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The question

Is collecting salaries in the family home considered common property for everyone, or does each individual have the right to own their own earned salary?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Merely mixing funds for family expenditure does not make them communal property for everyone equally. Rather, each fund remains the property of its owner, and they have the right to reclaim it after deducting family expenses. The expenses can be shared equally or in varying proportions, depending on the agreement.

The esteemed scholar 'Ulaysh al-Maliki was asked about four brothers who mixed their funds, with one brother being incapacitated. They wrote a document stating that the money was equally distributed among them and that whoever wished to withdraw would receive nothing. He replied that whoever wished to withdraw was entitled to his money and his share of the profit. If the funds were unequal, they should calculate their shares, and whoever contributed extra work should receive wages for it.

He clarified that the aforementioned condition is void and corrupts the partnership, necessitating its dissolution. The equalization stated in the document holds no weight if the funds were not actually equal. Al-Kharashi mentioned that a partnership is corrupted if it is formed with a condition of unequal profit distribution, or if the two capitals are equal but unequal profit distribution is stipulated.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
184293
Imported
Translation status
Source text, unreviewed
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