The Obligation of Fulfilling Trust Between Partners
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Fatwa No. ( 8325 )
Q: I have brothers with whom we agreed to be faithful to one another by working together for the benefit of all, and that none of us would obey a slanderer, a hypocrite, a son, or a woman regarding another. We also agreed that none of us would give our family or children money from the partnership, and I pledged to be equal in my purchases for our wives. However, in my opinion, they have not kept to what we agreed. Some of their sons have plotted against me and cursed me in the presence of their father, and his wife is hostile toward me. The other one insults me, despite my kindness to him in his home or via his telephone, and he is willing and chooses this, does not ward off harm from me, and does not respect our brotherhood. Due to my ignorance of the future, I concluded this pact with them on the Mushaf. As a result of what I observed from them, I took some of my family’s gold jewelry, some with their knowledge and some without, and I also took for them—meaning for my sons and my wife—some simple shares, such as in the Saudi Basic Industries Corporation (SABIC) and the Agricultural Company in Tabuk, knowing that I advise them to sometimes take shares for their children.
I ask for your fatwa, for I am in distress and confusion about my situation, and in sadness and grief; because we concluded this pact on the noble Book of Allah, which we placed between us, and I was unable to be equal among our wives, knowing that I am still faithful to my pledge regarding purchases, and I consider what I obtain to be for the benefit of all. I am very anxious about this pact, so much so that I am often anxious and may not sleep at night because of it. I ask for your fatwa in writing.
A: That pact you concluded with your brothers regarding what you earn is like a partnership between you. Its dissolution is up to you all to agree upon, and whatever you disagree upon is referred to the Shari'ah court. What any of you took without the other’s consent is not permissible, and he must return it to the partnership. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have brothers with whom we agreed to be faithful to one another by working together for the benefit of all, and that none of us would obey a slanderer, a hypocrite, a son, or a woman regarding another. We also agreed that none of us would give our family or children money from the partnership, and I pledged to be equal in my purchases for our wives. However, in my opinion, they have not kept to what we agreed. Some of their sons have plotted against me and cursed me in the presence of their father, and his wife is hostile toward me. The other one insults me, despite my kindness to him in his home or via his telephone, and he is willing and chooses this, does not ward off harm from me, and does not respect our brotherhood. Due to my ignorance of the future, I concluded this pact with them on the Mushaf. As a result of what I observed from them, I took some of my family’s gold jewelry, some with their knowledge and some without, and I also took for them—meaning for my sons and my wife—some simple shares, such as in the Saudi Basic Industries Corporation (SABIC) and the Agricultural Company in Tabuk, knowing that I advise them to sometimes take shares for their children.
I ask for your fatwa, for I am in distress and confusion about my situation, and in sadness and grief; because we concluded this pact on the noble Book of Allah, which we placed between us, and I was unable to be equal among our wives, knowing that I am still faithful to my pledge regarding purchases, and I consider what I obtain to be for the benefit of all. I am very anxious about this pact, so much so that I am often anxious and may not sleep at night because of it. I ask for your fatwa in writing.
A: That pact you concluded with your brothers regarding what you earn is like a partnership between you. Its dissolution is up to you all to agree upon, and whatever you disagree upon is referred to the Shari'ah court. What any of you took without the other’s consent is not permissible, and he must return it to the partnership. 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.