What is the ruling on fixing the amount now and dividing it among our twelve, each having one thousand dinars, and the father paying one thousand dinars to his daughters or his sons?
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The questioner : We return to the same question, which is that the females, hypothetically, we estimated at ten thousand dinars, which came out to the daughter, so when we divided the ten thousand dinars by the weight of gold, it came out to, for example, one hundred grams of gold. So we bequeath... for example, or by the agreement we want to make among ourselves, in the event of death, one hundred grams of gold is paid to the daughter, and this is what I intend, and this is the thing we mean to reach, to be clear.
The Shaykh : Is the amount paid her share?
The questioner : Her share is up to the day we are in, and after that day, it will be the fruit of the five males, which is what we intended.
The Shaykh : Allow me, my brother.
The questioner : Forgive us if there is an error in the question, may Allah bless you.
The Shaykh : First, we agreed that there is no distinction between males and females here.
The questioner: Yes.
The Shaykh : Okay?
The questioner: Yes.
The Shaykh : So now leave me the naming of the females.
The questioner : The shares will not be...
The Shaykh : Shares.
The questioner : Okay.
The Shaykh : Suppose all the partners are males.
The questioner: Yes.
The Shaykh : This is what you are saying.
The questioner: Yes.
The Shaykh : Is it permissible to impose on some of the partners that after the cause occurs...
The questioner: Yes.
The Shaykh : After the cause occurs, you say to Zayd, Bakr, and 'Amr, their partnership has ended, is that permissible?
The questioner: No.
The Shaykh : So the answer is no.
The questioner: All right.
The Shaykh : Is it clear?
The questioner : Is that clear?
The Shaykh: All right.
The questioner : We repeat, we bring the question closer, we do not want after...
The Shaykh : Abu Fares is not going with us.
The questioner : He is going with you.
The Shaykh : ... .
The questioner : Our Shaykh, what I intend is that we fixed the amount now and divided it among our twelve, each one came out to one thousand dinars, one thousand, one thousand, one thousand. Is it permissible for the father to pay the one thousand dinars to his daughters or to his sons, who are naturally the boys working and the girls married, paying this one thousand dinars as each one’s share, is that permissible or not?
The Shaykh : To the males and females?
The questioner : To the females.
The Shaykh : Why?
The questioner : And the males will work.
The Shaykh : No problem.
The questioner: Yes.
The Shaykh : You were speaking, we are understanding each other in the matter.
The questioner : Okay, that is settled.
The Shaykh : This entered the matter, your brother, we also understand with him, why to the females without the males?
The questioner : The males.
The Shaykh : Say it clearly.
The questioner : Since the males are the ones who will work and they are the ones who are running the business.
The Shaykh : Halimah has returned to her old habit.
The questioner : No, I am with you, the male will get one thousand and the female...
The Shaykh : I said why? This has been abrogated in our previous speech, is that not so?
The questioner : I said since we fixed the male...
The Shaykh: Yes.
The questioner : The male is like the female, the male is like the female.
The Shaykh : My brother, your previous efforts, your previous efforts, we agreed.
The questioner : We forgot it.
The Shaykh : Okay, now...
The questioner : I am saying now we record in the time we are currently in, we forgot all the previous efforts.
The Shaykh : But you are saying, may Allah bless you, since we had...
The questioner : I may have expressed it wrongly, but...
The Shaykh : Here is Abu Fares.
The questioner : I mean, I say that they want to reach, to obtain the thing, they do it according to the Shari'ah.
The Shaykh : I know.
The questioner : I say that they present the whole operation and you decide.
The Shaykh: Yes.
The questioner : You say what exactly they do...
Another questioner : We want something that does not anger the face of Allah and His Messenger.
The Shaykh : Do not hold me to account.
The questioner: Yes.
The Shaykh : I am not a merchant, but I have, if Allah wills, some knowledge and jurisprudence.
The questioner : Praise be to Allah.
The Shaykh : So when I admit that I am not a merchant, I cannot put you on the map or the plan, but you present what you have, as our brother Abu Fares says, as you did, so we said to you no, this is an inheritance division before the existence of the cause, and so on, until we finally reached that the shares are divided equally without preferring the male over the female, and so on, until the last point that if we say to the daughter, this is your right, it is finished, as it is said, the Shaykh’s donkey stopped at the obstacle. So here we need to complete our journey.
The Shaykh : Is the amount paid her share?
The questioner : Her share is up to the day we are in, and after that day, it will be the fruit of the five males, which is what we intended.
The Shaykh : Allow me, my brother.
The questioner : Forgive us if there is an error in the question, may Allah bless you.
The Shaykh : First, we agreed that there is no distinction between males and females here.
The questioner: Yes.
The Shaykh : Okay?
The questioner: Yes.
The Shaykh : So now leave me the naming of the females.
The questioner : The shares will not be...
The Shaykh : Shares.
The questioner : Okay.
The Shaykh : Suppose all the partners are males.
The questioner: Yes.
The Shaykh : This is what you are saying.
The questioner: Yes.
The Shaykh : Is it permissible to impose on some of the partners that after the cause occurs...
The questioner: Yes.
The Shaykh : After the cause occurs, you say to Zayd, Bakr, and 'Amr, their partnership has ended, is that permissible?
The questioner: No.
The Shaykh : So the answer is no.
The questioner: All right.
The Shaykh : Is it clear?
The questioner : Is that clear?
The Shaykh: All right.
The questioner : We repeat, we bring the question closer, we do not want after...
The Shaykh : Abu Fares is not going with us.
The questioner : He is going with you.
The Shaykh : ... .
The questioner : Our Shaykh, what I intend is that we fixed the amount now and divided it among our twelve, each one came out to one thousand dinars, one thousand, one thousand, one thousand. Is it permissible for the father to pay the one thousand dinars to his daughters or to his sons, who are naturally the boys working and the girls married, paying this one thousand dinars as each one’s share, is that permissible or not?
The Shaykh : To the males and females?
The questioner : To the females.
The Shaykh : Why?
The questioner : And the males will work.
The Shaykh : No problem.
The questioner: Yes.
The Shaykh : You were speaking, we are understanding each other in the matter.
The questioner : Okay, that is settled.
The Shaykh : This entered the matter, your brother, we also understand with him, why to the females without the males?
The questioner : The males.
The Shaykh : Say it clearly.
The questioner : Since the males are the ones who will work and they are the ones who are running the business.
The Shaykh : Halimah has returned to her old habit.
The questioner : No, I am with you, the male will get one thousand and the female...
The Shaykh : I said why? This has been abrogated in our previous speech, is that not so?
The questioner : I said since we fixed the male...
The Shaykh: Yes.
The questioner : The male is like the female, the male is like the female.
The Shaykh : My brother, your previous efforts, your previous efforts, we agreed.
The questioner : We forgot it.
The Shaykh : Okay, now...
The questioner : I am saying now we record in the time we are currently in, we forgot all the previous efforts.
The Shaykh : But you are saying, may Allah bless you, since we had...
The questioner : I may have expressed it wrongly, but...
The Shaykh : Here is Abu Fares.
The questioner : I mean, I say that they want to reach, to obtain the thing, they do it according to the Shari'ah.
The Shaykh : I know.
The questioner : I say that they present the whole operation and you decide.
The Shaykh: Yes.
The questioner : You say what exactly they do...
Another questioner : We want something that does not anger the face of Allah and His Messenger.
The Shaykh : Do not hold me to account.
The questioner: Yes.
The Shaykh : I am not a merchant, but I have, if Allah wills, some knowledge and jurisprudence.
The questioner : Praise be to Allah.
The Shaykh : So when I admit that I am not a merchant, I cannot put you on the map or the plan, but you present what you have, as our brother Abu Fares says, as you did, so we said to you no, this is an inheritance division before the existence of the cause, and so on, until we finally reached that the shares are divided equally without preferring the male over the female, and so on, until the last point that if we say to the daughter, this is your right, it is finished, as it is said, the Shaykh’s donkey stopped at the obstacle. So here we need to complete our journey.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.