Fatwa No : 83130
The ruling on ownership in a business started with the father's money

The ruling on ownership in a business started with the father's money

What do the respected Islamic scholars say regarding this issue that the father, during his lifetime, he sold his house and gave the money to his son to start a business. The nature of the business was such that the son began a property business using the earnings from the sale of that house, which gradually expanded. From that same amount, the daughters' marriages were also arranged, and the house in which the son currently resides was also built from the profits of that business. During this period, the father passed away. Now, this son wishes to give shares to his sisters. He has six sisters and is their only brother.
Therefore, the question is: On what basis should he give his sisters their share?
Should it be calculated based on the value of the original house that was sold, or based on the current value of the house that was later built from the business profits? The heirs include: the mother, the son, and five daughters. Note: The father was no longer able to earn, which is why he gave the house earnings to the son to start a business.

الجوابُ حامِدا ًو مُصلیِّا ً

In the mentioned case, if the deceased father, without openly declaring it as a gift or grant, sold the house in order to fulfill household needs and manage expenses, and gave the proceeds to his son for business purposes and if the son did not invest any of his personal funds but started a property business entirely with the father's money and expanded it, then in such a situation, the son's position will be that of a helper or manager. The entire business and the income generated from it will be considered part of the deceased father's estate (tarikah), which must be distributed among all heirs, including the son, according to the prescribed Islamic shares (as per Shariah).
However, if the deceased’s daughters, out of their own free will and without any pressure or compulsion, choose to give up their share (fully or partially) in favor of their brother in recognition of his efforts, they have the right to do so but they are not religiously obligated to waive their share. Thereafter, it should be clarified that the deceased father's estate must be distributed among the stated heirs according to the principles of Islamic inheritance. Whatever movable or immovable assets, gold, silver, jewelry, cash, and household items the deceased left behind at the time of death, all of it forms are considered as the estate.
From this estate:
1. First, the average expenses of the funeral and burial are to be paid.
2. Next, any outstanding debts of the deceased must be settled, including any unpaid dower (mahr) of the widow.
3. Then, if the deceased made a valid will, it should be executed up to one-third (1/3) of the remaining estate.
4. After fulfilling all the above, the residual estate is to be divided into eight (8) equal shares:
The widow and each daughter will receive one (1) share each.
The son will receive two (2) shares.

مأخَذُ الفَتوی

کما فی رد المحتار: عن القنية: ‌الأب ‌وابنه ‌يكتسبان ‌في ‌صنعة واحدة ولم يكن لهما شيء فالكسب كله للأب إن كان الابن في عياله لكونه معينا له ألا ترى لو غرس شجرة تكون للأب الخ (4/325)۔
وفیہ ایضاً:دفع لابنہ مالا لیتصرف فیہ ففعل وکثر ذلک فمات الأب إن أعطاہ ھبة فالکل لہ وإلا فمیراث وتمامہ في جواھر الفتاوی اھ (قولہ)وإلا فمیراث بأن دفع إلیہ لیعمل للأب اھ (5/709)۔
وفی درر الحكام فی شرح مجلۃ الاحکام : المادة (1398) - (‌إذا ‌عمل ‌أحد ‌في ‌صنعته ‌مع ‌ابنه ‌الذي ‌في ‌عياله فكافة الكسب لذلك الشخص ويعد ولده معينا، كما أنه إذا غرس أحد شجرا فأعانه ولده الذي في عياله فيكون الشجر لذلك الشخص ولا يشاركه ولده فيه الخ) إذا عمل أحد في صنعة هو وابنه الذي في عياله واكتسبا أموالا ولم يكن معلوما أن للابن مالا سابقا فكافة الكسب لذلك الشخص ولا يكون لولده حصة في الكسب بل يعد ولده معينا وليس له طلب أجر المثل (الكتاب العاشر، الباب السادس، الفصل السادس، المبحث الثاني،ج3،ص421، ط: ط: دار الجيل)۔