Can the Hissa Jaidad obligation on business be fulfilled in Musi’s lifetime?

Hissa Jaidad on the net worth of a business is generally paid at the time of the Musi's demise. Since the value of a business may fluctuate over time, it is often more practical to assess its value at that stage.

However, if a Musi wishes to fulfill this obligation during his or her lifetime, the value of the business is assessed, and Hissa Jaidad may be paid based on its assessed net worth.

It should be noted, however, that obtaining a Hissa Jaidad certificate does not permanently discharge the obligation if the value of the business subsequently increases. If, after the assessment and payment of Hissa Jaidad, the business grows in value, the Musi remains responsible for paying Hissa Jaidad on the increase in net worth.

An increase in the value of a business may result from a reinvestment into the business from the profit (on which Hissa Amad has already been paid) or from additional capital introduced from external sources. This is analogous to a Musi using personal savings (on which Hissa Amad has already been paid) to construct an extension to a house. Although the savings have already been subjected to Hissa Amad, the newly created asset gives rise to a fresh Hissa Jaidad obligation. The same principle applies to the growth in the value of a business.

Accordingly, if Hissa Jaidad has been paid on a business and a certificate has been issued, but a subsequent assessment shows that the business has increased in value beyond the amount covered by the original assessment, Hissa Jaidad becomes payable on the excess value.