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Getting a share from one’s father’s business while he is still alive

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have a question regarding inheritance and family business profits.

I live in a different country as my parents and my father has a business. It is a family business and I’ve worked in it in the past. My father doesn’t go to work a lot these days and my brother manages the business. I am away and so not involved in the business.

My question is about inheritance and access to money from the business. I don’t ask for money and I have a job that pays my bills. My brother on the other hand takes money from the business and makes bold decisions when it comes to buying things with family money.

Am I eligible to get a share of the profits from the business as per shariah? I understand that if the business is sold then I do have a share but while the business is running and my father is alive, is it immoral for me to take a share from profits even when I am not involved?

Bismillaah

A: Since it is your father’s business, if your father approves of your brother’s decision it is valid.

As explained above, the business belongs to your father entirely. For you to make a claim in his business is incorrect.

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.

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