Are the heirs entitled to claim the profits from goods whose price was divided among them after the father's death, and which the two brothers later sold?
The goods purchased by the father, who then passed away before their arrival, are part of his estate and should be divided among the heirs. Alternatively, they can be sold and their price divided, or appraised, and some heirs may take them, with their value then being divided. If the price was divided before their arrival, it appears that what was divided was the amount the father paid, which is incorrect. The correct approach is to divide the value of the goods at their selling price to an outsider, not at their original purchase price. For instance, if the father bought them for one thousand and they were appraised at one thousand five hundred, the division should be based on one thousand five hundred. The sister has the right to demand the remainder of her share. If the brothers exerted effort in selling them, they are entitled to a percentage of the profit in return for their work. It is recommended to maintain kinship ties and involve righteous people as mediators, and to forgive what has passed due to the difficulty of appraisal, in accordance with the Prophet’s (peace be upon him) saying: "Patience and magnanimity."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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