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Dissolving a Partnership

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: My father was in a partnership. Now that he has passed away the partnership has dissolved. His partner offered to pay us (the heirs) over a three year period. He also told us that he will give us a salary until he completed paying us. After a few months he stopped paying us. Upon inquiring he stated that he was not paying us a salary but he was paying us the monies he owed us. We did not get a salary ever since. My question is whether or not it is permissible to ask for the salary?

A: What we need to know is why he offered to pay you a salary. Once the partnership had dissolved all he was obliged to pay you was the half share that you and the others inherited. So if you are not working for him then you have no right to any salary.

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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