Istidhkaar, 7/245 

2.    
He did not treat his sons
fairly in terms of giving; the Prophet (blessings and peace of Allah be upon
him) described such actions as injustice and refused to bear witness to
that. 

See the answer to question no.
153207 

Allah, may He be exalted, explained to His slaves the basic
rulings on inheritance, then He warned those who go against His rulings and
overstep the limits He has set, as He says (interpretation of the meaning):

“These are the limits (set by) Allah (or ordainments as
regards laws of inheritance), and whosoever obeys Allah and His Messenger
(Muhammad SAW) will be admitted to Gardens under which rivers flow (in
Paradise), to abide therein, and that will be the great success.

And whosoever disobeys Allah and His Messenger (Muhammad
SAW), and transgresses His limits, He will cast him into the Fire, to abide
therein; and he shall have a disgraceful torment”

[an-Nisa’ 4:12-14]

Secondly: 

Once that is established, (it becomes clear that) this
bequest was invalid, and that which is invalid cannot be implemented,
because the Prophet (blessings and peace of Allah be upon him) said:
“Whoever does an action that is not in accordance with this matter of ours
will have it rejected.” Narrated by Muslim (1718). 

Based on that, what the one to whom this bequest was made
must do is return the bequest to the estate and divide it along with the
rest of the estate in accordance with the shares ordained by Allah, may He
be exalted. 

Al-Baaji (may Allah have mercy on him) said: The words “There
is no bequest to an heir unless the other heirs agree” mean that the bequest
is invalid if the other heirs object. If a person made a bequest to an heir
and did not make any other bequest, and the heirs want to reject that
bequest, then he [the deceased] is like one who did not make any bequest and
the heirs should divide the estate in accordance with the laws of
inheritance.

End quote from Sharh al-Muwatta’, 4/83 

Thirdly: 

One of the conditions of a transaction being valid is that
the item sold should be the property of the seller. The ownership that is
based on the bequest mentioned is illegitimate and invalid ownership, so
this bequest cannot be the basis of ownership, and it is not valid to sell
it or buy it or give it, because that is based on transgression and its
owner – the beneficiary of the bequest – has usurped the rights of the other
heirs. The Prophet (blessings and peace of Allah be upon him) said: “that
which is unlawfully planted confers no rights”. Narrated by Abu Dawood
(3073) and at-Tirmidhi (1378); classed as saheeh by Shaykh al-Albaani. 

Al-Hajaawi (may Allah have mercy on him) said: The dealings
of the usurper are invalid. 

It says in Fataawa al-Lajnah ad-Daa’imah, 13/82: If a
person is certain that the product offered for sale is stolen or is usurped,
or that the one who is offering it for sale does not have legitimate
ownership of it and is not acting on behalf of its owner in selling it, then
it is haraam for him to buy it, because buying it comes under the heading of
cooperating in sin and transgression, and in depriving the real owner of his
property, and because that involves wronging people, approving of evil and
having a share of the sin. Allah, may He be exalted, says (interpretation of
the meaning):

“Help you one another in Al‑Birr and At‑Taqwa (virtue,
righteousness and piety); but do not help one another in sin and
transgression”

[al-Maa’idah 5:2]

For more information on the dealings of the usurper, please
see the answers to questions no.
93031
and 161164 

And Allah knows best.