Jamiatul Ulama KZN

Do the heirs of a deceased partner automatically become partners in the business?

· 21 Safar 1440 AH1 min readEnglish

Question

There a few partner’s in a business. One of the partners passed away. Do the heirs of the deceased partner automatically become partners in the business?

Answer

The partnership of a partner in a business terminates upon death. The heirs of a partner do not automatically become partners in the business. The heirs are entitled only to a pay-out of their shares in the business.

However, the heirs may discuss an option of continuing the partnership with the existing partners, which will be subject to the terms and conditions of the new partnership. (Shaami 4/327)

And Allah Ta’ala Knows Best

Answered by
Mufti Ismaeel Bassa
Checked by
Mufti Ebrahim Desai
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Jamiatul Ulama KZN — https://jamiat.org.za/do-the-heirs-of-a-deceased-partner-automatically-become-partners-in-the-business/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-27411

Related fatawa