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  4. Quran inheritance mistake

Quran inheritance mistake

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  • U Offline
    U Offline
    unknownuser
    wrote on last edited by
    #207

    salam samia,

    This is proof kalala cannot have a spouse; math does not add up...

    case sister, wife
    1 ? 1/4 wife ? 1/6 sister = 7/12 unallocated

    case sister, husband
    1 - 1/2 husband - 1/6 sister = 1/3 unallocated

    Look at the sequence...

    HUSBAND
    412 And for you 1/2 what your spouses/wives left, if (there) was/is not for them a child

    WIVES
    412...and for them the 1/4 from what you left, if (there) was not for you a child

    Spouseless/widower kalala with children
    412...and if (he) was/is a man to be inherited kalalatan or a woman

    Finally spouseless kalala without child.
    4176 They ask your opinion/clarification , say "God decrees/decides in alkalalati, if (a) man/human died, not for him a child

    As Onur stated there has to be mother...
    411...so if brothers/brethren were for him, so to his mother the 1/6

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      huruf
      wrote on last edited by
      #208

      This is for Samia, Nun de plume or whoever might give helpful insights into the question.

      Please, could you compare the formulation of 4.11 and 4.176?

      I think it might enlightening for all of us.

      Also I have been looking for Shahrour site, but the url is not working.

      Salaam and thanks in advance.

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        unknownuser
        wrote on last edited by
        #209

        Peace huruf,

        This is for Samia, Nun de plume or whoever might give helpful insights into the question.

        Please, could you compare the formulation of 4.11 and 4.176?

        I think it might enlightening for all of us.

        Also I have been looking for Shahrour site, but the url is not working.

        Salaam and thanks in advance.

        This is something I've been working on to write an article; almost have it only a few things not clear.

        411

        • he directs you (p) - God - in - you (p) children
        • to the remembrance - alike - luck/fortune - the two females
          ? so if - be - women - over - two (f) - so for them (f) - two thirds - what - left
        • and if - were ? one/single - so for her - the half

        Traditional understanding if only girls > 2 is a contradiction
        1 ? 1/3 parents ? 2/3 daughters - 1/4 husband = - 1/4 shortage

        Why translate to the male same word used as below?

        5417
        ? and We have - eased ? the Qur?an - to the remembrance - so is there - from ? those who remember/are mindful

        4176

        • they (b) were - two (f) - so to them (b/f) - the two thirds - from what - left ? and if - they were ? brethren - men ? and women ? so remember??? - alike - fortune - the two females

        What if > 2 females, does it mean at least two (i.e. presence of two) they get 2/3?

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          unknownuser
          wrote on last edited by
          #210

          Never mind the above; looked it up

          http//www.studyquran.co.uk/PRLonline.htm

          = Thaal-Kaf-Ra = to remember/commemorate/recollect, study in order to remember, remind, bear in mind, mindful, mention/tell/relate, magnify/praise, admonish/warn (e.g. dhikra is the 2nd declenation and it is stronger than dhikr), preach, extol, give status.
          nobility/eminence/honour, fame, good report, cause of good reputation, means of exaltation.

          Male/man/masculine (dhakar, dual - dhakarain, plural - dhukur).

          dhakar (pl. dhukur) - 336, 3195, 411, 4124, 4176, 6139, 6143, 6144, 1697, 26165, 4040, 4249, 4250, 4913, 5321, 5345, 7539, 923

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            huruf
            wrote on last edited by
            #211

            Thanks indeed, Eid, for your input.

            I am going to quote parts I find of interest in comparison between the two ayas

            411

            God directs you regarding the inheritance of your children ?To the male shall be as that given to two females. If they are only females, two or more, then they will have two thirds of what is inherited. And if there is only one female, then she will have one half. And to his parents, each one of them shall have one sixth of what is inherited, if he has a child. If he has no child and his parents are the heirs, then to his mother is one third; if he has siblings then to his mother is one sixth. All after a will is carried through or a debt. Your parents and your children, you do not know which is closer to you in benefit, a directive from God, God is Knowledgeable, Wise.?

            4.176

            They seek a ruling from you, say ?God gives you the ruling for those who have no descendants. If a person passes away and has no children but has a sister, then she shall receive half of what he leaves behind. And he will inherit from her fully if she has no child. However, if he has two sisters, then they will receive two thirds of what he left behind; and if he has siblings, male and female, then the male shall receive twice what the female receives.? God makes clear to you that you do not stray; God is aware of all things.


            I hesitated to put the English translation because it does a lot of interpretation and I want to keep exclusively to the nude Arabic in order to see exactly what can be understood. But I put it so that anybody can better follow whatever is said.

            I put both of them together because regarding the interpretation that Samia gave us of 4.11 as pur forward by Shahrour, I found that there might or might not be some parallelism between both ayas as far as the male part of the two females.

            So I hope that by comparing we might gain further understanding.

            thanks

            Salaam

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            • U Offline
              U Offline
              unknownuser
              wrote on last edited by
              #212

              Peace huruf,

              Thanks indeed, Eid, for your input.

              I am going to quote parts I find of interest in comparison between the two ayas

              411

              4.176

              I found that there might or might not be some parallelism between both ayas as far as the male part of the two females.

              So I hope that by comparing we might gain further understanding.

              The Arabic is verbatim identical.

              411

              • to the male - alike - fortune - the two females
                4176
                ? to the male - alike ? fortune - the two females

              http//www.mathcracker.com/piechartimage.php?data=2,%201,%201&cat=male,%20female-1,%20female-2

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                almarh0m
                wrote on last edited by
                #213

                Salamun laykum

                Forgive me for sticking my head in this debate , but could someone please tell me if this "Rule of Inheritance" applies if the deceased benefactor left a valid Will ?

                Thank you

                almarh0m

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                • U Offline
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                  unknownuser
                  wrote on last edited by
                  #214

                  Salaam,

                  Salamun laykum

                  Forgive me for sticking my head in this debate , but could someone please tell me if this "Rule of Inheritance" applies if the deceased benefactor left a valid Will ?

                  Thank you

                  almarh0m

                  A last will and testament takes precedence and all are encouraged to write one.

                  2180
                  (&#1632
                  It is prescribed on you, if the death approaches any of you, if he leaves wealth, that he make a bequest/will to the parents and the nearest of kin with the kindness, a duty on the righteous.

                  1. All expenses and debts of the deceased are to be paid
                  2. If there is a will and bequests property, money?s, etc, are distributed accordingly
                  3. Anything remaining or in the case there is no will distributions are to be done according to Qur?an
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                    almarh0m
                    wrote on last edited by
                    #215

                    Peace Eid

                    Salaam,

                    A last will and testament takes precedence and all are encouraged to write one.

                    2180
                    (&#1632
                    It is prescribed on you, if the death approaches any of you, if he leaves wealth, that he make a bequest/will to the parents and the nearest of kin with the kindness, a duty on the righteous.

                    1. All expenses and debts of the deceased are to be paid
                    2. If there is a will and bequests property, money?s, etc, are distributed accordingly
                    3. Anything remaining or in the case there is no will distributions are to be done according to Qur?an

                    Thank you for the prompt and clear reply , my mind is at ease now regarding this important subject .

                    Peace be upon you all

                    almarh0m

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                    • H Offline
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                      huruf
                      wrote on last edited by
                      #216

                      There are important differences between 4.11 nd 4.176

                      In 4.11 it says it is speaking fi awladikum, thus grouping the first grade descendants, whereas it is not so formulated when dealing with the brethren. It speaks first about when there is a sister, then two sisters, and then goes onto the disribution if there both sisters and brothers. That is not done in 4.11. Also en 4.11 it says if more than two of the children are females, then they get two thirds of the succession. Whereas in 4.176 if there are two sisters, they get two thirds.

                      Also en 4.176 says it is talking bout el kalala, kalala meaning, as has been said in this thread without ascendants or descendants, but then it says regarding the woman who dies leaving a brother that he inherits her sucession if she doesn't have a child. What does this mean? If we are talking about a kalala, is the sister who dies without a child kalala or not?

                      Salaam

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                      • S Offline
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                        Samia
                        wrote on last edited by
                        #217

                        There are important differences between 4.11 nd 4.176

                        In 4.11 it says it is speaking fi awladikum, thus grouping the first grade descendants, whereas it is not so formulated when dealing with the brethren. It speaks first about when there is a sister, then two sisters, and then goes onto the disribution if there both sisters and brothers. That is not done in 4.11. Also en 4.11 it says if more than two of the children are females, then they get two thirds of the succession. Whereas in 4.176 if there are two sisters, they get two thirds.

                        Also en 4.176 says it is talking bout el kalala, kalala meaning, as has been said in this thread without ascendants or descendants, but then it says regarding the woman who dies leaving a brother that he inherits her sucession if she doesn't have a child. What does this mean? If we are talking about a kalala, is the sister who dies without a child kalala or not?

                        Salaam

                        Verse 411 is about a deceased leaving children and a spouse. If you mean brothers and sisters of the deceased, they get nothing.
                        Verse 4176 is the second verse about a deceased without parents nor children (kelala). This one is if this deceased "kelala" does not have a spouse. The first one about a kelala with a spouse is verse 412., which deals in cases of left spouses, including the spouse of a kelala

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                          unknownuser
                          wrote on last edited by
                          #218

                          Peace Samia,

                          Verse 4176 is the second verse about a deceased without parents nor children (kelala).

                          No father is correct; the mother's share however is specified when there are brethren.
                          Therefore her presence cannot be ruled out in either verse 412 or 4176

                          411...so if brethren were for him, so to his mother the 1/6

                          This one is if this deceased "kelala" does not have a spouse. The first one about a kelala with a spouse is verse 412., which deals in cases of left spouses, including the spouse of a kelala

                          There can be no spouse in either Kalala 412/4176 or there will be a contradiction with shares not allocated.

                          Ex mother, husband, brother
                          412 And for you 1/2 what your wives left, if is not for them a child
                          412...and if was a man to be inherited kalalatan or a woman,
                          and for him a brother, or a sister, so for each one from them the 1/6

                          1/6 mother + 1/2 husband + 1/6 brother = 5/6 (not allocated 1/6)

                          http//www.mathcracker.com/piechartimage.php?data=1,%203,%201,%201&cat=mother,%20husband,%20brother,%20unallocated

                          Ex mother, wife, brother
                          412 ...and for them the quarter from what you left, if was not for you a child

                          1/6 mother + 1/4 wife + 1/6 brother = 7/12 (not allocated 5/12)

                          http//www.mathcracker.com/piechartimage.php?data=2,%203,%202,%205&cat=mother,%20wife,%20brother,%20unallocated

                          Kalala 412 or 4176 is always fatherless without a spouse (e.g. widower or never married).

                          Ex mother, brother

                          1/6 mother + 5/6 brother = 1

                          Peace

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                          • S Offline
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                            Samia
                            wrote on last edited by
                            #219

                            Peace Samia,

                            No father is correct; the mother's share however is specified when there are brethren.
                            Therefore her presence cannot be ruled out in either verse 412 or 4176

                            411...so if brethren were for him, so to his mother the 1/6

                            411 is about children. kelala is irrelevant here.
                            Where is mother or father mentioned in 412 or in 4176?
                            412 is about share of spouses, 4176 about brethren. No parents are mentioned in either verse.

                            One should also notice what each verse is about
                            411 About children and parents (deceased standard not kelala)
                            412 Spouses. If deceased standard and in case spouse left with children, or kelala then there are no children, but brethren. So here we have the spouse and brethren of a kelala, spouse and children of standard (even if they have brethren they do not inherit in the presence of a kelala)
                            4176 Brethren. We had their share in presence of spouse. Here they are alone. Parents not mentioned here because this is a kelala and has no parents. Share of parents in presence or absence of children (and presence of spouse) is mentioned in 411

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                              unknownuser
                              wrote on last edited by
                              #220

                              Salaam Samia,

                              411 is about children. kelala is irrelevant here.
                              Where is mother or father mentioned in 412 or in 4176?
                              412 is about share of spouses, 4176 about brethren. No parents are mentioned in either verse.

                              This was already explained by Onur in a prior post

                              Selam Samia,
                              ....

                              Plus, as I argued before, it is wrong to say that kilalah does not have a mother for the following reason

                              1. Siblings acquire the status of inheritors only when the deceased is kilalah.
                              2. 411 specifies the share of the mother when the deceased has siblings.
                              3. From 2, we infer that the presence of siblings has an effect on the share of the mother which would make sense only if siblings and mothers are inheritors at the same scenario. Since siblings are inheritors, this scenario happens when the deceased is a kilala.
                              4. From 1 and 3, we infer that a person may die as a kilala leaving behind mother and siblings and both of these can become inheritors at the same time.

                              In other words, it would be wrong to include motherless in the definition of a kilala.

                              One should also notice what each verse is about
                              411 About children and parents (deceased standard not kelala)
                              412 Spouses. If deceased standard and in case spouse left with children, or kelala then there are no children, but brethren. So here we have the spouse and brethren of a kelala, spouse and children of standard (even if they have brethren they do not inherit in the presence of a kelala)
                              4176 Brethren. We had their share in presence of spouse. Here they are alone. Parents not mentioned here because this is a kelala and has no parents. Share of parents in presence or absence of children (and presence of spouse) is mentioned in 411

                              In addition, to what Onur posted the brethren (i.e. siblings) are also mentioned and the whole section (411-12) which is to be read together in context then logically tied to 4176 as well any other verse on the topic without contradiction the same to understand Qur?an on any subject.

                              Also, please use working examples as already posted above and here is another

                              Ex wife, brother (if kalala has spouse per 412)

                              1 - 1/4 wife - 1/6 brother = 7/12 unallocated?

                              http//www.mathcracker.com/piechartimage.php?data=3,%202,%207&cat=wife,%20brother,%20unallocated

                              Does the above distribution according to your understanding look reasonable and who gets the unallocated?

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                                arista
                                wrote on last edited by
                                #221

                                Salam,

                                I have question

                                412 ".... If a man or a woman has no one, but has a brother or sister, then to each one of them is one sixth... "

                                Is it 412 said
                                if only have 1 brother, then his brother get 1/6?
                                if only have 1 sister, then his sister get 1/6?

                                Then how about reference it to 4176 " .... If a person passes away and has no children but has a sister, then she shall receive half of what he leaves behind.... ". This part said if only have 1 sister, then his sister get 1/2?

                                So, is it 412 only talk about single man / woman and 4176 talk about married person who's leave spouse but have no descendants?

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                                  Samia
                                  wrote on last edited by
                                  #222

                                  Salaam Samia,

                                  This was already explained by Onur in a prior post

                                  In fact Onur's post is full of errors, and he enfers too much fom the simplest verse on inheritence. Neither you nor onur showed where mother or parent is/are shown in verses 412 / 176. The kelala is a parentless childless person
                                  Onur says

                                  1. Siblings acquire the status of inheritors only when the deceased is kilalah.
                                  2. 411 specifies the share of the mother when the deceased has siblings.
                                  3. From 2, we infer that the presence of siblings has an effect on the share of the mother which would make sense only if siblings and mothers are inheritors at the same scenario. Since siblings are inheritors, this scenario happens when the deceased is a kilala.
                                  4. From 1 and 3, we infer that a person may die as a kilala leaving behind mother and siblings and both of these can become inheritors at the same time.

                                  Once Onur looked at verse 411 as about mother, he made the first mistake. The verse is about "your children".
                                  The second mistake is to infer that the deceased can be a kelala, when it's undebatable that the kelala does not have children (if this is what he meant by siblings) or siblings are not even mentioned in this verse and they are not guaranteed heirs ( if he meant brethren).
                                  This mix up and misunderstanding of what a kelala is, is the cause of a lot of confusion.

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                                    Samia
                                    wrote on last edited by
                                    #223

                                    Salam,

                                    I have question

                                    412 ".... If a man or a woman has no one, but has a brother or sister, then to each one of them is one sixth... "

                                    Is it 412 said
                                    if only have 1 brother, then his brother get 1/6?
                                    if only have 1 sister, then his sister get 1/6?

                                    Then how about reference it to 4176 " .... If a person passes away and has no children but has a sister, then she shall receive half of what he leaves behind.... ". This part said if only have 1 sister, then his sister get 1/2?

                                    So, is it 412 only talk about single man / woman and 4176 talk about married person who's leave spouse but have no descendants?

                                    Salaam arista
                                    It's the opposite. Verse 412 is mainly about the share of spouses. If a kelala is mentioned in this context, then it's a kelala leaving a spouse.
                                    Verse 4176 is about share of brethren without any other heir No spouse, and of course no parents nor children since this verse is exclusively about the kelala.

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                                      huruf
                                      wrote on last edited by
                                      #224

                                      Verse 411 is about a deceased leaving children and a spouse. If you mean brothers and sisters of the deceased, they get nothing.
                                      Verse 4176 is the second verse about a deceased without parents nor children (kelala). This one is if this deceased "kelala" does not have a spouse. The first one about a kelala with a spouse is verse 412., which deals in cases of left spouses, including the spouse of a kelala

                                      Actually this was not the important part of my question on the comparison of 4.11 and 4.176, it only struck me that if it starts talking about a man kelala, why does it specify then that a sister who dies, besides being kelala leaves no child. It doesn't specify such a thing when talking about a brother who dies.

                                      That is one thing, but the important part of what I meant to be compared between 4.11 and 4.176 was the parallel formulation of what the children inherit in 4.11 and what the brothers or sisters inherit in 4.176 particularly in what regards de distribution between males and females as it is provide in 4.176 and compared to what was discussed in the thread regarding the distribution of inheritance between the children of the deceased according tot he different mix of males and females, as you suggested following shahrour's ideas and that is why I pointed out

                                      "In 4.11 it says it is speaking fi awladikum, thus grouping the first grade descendants, whereas it is not so formulated when dealing with the brethren. It speaks first about when there is a sister, then two sisters, and then goes onto the disribution if there both sisters and brothers. That is not done in 4.11. Also en 4.11 it says if more than two of the children are females, then they get two thirds of the succession. Whereas in 4.176 if there are two sisters, they get two thirds."

                                      So, I will formulate again the question ?does the wording in 4.11 warrant any interpretation that regarding the male and females parts should be similar as in 4.176?

                                      Salaam

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                                        arista
                                        wrote on last edited by
                                        #225

                                        Salam,

                                        Salaam arista
                                        It's the opposite. Verse 412 is mainly about the share of spouses. If a kelala is mentioned in this context, then it's a kelala leaving a spouse.
                                        Verse 4176 is about share of brethren without any other heir No spouse, and of course no parents nor children since this verse is exclusively about the kelala.

                                        So, what is mean by 412 ".... If a man or a woman has no one, but has a brother or sister .... " ? NO ONE? no spouse, no children, no parents?

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                                          unknownuser
                                          wrote on last edited by
                                          #226

                                          In fact Onur's post is full of errors, and he enfers too much fom the simplest verse on inheritence. Neither you nor onur showed where mother or parent is/are shown in verses 412 / 176. The kelala is a parentless childless person
                                          Onur saysOnce Onur looked at verse 411 as about mother, he made the first mistake. The verse is about "your children".

                                          Onur is correct.

                                          411-12 along with 476 is read as a continues paragraph which have to be logically tied toghether without contradiction!

                                          Also, you keep posting without addressing any examples above?

                                          Inheritance distributions are mathematics and cannot be ambiguous with shares not adding up or not enough.

                                          411...and to his PARENTS, to each one from them the 1/6 from what he left, if for him was a child,
                                          so if was not for him a child, and his parents inherited him, so to his mother the 1/3,
                                          so if brethren were for him, so to his mother the 1/6,

                                          As you see above, the fathers share is only stated if a child, all other cases have to be inferred logically calculated.

                                          Ex mother, father (no child father?s share is variable)
                                          1 - 1/3 mother = 2/3 father

                                          Ex husband, father
                                          1 ? 1/2 husband = 1/2 father

                                          The second mistake is to infer that the deceased can be a kelala, when it's undebatable that the kelala does not have children (if this is what he meant by siblings) or siblings are not even mentioned in this verse and they are not guaranteed heirs ( if he meant brethren).
                                          This mix up and misunderstanding of what a kelala is, is the cause of a lot of confusion.

                                          Undebatable, really? According to what, grammar based off tradition that says Kalala was never understood and conjectured having neither ascendants nor descendants which caused most of the contradictions as in the simple case posted?

                                          Ex wife, brother (if kalala has spouse per 412)

                                          1 - 1/4 wife - 1/6 brother = 7/12 unallocated?

                                          http//www.mathcracker.com/piechartimage.php?data=3,%202,%207&cat=wife,%20brother,%20unallocated

                                          Does the above distribution according to your understanding look reasonable and who gets the unallocated?

                                          Peace

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