Are the deceased's brothers entitled to claim their share of the financial compensation (furoogh) for the shop that was rented in their brother's name, knowing that they were his partners in the business, but the contract was solely in his name?
If brothers are partners with their deceased brother in a shop, its tools, and its usufruct, then they are partners in the key money (بدل الخلو) with the heirs of their brother. The heirs have a right to the key money whether they continue the partnership contract after their father's death or whether the usufruct of the lease transfers to them, because death does not nullify a lease contract. They also have a right to what the deceased owned of assets and tools within the partnership. The permissible key money is that which is compensation for the remainder of the agreed-upon period. As for the forbidden key money (such as stipulating it after the contract period expires and the owner refuses to renew it), they have no right to it, and it must be returned to the shop owner.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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