Earnings in the possession of a son, which are from his own earnings, are specific to him
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Fatwa number ( 2616 )
Q: I have five sons: four of them are full brothers, and the fifth is a half-brother to them. In 1380 AH, the half-brother asked me to let him keep his income to himself, and I granted him that at the time. The situation of the remaining four is as follows: one of them has no income other than his salary from the Institute of Islamic Studies, which is not enough for his expenses; the second started working about three years ago, and his income is sufficient for his needs; the third started working and studying about seven years ago, and he may have money or he may be in debt; as for the fourth, who is the eldest of them, he has been helping me since 1380 AH. I bought a house in Riyadh and paid for it from our income, me and him. The eldest son also bought a piece of land in Riyadh and obtained half of its value from the proceeds of a piece of land he sold, while he paid the other half from our income. He also bought a factory and paid for it with money he borrowed from one of his friends; the factory was sold and he made a profit from it. May your eminence please grant me a fatwa on the following: 1 - Do the sons have a share in the aforementioned house, or is it
Does the eldest have a share to the exclusion of his brothers and sisters, since he is the one who helped me pay for it? 2 - Are the money and properties in their possession specific to them, or is it permissible for me to take something from them, or is everything in their possession specifically mine and I am to account to them for it? In my opinion, my financial situation and that of the children have been the same from that time until now. We know that we live together in one house. We also know that everything in their possession was obtained by them through their own efforts, and they have not sold anything from my personal property, which I acquired before they reached the age of earning. My current income is sufficient for my expenses. Please give us a fatwa, may Allah reward you. May Allah reward you with good.
A: If the situation is as you described; first: the house you bought in Riyadh belongs half to your eldest son and half to you, because its price was paid from your efforts alone, without the other sons. As for the half that belongs to you, you must distribute it equally among your sons; based on the hadith:Sahih al-Bukhari 2587 , unless you both intended the house to be for everyone, or the eldest son intended that this house was for you alone.
Second: The money in the possession of each of your sons from his earnings is his, unless you take it from him out of dire necessity or pressing need for it, with the intention of owning it for him. As for the factory that your eldest son bought and paid for from his earnings, it and its profit belong to your eldest son, and his brothers do not share in it. The piece of land he bought in Riyadh , half of it is specifically his, because he paid for it from his efforts, and the other half is a partnership between you two equally, because he paid for it from your income, excluding the other children. Therefore, you have a quarter of the piece of land, which you must distribute equally among all your children; based on the aforementioned hadith. What each son saves from his specific earnings is his, unless you take it from him out of dire necessity or pressing need with the intention of owning it. What you took for that reason is yours. If you intended or agreed that what each of you earns is to be shared, then all the money is shared among you according to this intention or agreement, and based on the hadith: . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have five sons: four of them are full brothers, and the fifth is a half-brother to them. In 1380 AH, the half-brother asked me to let him keep his income to himself, and I granted him that at the time. The situation of the remaining four is as follows: one of them has no income other than his salary from the Institute of Islamic Studies, which is not enough for his expenses; the second started working about three years ago, and his income is sufficient for his needs; the third started working and studying about seven years ago, and he may have money or he may be in debt; as for the fourth, who is the eldest of them, he has been helping me since 1380 AH. I bought a house in Riyadh and paid for it from our income, me and him. The eldest son also bought a piece of land in Riyadh and obtained half of its value from the proceeds of a piece of land he sold, while he paid the other half from our income. He also bought a factory and paid for it with money he borrowed from one of his friends; the factory was sold and he made a profit from it. May your eminence please grant me a fatwa on the following: 1 - Do the sons have a share in the aforementioned house, or is it
Does the eldest have a share to the exclusion of his brothers and sisters, since he is the one who helped me pay for it? 2 - Are the money and properties in their possession specific to them, or is it permissible for me to take something from them, or is everything in their possession specifically mine and I am to account to them for it? In my opinion, my financial situation and that of the children have been the same from that time until now. We know that we live together in one house. We also know that everything in their possession was obtained by them through their own efforts, and they have not sold anything from my personal property, which I acquired before they reached the age of earning. My current income is sufficient for my expenses. Please give us a fatwa, may Allah reward you. May Allah reward you with good.
A: If the situation is as you described; first: the house you bought in Riyadh belongs half to your eldest son and half to you, because its price was paid from your efforts alone, without the other sons. As for the half that belongs to you, you must distribute it equally among your sons; based on the hadith:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمSecond: The money in the possession of each of your sons from his earnings is his, unless you take it from him out of dire necessity or pressing need for it, with the intention of owning it for him. As for the factory that your eldest son bought and paid for from his earnings, it and its profit belong to your eldest son, and his brothers do not share in it. The piece of land he bought in Riyadh , half of it is specifically his, because he paid for it from his efforts, and the other half is a partnership between you two equally, because he paid for it from your income, excluding the other children. Therefore, you have a quarter of the piece of land, which you must distribute equally among all your children; based on the aforementioned hadith. What each son saves from his specific earnings is his, unless you take it from him out of dire necessity or pressing need with the intention of owning it. What you took for that reason is yours. If you intended or agreed that what each of you earns is to be shared, then all the money is shared among you according to this intention or agreement, and based on the hadith:
Actions are only by intentions
إنما الأعمال بالنيات
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.