Trade, Partnership and Agreement

Question

The questioner states: Zayd, Umar and Bakr were three brothers, and the businesses of all three were joint. In 1950 an agreement was made concerning the increase and decrease of salaries and other conditions. Then in 1952 one brother, namely Zayd, died. Disagreements and disputes over various matters continued between the remaining two brothers, until in 1958 their father gathered both brothers and the heirs of the late Zayd and had an order-document written concerning the division of shares, the increase and…

Answer

(1) When, after the father’s death, Umar started his business with his personal money, without putting joint money into it, and informed Bakr as well as the heirs of the late Zayd that this business is his alone, that there is no partner in it and that he is starting it with his personal money, and they accepted this, then that business belongs to Umar alone and there is no…

Source: Fatawa Mahmudiyya

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