Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: We live in the sub Indian continent and we used live in a joint family. After my great grand fathers death my grandfather took care of the family and made wealth with little resource left from by his father.But when his brothers came to age they accused my grandfather of turning their fathers into into his own wealth.My grandfather gave them all the estates industries,shops,land etc which me made from the meager wealth.He also rebuild the few rooms house to 8 stories house so that his 8 brothers could live but his step mother told him to reside somewhere else as he was only child from the first wife.He had 8 brother and 4 sister all from that mother and My grandfather always considered them their own.After the distribution he bought a house in another place to reside there and made a new factory from the wealth acquired after distribution.He made his sons equal own of the factory as they had come to age.The 3 sons maintained the business and my grandfather took retirement.They gave him fixed rent,income or profit as u want to say.My father even told me that they took that amount as a fixed for the business even thou they lived in the joint family and and the family was run through profits of the business.He would just take the Very Important decisions. With Allah (SWT) blessings Our fathers made huge and took the profits and turn it into another factory with the grandfathers permission obviously. This time he said that the ownership would be given to the 3 sons and daughter in laws.My grandfather also had 2 daughters one married in a lavish way with gifts before withe money from the first factory.Another eloped with a man and united with the family after few years.They were later given plots as gifts by my grandfather.Our fathers with profits from the factory they made another house again with the fathers permission and was given the same condition.Both My grandmother and father lived with us in that house until their death. Both of them have share in the Factory and the first house.Now in their lifetime they said that the first house would be give to the daughters fully As the payment for the share in the factory and also because they have share in that.My grandmother expired then my grandfather expired May Allah (SWT) bless their soul. Our father without any disagreement agreed to give the whole property of the first house as few amount of their share and payment for the factory’s share. Now I want to know that does this make the property of the sons haram to have and was there anything wrong with the inheritance.


A: We do not know the exact position of the estate. We do not know whether the properties were given away to the sons and to the daughters in the lifetime of the deceased. If these properties were given to the sons in the lifetime and they had received it and accepted it then it belongs to the sons and if it was given to the daughters in his lifetime it will belong to the daughters.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.