تصفح برقم المجلد > Group 1 > Volume 14: Transactions 2 > Chapter on partnership > Equal participation between two or more partners in capital and labor

Equal participation between two or more partners in capital and labor

Fatwa no. 1996
Q: We were three brothers who were partners in all our holdings; in agriculture, cattle and other projects. One of us passed away leaving three children, while we still share living expenses as before up to this date, but the deceased has had a retirement pension from the government in his children's names. Is this pension included in our partnership if his children are to be treated the same way as their father after his death with respect to past and future properties ? Or should this pension remain in their names only?
A: The pension paid from the government to your nephews is their private property, and it is lawful for anyone of them, if they are adults and consent, to include their share of the father's pension in the partnership and contribute to the shared living expenses. However, for those who are under age, their guardian's consent is to be sought regarding mixing their pension and sharing living expenses with the uncles after considering the minor's interest. This applies to the rest of the holdings that
(Part No. 14; Page No. 306)
the children earn or inherit, each according to his/her property. The partnership shall include living together, investing, decisions, and benefits by their consent and choice. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

The Permanent Committee for Scholarly Research and Ifta'

Member Deputy Chairman Chairman
`Abdullah ibn Qa`ud `Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz



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