Question # : 67559
Answer : 67559
Published on: Jul 20, 2016
بسم الله الرحمن الرحيم
In the question mentioned above, the words of youngest brother in the business meeting of 2013 that “I don't want to work with you guys...and give me my share and I want to split specially with the two middle brothers”, are not used to terminate partnership of business as per the contexts, rather they express his desire and to end partnership and have mutual distribution among the partners. The reason is that he (youngest brother) still exercised his discretion in the business and no change took place in it. Thus when the youngest brother did not split practically after the meeting and the business was not divided among all of you then in such a case it is unlawful for the two middle brothers to deem the youngest brother separated from the business from 2013 and not to give him his shares in the profit etc. According to the Shariah, the partnership of all the brothers is still intact. All the brothers should divide the business and the profits till date among themselves as per the proportion of their partnership.
يستفاد ذلك مما فى رد المحتار عن البحر عن البزازية: اشتركا واشتريا أمتعة ثم قال أحدهما : لا أعمل معك بالشركة وغاب فباع الحاضر الأمتعة فالحاصل للبائع وعليه قيمة المتاع الخ (رد المحتار ، كتاب الشركة ، فصل فى الشركة الفاسدة 6:505، ط : مكتبة زكريا ديوبند)؛ لأن مفاهيم عبارات الفقهاء حجة كما قرره علماء المذهب .
Allah knows Best!
Darul Uloom Deoband
If somebody entrusts you with some money, for example 1000. they have not borrowed the money to you but have just given it to you for safe keeping. Can I Invest that money in Halal finance, and benefit from the profits? Or does the money earned through profit have to be given to the rightful owner?
A man dies leaving a son 3 daughters expenses for legal cost in government land registry and lawyer fees have to be paid question: how much should each heir pay for the legal cost and lawyer fees.