Question
Two brothers were partners in business.
One passed away.
I explained to them that the partnership is over.
However the other brother says there is no cash to pay out wife n small sons share, and business has debts still to be paid.
She is asking that her late husbands salary be paid to her n her child, (not from inheritance capital, but as monthly profit,) till the brother can pay out her n her sons share.
The brother is saying, he has more expenses now, coz he has to employ someone else to do his late brothers work in the business.
However he is ready to pay the heirs their shares, *as inheritance, not as profit*.
Whats correct in above, pls advise urgently.
Answer
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.
In principle, upon the death of one partner, the partnership comes to an end, and the deceased partner’s share in the business becomes part of his estate. His heirs are entitled to their respective shares according to the rules of inheritance.
The deceased partner’s salary cannot automatically be continued as a monthly profit payment to his wife and children. However, if they wish to continue receiving a share of the business profits, they would have to enter into a new partnership agreement with the surviving brother, subject to the relevant Shari’ah rules of partnership.
Therefore, if the surviving brother does not wish to enter into a new partnership agreement with the heirs, the heirs are entitled only to their inheritance share. However, the exact amount must first be determined after the business debts, assets, and accounts are properly settled.[1]
Note: (1) The widow may grant a reasonable period of time for the payment of her inheritance share.
(2) If the brother is financially able to assist his deceased brother’s wife and children, it is commendable for him to do so as a means of maintaining family ties.
And Allah Ta’ala Knows Best.
Abdour-Rahmaan Lim Voon Heek
Student Darul Iftaa
Port-louis, Mauritius
Checked and Approved by,
Mufti Muhammad Zakariyya Desai.
https://iftaa.co.za/20002/dispute-between-the-surviving-partner-and-the-deceased-partners-family/
