العروة الوثقى الزيدية - موقع إسلامي يهدف لتعريف الزائر بفكر وتراث المسلمين الزيدية

The Question

Question: A man has grown sons who work with their father in agriculture and trade, and their father is the authority over them and the one who disposes (of affairs). They acquired assets during their joint venture, then they disagreed and this led to division. After the division, one of the sons claimed a car and said it belongs to him. He adduced the sale papers stating that he purchased the car and paid the price, and these have witnesses. What is the ruling? This is while the father denies his son’s claim and says it belongs to him, and that he paid the price from his own private funds, and that his son was only a messenger.

The Answer

Answer—and Allah is the One who grants success and guidance:
What appears—and Allah knows best—is that the evidence of the son who claims exclusive ownership of the car is not sufficient, for he purchased it while in partnership with his father and brothers. What customary partnership entails is that whatever any of the partners acquires is common among them—whether it is recorded in his name or in the name of all; and whether the car is in his possession or in his father’s.
The father’s claim of exclusive ownership of the car requires something to verify it—even if it is in his hand. Each of the son and his father must present proof of the truth of his claim. However, the father has some apparent presumption in his favor, by which his statement is accepted along with his oath. In this area, the evidence must be definitive, because the apparent presumption is joint ownership.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2