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Does the brother deserve wages for his work with the deceased father, even though he was not a financial partner?

1 min readAlso available in العربية

The son working with his father falls into three scenarios:

1. If it is by way of assistance, then it is considered a voluntary act (تبرع).

2. If they agreed upon a wage, then he is entitled to his wage.

3. If no agreement was reached, the default is that it is a voluntary act, unless the son is established in this line of work and it is known that he does not perform it for free; in which case, he is entitled to a fair wage (أجرة المثل), because custom takes the place of an explicit agreement.

The wages of his peers for this work should be considered, so that he is given his due from the inheritance before its distribution. This is the view of the Hanafis, Hanbalis, and a group of later Shafi'is.

Some jurists held the view that he is not entitled to any wage unless there was a prior agreement or an indication of a wage.

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Source platform
Ftawy
Original fatwa ID
29967
Imported
Translation status
Source text, unreviewed
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