How to divide the inheritance after one of the heirs has traded with it and profited from it before the division
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Fatwa number ( 11102 )
Q: My father was a merchant and passed away in 1970 CE, leaving behind a sum of money amounting to three million. I continued the trade with the same amount mentioned. I had one married sister and two unmarried sisters, and a brother who was also under my guardianship until they reached the age of marriage, at which point they got married. It was incumbent upon me to divide the amount left behind after my father's death, but I did not find anyone to explain the matter to me at that time. I continued practicing the trade until this day, knowing that I was and still am the one managing those funds. My question, Your Eminence, is as follows: - How should the division be done? Do we divide only the amount left behind, or the current amount? - If the division is based on the current amount, what are my fees for the years I worked in this trade? Your Eminence, I ask you to answer me in writing regarding this matter that has occupied my mind. May Allah guide you to what is good, keep your steps steady, and prolong your life.
A: If you are generous enough to forgive your effort and divide the profit along with the principal among the heirs, that is better, and your reward is with Allah. If you are not generous, there is no harm in reaching a settlement between you and the wise among the heirs. If that is not possible and there are minors among them, the reference is the court, and you should do what you see as sufficient, if Allah wills. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father was a merchant and passed away in 1970 CE, leaving behind a sum of money amounting to three million. I continued the trade with the same amount mentioned. I had one married sister and two unmarried sisters, and a brother who was also under my guardianship until they reached the age of marriage, at which point they got married. It was incumbent upon me to divide the amount left behind after my father's death, but I did not find anyone to explain the matter to me at that time. I continued practicing the trade until this day, knowing that I was and still am the one managing those funds. My question, Your Eminence, is as follows: - How should the division be done? Do we divide only the amount left behind, or the current amount? - If the division is based on the current amount, what are my fees for the years I worked in this trade? Your Eminence, I ask you to answer me in writing regarding this matter that has occupied my mind. May Allah guide you to what is good, keep your steps steady, and prolong your life.
A: If you are generous enough to forgive your effort and divide the profit along with the principal among the heirs, that is better, and your reward is with Allah. If you are not generous, there is no harm in reaching a settlement between you and the wise among the heirs. If that is not possible and there are minors among them, the reference is the court, and you should do what you see as sufficient, if Allah wills. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.