Distribution Inheritance between two sons
Mu` meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah`s Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
From my understanding, a father has to equally distribute his property and money amongst his sons, is that correct? Given that each son (two sons) have been appointed seperate businesses to manage, and only one of the son`s have worked hard and tirelessly and reaps big profits, whilst the other son is not responsible and takes things for granted and has not seen any improvement in business since he had taken over.......now, is it proper to equally distribute the profit of the hardworking son`s business between the two son`s? The hard working son wants a bigger piece of the profit to purchase things for his family(wife and children) and feels resentful towards his brother because he doesn`t put effort or responsibilty into either business and automatically gets his `cut` of the profits. How can this be soughted out?
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Distribution inheritance between two sons
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.
The parents may gift any part of their property to anyone they will in their lifetimes, and Islam has guided the parents when they give any gifts to their children, they should try to distribute their gifts equally and fairly.
If the father has gifted the two separate business to each of his two sons, then the one who earns the profit from the business has a right to retain all the profits.
But if the father did not gift the property to his sons, but just appointed the sons to run the business on his behalf, then the father is the rightful owner of the business. If the father dies in such a situation, it does not matter who has worked and made the profits, the profits and property will be equally distributed between his two sons.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,