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Is the father obligated to hand over the store to his son at last year's price, with the father keeping the surplus profit of the store, whose value has doubled within a year, or should the son be given the store along with its surplus profit?

1 min readAlso available in العربية

It is permissible for a person to divide his wealth among his heirs during his lifetime, and this is considered a gift, provided he acts justly among them. If one of the sons takes a shop by agreement to compensate the rest of his siblings, and there is no favoritism towards him without their consent, then the shop becomes his property and its profits belong to him. His father is not allowed to take anything from him unless he is in need and it does not harm the son, based on the Prophet's (peace be upon him) saying: "Indeed, your children are a gift from Allah to you... so they and their wealth are yours if you are in need of them." This clarifies that the hadith "You and your wealth belong to your father" is not absolute; rather, the father takes only what he needs. The majority of jurists hold the view that the father does not take anything from his son's wealth unless he is in need of it. The Hanbalis, however, are of the opinion that the father may take whatever he wishes from his son's wealth and own it, whether the father is in need or not, provided that he does not unduly burden or harm the son, and does not take it to give to another child.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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