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Question # : 15912


My grandfather was started business with his two sons (my father & elder brother)before 50 years. Both were done very very hard work with my grand father. My father elder brother is a educated person and my father is a non educated person. So after few year my grand father out of business, and my father elder brother hold all business and doing hard work, because he is able to do all business activites. And my father was also with him but not a very active person. But now my father elder brother is saying, my father is not a real business partner and all groth are done by myself. And he also not accepting a business partner. would you tell me my father is partner or not and his also 50% partner of all business & assest or not.

Answer : 15912

Published on: Sep 1, 2009

بسم الله الرحمن الرحيم

(Fatwa: 1638D/206K=1430)


If the business was started by the grandfather and your father and uncle were his helpers, then the entire business belonged to the grandfather which will be distributed among his heirs after his death.

قال في الدر: وکذلک لو اجتمع إخوۃ یعملون في ترکۃ أبیھم ونما المال فھو بینھم سویۃ ولو اختلفوا في العمل والراي الخ ونقل عن القنیۃ الأب والإبن یکتبان في صنعۃ واحدۃ ولم یکن لھما شئ فالکسب کلہ للأب إن کان الإبن في عیالہ لکونہ معینا لہ (الشامي 6:392)

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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