Settlement is permissible among the heirs
Machine translationRead the Arabic original
Question: Our father left us shares in several companies, and then he gave us all shares in all the companies, except for a few companies. He did not give shares to two of my older brothers, even though they were borrowing from their father, each of them an amount equivalent to 700,000 riyals.
So, are we obligated to return all the shares and distribute them according to the rightful distribution? Or do we leave them as our father left them, and they are considered a gift?
Answer: You must refer to the court, and what the court decides is sufficient, if Allah wills, unless you all reach a settlement and you are all of legal age and of sound mind, in which case there is no harm. This is based on the saying of the Exalted: [Surat al-Nisa: 128], and what was narrated from the Prophet (peace and blessings be upon him) that he said: Sunan Ibn Majah 2353Sahih (Darussalam). May Allah guide them all.
So, are we obligated to return all the shares and distribute them according to the rightful distribution? Or do we leave them as our father left them, and they are considered a gift?
Answer: You must refer to the court, and what the court decides is sufficient, if Allah wills, unless you all reach a settlement and you are all of legal age and of sound mind, in which case there is no harm. This is based on the saying of the Exalted:
And settlement is better
وَالصُّلْحُ خَيْرٌReconciling between Muslims is permissible, except reconciliation that forbids something that is allowed, or allows something that is forbidden.
الصلح جائز بين المسلمين، إلا صلحًا حرم حلالًا أو أحل حرامًا
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
