Is it permissible to divide the factory's production and profits as a gift without the condition of before or after death, giving it to specific children, while considering that those who were working increased the capital through their work?

The questioner : May Allah bless you. At the beginning of our discussion, we were reaching an agreement. The agreement is with the husband, who is the head of the family, who is now in... If the father gathers with all his sons and raises an issue, saying, "I have this and that and that, and now I am not working, I am not working, and now I naturally want to do the gift division we discussed, and we want to divide the gift and give you money from the factory's work and the production of the sons who work in this factory. It is not required that it be before or after death; it is not required. It is required that this money comes out... from the factory. The workers in the factory must work, and from this production and the factory's profits, they start to cover the agreed-upon amount. If they agreed, of course, you need the consent of all parties. Is this valid without the condition of before or after, meaning without the condition of before the cause or after it? We place this condition for a purpose, for example, if... the husband, the head of the family, says, "Now I am not working, and this work means the father, for example, left us the factory. It was 60 percent, and now we have raised the capital by at least 40 percent. But the original capital belongs to whom? Who is it? The owner of the business. So we cannot do this on our own, on our own, without this capital. So now, for example, we are five working in this factory... So I repeat the question to you: if the father gathers... and they agree on this matter among themselves, and that justice is a condition in it, that it be a gift division, and no condition of before or after the cause is placed, and it is said that, for example, from this day the factory works, and whatever the factory produces is given to so-and-so, so-and-so, so-and-so, and so-and-so. This division, our Shaykh, to simplify matters so that one person can fully understand the things, meaning, is this permissible or not permissible?

The Shaykh : You say it is given, given what?

The questioner : It is given.

The Shaykh : As we agreed, to the males and females.

The questioner : It is given. We have shares now. We have shares. The father gathered with his sons.

The Shaykh : Excuse me, my brother.

The questioner: Yes.

The Shaykh : There is no need to repeat the words.

The questioner: Yes.

The Shaykh : But I want to understand.

The questioner: Yes.

The Shaykh : Beware of error. Is it given to the males and females an equal share, exactly?

The questioner : The gift division, every division is exactly equal.

The Shaykh: All right.

The questioner : Yes, the division is exactly equal and divided by the correct number.

The Shaykh: All right.

The questioner : So now we have 1400 dinars. We need to divide it by ten. It needs to come out to one hundred dinars for each person.

The Shaykh : And whatever profit comes out every year.

The questioner : It is here, here, a point. We stopped at 1400 dinars. We said, who, for example, wants? Some of the shareholders, for example, said: "We want money, we do not want, for example, to continue... and it is as if it is like a sale and purchase, as many people do now in the way... but I do not know the position of the Shari'ah... the girls... So we would be, for example, as something that is sold, like this factory and this work. I now want to sell it to my sons, I want to sell it to my daughters, I want to sell it to such-and-such. The factory... this factory needs to bring in this much as it is and more. It needs to bring in. We need to give the one who wants to continue in the factory his share and his profits. It will come out for him, it will come out for him, one hundred dinars in this factory.

The Shaykh : This has become something else, my brother. May Allah bless you. So let us set a title for the new research.

The questioner: Yes.

The Shaykh : And that is the sale of the factory.

The questioner : Yes, may Allah bless you... In the end, we need to reach an agreement that is an agreement so that...

The Shaykh : The beginning of the whole matter.

The questioner : ... May Allah bless you. We want, if Allah wills.

Another questioner : ... the father with the sons...

The questioner : Our father... Yes...

The Shaykh : Okay, my brother, excuse me. What do they call you? Abu what?

The questioner : Abu Ali, sir.

The Shaykh : Abu Ali.

The questioner : If Allah wills.

The Shaykh : And your brother.

The questioner : Abu Muhammad.

The Shaykh : Abu Muhammad. What Allah willed. Abu Ali, this sale is undoubtedly permissible, whether the partners are relatives or strangers.

The questioner: Yes.

The Shaykh : But it is feared that a trick may enter into the matter.

The questioner : Yes, may Allah bless you, may Allah bless you.

The Shaykh : So if there is no trick.

The questioner: Yes.

The Shaykh : And the absence of a trick is shown completely by not distinguishing also between the male and the female.

The questioner: Yes.

The Shaykh : That is: the females are not pointed to, even with a soft hint, for example, "What do you want to do with this work?"

The questioner: Yes.

The Shaykh : "Sell your share."

The questioner: Yes.

The Shaykh : "We will pay you."

The questioner: Yes.

The Shaykh : "Its price, and as they say in Syria, 'on the value of your house,' meaning and more, and rest, without any hint."

The questioner: Yes.

The Shaykh : The case is presented to these partners.

The questioner: Yes.

The Shaykh : As you are presenting it now here, and they are given a pure choice.

The questioner: Yes.

The Shaykh : Purely, no ambiguity, no suggestion, apparent or hidden. "Do you want to remain partners in profit and loss?" And we want that. So we return to the previous matter.

The questioner: Yes.

The Shaykh : Okay.

The questioner: Yes.

The Shaykh : No, Zayd and Zaynab, each of them wants to sell his or her share.

The questioner: Yes.

The Shaykh : Of his or her own free will.

The questioner: Yes.

The Shaykh : There is no problem.

The questioner: Yes.

The Shaykh : They pay him the price. This is the answer to the question.

The questioner : And this is good talk. May Allah bless you. May Allah open for you, our Shaykh.

The Shaykh : May Allah grant it to us and to you all. Abu Fares, what do you have?

The questioner : By Allah, it is a good session... in these matters, because the division is especially among the sons.

The Shaykh : Yes.

The questioner : ... except that, our Shaykh... .

The Shaykh: Correct.

The questioner : I mean, these girls, we give them... either way, the method... it is necessary, for example, to sell and sell on credit. This will not happen, it will not happen, there is no piety in it.

The Shaykh: No.

The questioner : Here, do you see how?

The Shaykh : Those who really want to buy and those who really want to sell, they pay in cash and receive in advance, and the matter is done. But by Allah, we bought with your share... fulfilling on a deferred basis means they went out without profit.

The questioner: Yes.

The Shaykh : And this is earning his profit.

The questioner : It will be that they did not take and did not profit at the same time.

The Shaykh : That is it.

The questioner : Our Shaykh, I mean, perhaps through this session, I have an idea, and it is just a simple suggestion that the best way is a salary for the workers in the factory and keeping the money as it is.

The Shaykh : This was mentioned before.

The questioner : I mean, like this.

The Shaykh : It was mentioned before.

The questioner: Yes.

The Shaykh : So the profit is not only between the males and females; we distinguished between the working males and the non-working ones.

The questioner: Yes.

The Shaykh : Therefore, it is a matter that has ended.

The questioner : ... on the basis of preference... .

The Shaykh: Yes.