Distribution Inheritance between two sons
Mu` meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah`s Peace, Mercy and Blessings be upon all of you)
One of our
brothers/sisters has asked this question:
From my
understanding, a father has to equally distribute his property and money
amongst his sons, is that correct? Given that each son (two sons) have been
appointed seperate businesses to manage, and only one of the son`s have worked
hard and tirelessly and reaps big profits, whilst the other son is not
responsible and takes things for granted and has not seen any improvement in
business since he had taken over.......now, is it proper to equally distribute
the profit of the hardworking son`s business between the two son`s? The hard
working son wants a bigger piece of the profit to purchase things for his
family(wife and children) and feels resentful towards his brother because he
doesn`t put effort or responsibilty into either business and automatically gets
his `cut` of the profits. How can this be soughted out?
(There may be some
grammatical and spelling errors in the above statement. The forum does not
change anything from questions, comments and statements received from our
readers for circulation in confidentiality.)
Answer:
Distribution inheritance
between two sons
In the name of Allah, We praise
Him, seek His help and ask for His forgiveness. Whoever Allah guides none
can misguide, and whoever He allows to fall astray, none can guide them aright.
We bear witness that there is no one (no idol, no person, no grave, no
prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad(saws) is His slave-servant and the seal of His Messengers.
The
parents may gift any part of their property to anyone they will in their
lifetimes, and Islam has guided the
parents when they give any gifts to their children, they should try to distribute their gifts equally and fairly.
If the father has gifted the two
separate business to each of his two sons,
then the one who earns the profit from the business has a right to
retain all the profits.
But if the father did not gift
the property to his sons, but just
appointed the sons to run the business
on his behalf, then the father is the
rightful owner of the business. If the
father dies in such a situation, it
does not matter who has worked and made the profits, the profits and property will be equally distributed between his
two sons.
Whatever written of
Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever
of error is of me. Allah Alone Knows
Best and He is the Only Source of Strength.
Your Brother in Islam,
Burhan