Being partner to a business due to one’s labour
Question:-
A wife started a business from home while her husband worked and supported the household. The wife’s business prospered so they both agreed that the husband should leave work and join her in business. This business flourished thereafter. Unfortunately, some years later, the wife kicks the husband out of the house and says that she doesn’t need his help since her business is maintaining the household. The husband is now without any income, staying with his parents, and has had to state that he has no affiliation with the business. Does the husband have a stake in the business, and if so, can he then use his share as support for his two children now that he is unemployed.
Answer:-
In the queried scenario, we understand that the business was initiated by the wife with her own finances and the husband was employed at the time. However, she invited him to assist in the business and he ceded to her request. The business then prospered until she finally kicked him out of the business. We understand that the husband contributed towards the smooth functioning and success of the business with his labour and expertise. However, since he did not purchase a share in the business from the wife, he will not be considered as a shareholder in the business. She will remain as the sole owner of the business.
This should not worry him, as sustenance is from Allah Ta’ala and not the business itself. The business is simply the outward means of acquiring one’s sustenance, and in reality, sustenance is from Allah Ta’ala alone. He should, therefore, turn to Allah Ta’ala and make Dua that He blesses him with abundance of sustenance which is filled with Barakah. Performance of the five daily Salaah with Jamaat in the Masjid and excessive recitation of ‘Ya-Razzaqu’ is extremely beneficial for increase in sustenance. Again, there is no need to quarrel over the matter as Allah is the Provider.
Also, we suggest that he doesn’t issue the Talaaq in haste due to anger, but discusses the matter with some senior Alim that is well experienced, preferably in the community, and with his assistance and guidance, resolves the matter.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 16 Rajab 1444 / 07 February 2023