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Fatwa CenterFather is not obliged to give his son a share of his business profits
Question
assalamalaikum brother,we are living in a joint family i.e my father mother elder brother his wife and 2 chilrens and myself and my wife and two chilren. My father owns the business which is been looked after by my elder brother since last 15 years and i have also helped in them in various difficulties during the running of the business. In the year 2007 i started my own business with loans from some relatives as i was not given any share of profit by my brother who handles my fathers business neither he has given any share of profit to my father as well. My question is am i entitled for share of profit in my fathers business which is been runned by my elder brother though from 2007 onwards i have not participated in the business. Kindly enlighten me on the issue.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
You are not entitled to any of the profits of your father’s business unless he willingly chooses to give you a share. You did not explain clearly how you helped your father and brother overcome the problems in managing their business; it is not clear whether you volunteered to do so or expected to get paid in return.
In any case, the profits of the business are for your father and also for your brother if he is working with him as a Mudhaarib (working partner / managing trustee) according to the agreement they have together. If you are claiming payment in return for your help, then you should substantiate it with evidence and request it from your father and brother.
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