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Division of property among sons |
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Question:
A father had one house when his four sons were young and dependant upon him. Later the father acquired several more houses with his earnings and the earnings of the two oldest sons, the second oldest contributing most by generating more income and loans. The third son did not take any part in acquiring the properties but brought home some income and the fourth son did not take part in acquiring the properties or bring home income. The father decided to divide the property in five equal parts i.e. one-fifth of the total properties to each man, is the correct division with the children having such varying roles?
Answer:
The father is correct in giving each son an equal share. The Hadith of Nu'man Bashir (RA) is very clear about this issue. He wanted to give one of his sons a slave while he did not give any other sons any. The Prophet (SAWS) told him to exercise equality amongst his sons, so he (SAWS) refused to witness any deal based upon injustice.
Because some of the sons had contributed towards purchasing the properties or managing them, it would have been right for the father to declare six shares of the property; one for himself and one for each son with the remaining one share would be divided among those sons who contributed towards the purchase of the property, each according to his contribution. Any money left in this regard could by given to any charitable purpose, for the welfare of the widows or the needy.
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The Quran |
Chapter: Al-'Imran (3)
Ayat(verse): 164 |
| 164 . Allah verily hath shown grace to the believers by sending unto them a messenger of their own who reciteth unto them His revelations , and causeth them to grow , and teacheth them the Scripture and wisdom ; although before ( he came to them ) they were in flagrant error . |
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Family / Inheritance 
