A man passed away leaving behind properties and several children. One of the children, acting under a power of attorney, managed the assets through trade, resulting in an increase in the wealth. What is the ruling on this increase if he sought permission from the other heirs before trading, and what if he did not seek their permission?
[AR_ID:5639]
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1 Answer
Peace be upon you and God's mercy and blessings.
Grand Ayatollah Sayyid Khamenei and Grand Ayatollah Sayyid Sistani (may God protect them):
- If the heirs permitted this trade (even after it occurred), the profit should be divided among all the heirs according to their share of the original wealth. However, if the permission meant that he borrowed money from them or was allowed to manage it on the condition of preserving their original capital and that the entire profit belongs to him, then they cannot claim their share of the profit.
- Matters concerning the share of minors should be referred to their legal guardian or the legal authority.
May you be successful in all good.
Source:
Grand Ayatollah Sayyid Khamenei (may God protect him): Tahrir al-Wasila - Sales - Conditions of Sale - Conditions of the Contracting Parties - M4 and beyond + Responses to Inquiries - Book of Sales - Guardians of Management - S1512
Grand Ayatollah Sayyid Sistani (may God protect him): Selected Issues - Company Rules - M743 + 745