Sharʿi Method of Property Distribution Among Brothers in Light of the Qur’an and Sunnah
Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 235
We are three real brothers. From our father, we inherited a small piece of property. Our elder brother made several deals without our presence or consultation, some of which resulted in profit and some in loss. We never objected to these matters, whether there was profit or loss. Both of us younger brothers stood by our elder brother and even took care of his children and business.
By Allah’s grace, and through the collective hard work and cooperation of all three of us, we were able to accumulate considerable property. Now, we want to know – in light of the Qur’an and Sunnah – how this property should be divided.
Note: The middle brother is one and a half years younger than the elder brother, and I am two and a half years younger than the elder brother. Currently, all three of us are around 60 years old.
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿAmma Baʿd!
In the situation described, since all three brothers became joint heirs to the property left by the father, and the subsequent property was also acquired through the shared effort, cooperation, and hard work of all three, therefore, according to Sharīʿah, all three are equal partners in it.
If your father’s property had no other heirs besides you three brothers, then the entire estate should be divided equally among the three of you.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 235
Question:
We are three real brothers. From our father, we inherited a small piece of property. Our elder brother made several deals without our presence or consultation, some of which resulted in profit and some in loss. We never objected to these matters, whether there was profit or loss. Both of us younger brothers stood by our elder brother and even took care of his children and business.
By Allah’s grace, and through the collective hard work and cooperation of all three of us, we were able to accumulate considerable property. Now, we want to know – in light of the Qur’an and Sunnah – how this property should be divided.
Note: The middle brother is one and a half years younger than the elder brother, and I am two and a half years younger than the elder brother. Currently, all three of us are around 60 years old.
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿAmma Baʿd!
In the situation described, since all three brothers became joint heirs to the property left by the father, and the subsequent property was also acquired through the shared effort, cooperation, and hard work of all three, therefore, according to Sharīʿah, all three are equal partners in it.
If your father’s property had no other heirs besides you three brothers, then the entire estate should be divided equally among the three of you.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
