The Inan Partnership
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Fatwa No. ( 1996 )
Q: We are three full brothers, and we are partners in all our property, including agriculture, houses, sheep, and other things. One of us has passed away, leaving behind three children, and we remain partners in our livelihood as we were before up to this date. The deceased has a pension from the government in the names of his children. Does this pension enter into our partnership, and do his children share in all the previous and subsequent property as their father did, or does this pension remain in their names only?
A: The pension from the government belonging to your brother’s children is their exclusive property. If any of them is an adult of sound mind and consents to enter the partnership with his share and share in the livelihood with you, that is permissible for him. If any of them is a minor, the consent of his guardian to the mixing and partnership in the livelihood is considered, taking into account the interest of the minor. The same applies to all other property of these children that they earned with their own hands or inherited, for example. Each person owns his own property, and the partnership in the livelihood is a mixing for investment, disposal, and benefit by mutual consent and choice.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We are three full brothers, and we are partners in all our property, including agriculture, houses, sheep, and other things. One of us has passed away, leaving behind three children, and we remain partners in our livelihood as we were before up to this date. The deceased has a pension from the government in the names of his children. Does this pension enter into our partnership, and do his children share in all the previous and subsequent property as their father did, or does this pension remain in their names only?
A: The pension from the government belonging to your brother’s children is their exclusive property. If any of them is an adult of sound mind and consents to enter the partnership with his share and share in the livelihood with you, that is permissible for him. If any of them is a minor, the consent of his guardian to the mixing and partnership in the livelihood is considered, taking into account the interest of the minor. The same applies to all other property of these children that they earned with their own hands or inherited, for example. Each person owns his own property, and the partnership in the livelihood is a mixing for investment, disposal, and benefit by mutual consent and choice.
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.