Business and Dealings

Drawing one's profit share in a partnership

Q: I did a partnership with someone and we both agreed that whatever profit would be generated, we would share it equally. We both partners have access to the bank account and we can withdraw money from the bank.

Now when the business has started generating profit, my partner didn’t share the profit with me. He uses money from the bank and when I ask for my share, he starts fighting with me. When I argue he says "you have access to the account, you can get your money". When I take out money and tell him, he fights. If I don’t inform him and get my share as decided, would it be sin?

Mother leaving her wealth to her daughters before her death

Q: Could Mufti please provide clarity on the following: A widow has 4 daughters, 1 half brother and 1 half sister.

1. Can she draw up an agreement, while she is alive that once she dies, her wealth goes to her four daughters only?

2. Can she leave her money in the bank, give it to her daughter's, but use it in a case of an emergency and also collect the returns, but her daughter's will only have access to the money once she dies?

3. Does she have to actually give the money to the daughters now, and have no access or rights over it, if she wants to only give it to her daughter's?

4. If she leaves the money in the bank, how does the estate have to be divided once she dies?

5. If one of her daughter's die before her, can the children of that particular daughter still have their mothers share? If so how should it be done?

Early settlement discount

Q:

1) We have customers who buy on credit. Is it permissible for us to tell them that we will give them a discount if they pay before the due date? For example, the customer purchases goods worth R100 000 on a three month credit basis. The customer is told, “If you pay within one month, you will receive a 10% discount”. Is this permissible?

2) I owe someone money through a cash sale, and there were no terms given for payment. If I ask the seller for a discount saying, "If I pay you tomorrow, will you give me a discount? From R10 000, will you make it R9 000?" and he accepts to give me a discount, will it be permissible?

Refusing to settle one's debt

Q: My brother took a loan from me for 2-3 days by telling me that he needs the money urgently and he had sold his shop and would get money in 2-3 days and pay me. But he was lying to me. He was under heavy debt taken from many people and was not selling his shop (I don't know if he had a shop at all). He just wanted to take money from me.

Four years have passed and he has not returned a single penny. Had he told me the truth, I would have given him only a small amount of money as a loan, and not all my money from which I was making my earning. Now he is expecting to receive some money (about 25% of my loan) but he refused to pay me. The reason is that he wants to educate his daughter at a medical college and needed money for her.

My question is: If my brother gets any money, is he obliged to educate his children first or pay my loan first? He argues that his children are his responsibility. My argument is that I gave him all my money I was using to earn a living for my children.