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How Will the Building Constructed from the Joint Earnings of Two Brothers Be Divided?

Financial Transactions,Company and speculation,How Will the Building Constructed from the Joint Earnings of Two Brothers Be Divided?

Fatwa No :
82522
| Date :
0000-00-00

Fatwa No : 82522
How Will the Building Constructed from the Joint Earnings of Two Brothers Be Divided?
معاملات / مالی معاوضات / شرکت و مضاربت

How Will the Building Constructed from the Joint Earnings of Two Brothers Be Divided?

Respected Mufti Sahib, Damat Barakatuhum al-‘Aliyah,
Assalamu ‘Alaikum wa Rahmatullahi wa Barakatuh!
After greetings, we (two brothers) have constructed a building jointly from our earnings. The total area is approximately 129 square yards, and it consists of a ground floor plus two additional floors. Now, during our lifetime, we wish to divide it between us. Therefore, we humbly request your guidance on how this division should be carried out between us brothers. What ruling do our esteemed scholars give regarding this matter? Kindly provide an answer so that this issue may be resolved in full accordance with Shari‘ah.

الجوابُ حامِدا ًو مُصلیِّا ً

If, at the time of purchase, both brothers had mutually agreed that they would be equal partners in it, then at the time of division it can also be divided into two equal shares. After that, whether the division is made based on rooms and area, or based on monetary value, both ways are permissible and valid according to mutual consent.

مأخَذُ الفَتوی

وفي فتاوى الخيريه على هامش الحامدية: (سئل) في اخوين سعيهما واحد وعائلتهها واحدة حصلا بسعیهما اموالا من مواش وغيرها والآن يريد أحدهما مفارقة الآخر ومقاسمة المال مناصفة ويأبى الآخر فهل والحالة هذه جميع ما حصلاه بسعيهما وكسبهما مشترك بينهما تجب قسمته مناصفة أم لا ( أجاب) نعم ما حصلاه بكسبهما مشترك بینھما لا یجوز أن یختص به أحدھما دون الآخر اھ (۱/ ۱۸۵)۔

And Allah knows best
Darulifta Jamia Binoria Aalamia

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