Father gifting business to his sons during his lifetime

Q: My father wants to declare share of property to his children. We are four siblings, two brothers and two sisters.

According to my father, its 25 percent share for the daughter but according to me its 33 percent.

Now what is concerning him is that we have a big running business and also another small factory (Alhamdulillah) which he started for me and my brother in 2010.

My elder brother is working and supporting him since 2010 and I have joined it in 2016 and now its 2020.

My father thinks that since we have workes and contributed to his running business, we both brothers deserve this business as our part of hard work.

From the rest of the property which my father bought and inherited from his father, it should be equally distributed among the four of us.

Is my father correct if he wants to reward me and my brother for our contribution and for the business which he thinks he started for us?

A: In your father's lifetime, if he wishes to give you and your brother something additional in lieu of and to the extent of the two brothers' work then it is permissible. This will be counted as remuneration for their hard work.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)