Do the four brothers have a share in the commercial capital of the existing project, and how is the share of the brother who invested his wife's gold in the land of the built house calculated, and does the fourth brother have a share in the house given that he only contributed effort?
First: There should be a known agreement between the worker and the employer to guarantee rights and prevent disputes.
Second: If two brothers start a project with their wives' money, they are partners in the project (land, shop, goods) in proportion to each one's share.
Third: If two other brothers work with them without an agreement on a salary: - If they are volunteers, they are entitled to nothing. - If they are not volunteers and intend to claim payment, they are entitled to the wage of their peers (ajr al-mithl). It is generally understood as volunteering to help the brothers or in exchange for providing for the household or marriage expenses.
Fourth: If they worked after marriage for a salary, then they are employees, and the project belongs only to the first two brothers.
Fifth: If the third brother participated by selling his wife's gold in land on which a five-story house was built: 1. If they agreed to build a joint house, his share is commensurate with his contribution to the "price of the land and the cost of construction," even if he only invested his money in the land; because he is a partner in the whole, and the additional money invested by his brothers in their shares should be taken into account. 2. If he only contributed to the price of the land and they did not agree on his participation in the house, then he has his share only in the land, and he is entitled to the rent for his share of the land during the period of occupancy, and he may sell his share.
Sixth: The fourth brother, who did not pay anything for the price of the land or the construction, has no share in the house, and if his effort was agreed upon for a wage, he is entitled to it; otherwise, he is a volunteer.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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