Quran inheritance mistake
-
Salaam Samia and huruf and thanks for replying.
Salaam Nooreen
I will start with your very last question
The will is independent of the distribution of the inheritance. Whoever is writing the will knows the special circumstances of their heirs, and can distribute the wealth accordingly. The inheritance verse, as clearly explained, are to be applied in case there's no will, or there are monies not taken into consideratin when writing the will.
I know. But we're inserting a bit where it says that if the terms of the will cannot be carried out, for whatever reason, then the wealth will be distributed according to the relevant Qur'aanic verses. The solicitor who is writing it thinks it's fine to just say that, but we'd prefer to specify the portions rather than leaving it open to interpretation.
Yes, this about covers all the possibilities regrding the ratios of males to females.
411 speaks of "children" and mentions all possibilities.
What about one female to more than one male?
Another thing "more than two women" - does it have to mean 3+ females per male or can it mean 3+ females even there are 2+ males?When the share of a heir is determined, the rest of the wealth goes to the other eligible heirs, or return back to the only remaining heir if no other eligible heir/s exist.
It's to be noticed that the share of children is not determined vis a vis the inheritance like the spouse or the parents, but only within them.OK.
If we take it as an only female child, and take (more than two women ) as only females, what about (only two females) and where shall we find their share? Who will inherit the remaining wealth?
If we take it like that, then maybe the only two females get the full remainder because it's not specified? Btw I don't think that the "more than two women" are without brothers.
This is the error of scholars when they brought uncles and cousins with children, when they may only inherit in case there are no children at all.
Uncles and cousins of the deceased? Do they inherit in the absence of surviving children?
The discussion between Eid, Tlepsh and me diverged at the point of our different understandings of the definition of "kelala". So you can follow up from there.
I know, but I need to understand the basics first.
Also in 4.176 it is specifically mentioned if among the siblings there males and females, that mention is not made in 4.11. and indeed the females are mentioned as part of the
"children".Salaam
But the phrase used is the same. So it doesn't necessarily mean "if there are two females for every male" ... or does it? If it does, then maybe we can get other ratios of brotherssisters from verse 412?
-
Peace all -
I know. But we're inserting a bit where it says that if the terms of the will cannot be carried out, for whatever reason, then the wealth will be distributed according to the relevant Qur'aanic verses. The solicitor who is writing it thinks it's fine to just say that, but we'd prefer to specify the portions rather than leaving it open to interpretation.
Important to note that a last will and testament takes precedence and all are encouraged to write one; after all debt and bequests are paid off then finally inheritance distributions are applied and that a sole inheritor gets the whole since there is none left to divide with which inheritance is a ruling for division of shares.
2180
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.- All expenses and debts of the deceased are to be paid
- If there is a will and bequests property, money?s, etc, those are distributed accordingly
- Anything remaining or in the case there is no will distributions are to be done according to Qur?an
What about one female to more than one male?
Another thing "more than two women" - does it have to mean 3+ females per male or can it mean 3+ females even there are 2+ males?The verses on inheritance are widely misunderstood with countless contradictive interpretations, disagreement, and controversy mainly due to not reading precisely as stated or with predispositions and imbedded thoughts ingrained in the mind which make simple statements come out distorted especially the case with women?s shares which one has to keep in mind that 1400 years ago women were treated as property themselves with no rights to inherit or voice in such matters which Qur?an came to change status quo set things right.
47
To the men a share from what the parents and the nearest related left, and to the women a share from what the parents and the nearest related left, from what lessened from it or increased, a share specified.Those who inherit are encouraged to remember their distant relatives, orphans, and the poor.
48
And if of the relations, and the orphans, and AlMas?kin (the poor/oppressed) attended the apportionment, so provide for them from it, and speak to them words of kindness.411-12
The above is a contiguous passage and should be cross-referenced with the rest of Qur'an with no contradiction as with any topic; verse numbers are not separators of thoughts and only there to make it easier for reference unless one commits the entire Qur'an to memory then no need for verse numbering.
Distributions are first stated for children, parents, spouses, and finally for a deceased who is without a father and spouse-less (i.e. Kalala) first the case is given with children (e.g. could be a widower or person with children out of wedlock) then Kalala no child -- according to some traditions was the last verse revealed.
I?ll give examples to answer the numerous supposed contradictions...
http//www.answering-islam.org/Quran/Contra/i001.htmlAlso see Al-Awl or using normalization (algebra) to fix inconsistencies
http//www.sillyallah.com/2007/11/inheritance-mistake-in-detail-part-2.htmlInheritance distributions are mathematics and cannot be ambiguous; they are precise verses and instructions to be followed ? literally. Therefore, the literal translation is best.
One issue traditionalists scholars failed to understand and always apply the general case is that a son always gets double share of a daughter often inserting wrong language like ?if only daughters? and ?two or more? (=>2) when verse says precisely over two meaning =>3!
411
- to the male - alike - fortune - the two females
http//www.mathcracker.com/piechartimage.php?data=2,%201,%201&cat=male,%20female-1,%20female-2
411 God directs you in your CHILDREN, to the male equal share the two females,
so if they are women (daughters) over two, so for them two thirds what he left,
and if she was one, so for her the half?A precise equation is given above revolving around the # of females; easy to visualize.
Here is the diagram of ratio distribution for CHILDREN?
http//i42.tinypic.com/2v9vo89.jpg
Females to males (daughters sons) ratio distributions
1m 2m_ 3m___ 4m
1f___ 11___ 11___ 11___ 11
2f___ 12___ 11___ 12___ 12
3f___ 21___ 21___ 11___ 21
4f___ 21___ 12___ 21___ 11
When there is an equal # of boys and girls, they share equally with a ratio 11
Examples with total inheritance estate of $100k
1 daughter, 1 son (1f 1m) ratio is 11
1 daughter = $50k or 1/2; 1 son = $50k or 1/22 daughters, 2 sons (2f 2m) ratio is 11
2 daughters = $50k (1/2); 2 sons = $50k or 1/21 daughter, 4 sons (1f 4m) ratio is 11
1 daughter gets $50k or 1/2
4 sons = $12.5k each ($50k total); they split remaining 1/21 daughter, 10 sons (1f 10m) ratio is 11
$50k + $50k = $100k
1 daughter gets 1/2; 10 sons get $5k each split remaining 1/24 daughters, 1 son (4f 1m) ratio is 21
4 daughters = $66.66k or 2/3; 1 son = $33.33k or 1/32 daughters, 1 son
$25k + $25k + $50k = $100k3+ daughters; 1 son
$66,667 (2/3) + $33,333 (1/3) = $100kIn absence of children the above is applicable to grandchildren or great-grandchildren stand in the place of their parent; as for example
1 daughter, 10 grandchildren from 1 son
1/2 daughter + 1/2 grandchildren (they share in the son's inheritance)If we take it like that, then maybe the only two females get the full remainder because it's not specified? Btw I don't think that the "more than two women" are without brothers.
Uncles and cousins of the deceased? Do they inherit in the absence of surviving children?
I know, but I need to understand the basics first.
Continuing?
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,
All descendants are as children and all ascendants are as parents thus grandparents share equally with parents as do grandchildren treated as sons/daughters as in prior example.
If there are children, each parent first receives 1/6 with remaining distributed to children according to the ratios above.
Examples...
parents, 1 daughter, 1 son
1 ? 1/3 parents (1/6 mother + 1/6 father) = 2/3 Children (1f 1m; ratio is 11)1 daughter = 1/2 * 2/3 = 1/3
1 son = 1/2 * 2/3 = 1/3mother, 1 daughter
1 ? 1/6 mother = 5/6 daughter (only child gets the whole, ratio 10)father, 5 sons
1 ? 1/6 father = 5/6 sons (1/6 each son)father, 5 daughters
1 ? 1/6 father = 5/6 daughters (1/6 each, as above)If no children and both parents alive, the mother?s share is fixed at 1/3
1 ? 1/3 mother = 2/3 father
If no father and there are brethren (ikhwatun) the mother?s share is fixed at 1/6
If no father and also no brethren, then the mother?s share is variable.
Continuing?
Distributions to HUSBAND
412 And for you half what your spouses/wives left, if is not for them a child, so if was for them a child, so for you the quarter from what they left from after a bequest/will they bequeath with it or a debt
parents; husband; 3 daughters
1 ? 1/3 parents (1/6 each) ? 1/4 husband = children?s share (3 daughters ratio 10)husband, parents
1 ? 1/2 husband = 1/2 parents (1/6 mother + 1/3 father)husband, father (no child father?s share is variable)
1 ? 1/2 husband = 1/2 fatherhusband, mother {likewise no father/brethren mother's share is variable)
1 ? 1/2 husband = 1/2 motherDistributions to WIVES (i.e. widows)
412 ...and for them the quarter from what you left, if was not for you a child, so
if was for you a child, so for them the eight from what you left from after a bequest/will you bequeath with it or a debtwife, parents
1 ? 1/4 wife = 3/4 parents (1/4 mother + 1/2 father)wife, father
1 ? 1/4 wife = 3/4 fatherwife, mother (no child, father or brethren, mother?s share is variable)
1 ? 1/4 wife = 3/4 motherContinuing...
Spouse-less and Fatherless {Kalala} first with 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 sixth, so if they were more than that, so they are partners in the third
According to traditions, the word Kalala was never really understood; Ibn Kathir wrote ?If a man or a woman was left in Kalalah? derivative of Iklil or ?crown that surrounds the head? and was conjectured as having neither ascendants nor descendants or no direct heir leading to contradiction.
Here are a few narrations on the topic
Sahih Muslim Book #011, Hadith #3937
Abu Talha reported 'Umar b. al-Khattab (Allah be pleased with him) delivered a sermon on Friday and made a mention of Allah's Apostle (may peace be upon him) and he also made a mention of Abu Bakr (Allah be pleased with him) and then said I do not leave behind me any problem more difficult than that of Kalala. I did not refer to Allah's Messenger (may peace be upon him) more repeatedly than in case of the problem of Kalala, and he (the Holy Prophet) never showed more annoyance to me than in regard to this problem, so much so that he struck my chest with his fingers and said 'Umar, does the verse revealed in summer season, at the end of Sura al-Nisa' not suffice you? Hadrat 'Umar (then) said If I live I would give such verdict about (Kalala) that everyone would be able to decide whether he reads the Qur'an or he does not.It was also conjectured that a sister of a childless man inherits half of his property and the brother of a childless woman inherits all of her property and also assumed there was no other inheritors which the question arises what amount to give an only sister -- 1/6 in 412 or the 1/2 in 4176?
The workaround was that 412 refers to uterine siblings or half sisters and brothers having the same mother but a different father which also leads to contradictions.
sister, wife
1 ? 1/4 wife ? 1/6 sister = 7/12 (amount left unallocated)Another situation was when total distribution is greater than the whole which the fix was to use algebra to proportionately decrease/increase each amount by a common denominator called al-awl.
husband, mother, 3 uterine brothers, 2 full brothers
1/2 husband + 1/6 mother + 1/3 uterine brothers (412) = 0 full brothers (4176)The above was a supposed case during the caliphate of Umar ibn al-Khattab who ruled the 2 full brothers got nothing since there was nothing remaining to share. The full brothers argued and Umar reconsidered his ruling allowed the full brothers to inherit equally with the uterine brothers in the shares which was not according to Qur'an.
In the presence of a father or spouse, siblings get nothing; they are not even mentioned until Kalala and inherit only when the deceased is Kalala while the mother?s share is specified when there are brethren Ikhwatun (411) requires the presence of a male same as with rijalan for example; thus siblings and mother can obviously be inheritors together.
Also important to note on Kalala
4176 ...if human died, not for him a ChildIllogical to state IF CHILDLESS not for him a CHILD. unless exists Kalala with Child!
Continuing...
Kalala - no spouse and no father (a widower for example) with Child
son, daughter, brother, sister
411 God directs you in your CHILDREN, to the male equal share the two females,
so if they are women (daughters) over two, so for them two thirds what he left,
and if she was one, so for her the half?Kalala with Child use...
412...and if was a man to be inherited Kallatan or a woman, and for him a brother, or a sister, so for each one from them the sixth, so if they were more than that, so they are partners in the third
1 - 1/3 siblings = 2/3 children (1/2*2/3 = 1/3 daughter, 1/3 son)
http//www.mathcracker.com/piechartimage.php?data=1,%201,%202,%202&cat=sister,%20brother,%20daughter,%20son
1 sibling, children
1 ? 1/6 sibling = 5/6 children (distributed according to 411)2+ siblings, mother, children
1 ? 1/6 mother ? 1/3 siblings = 1/2 children (again use ratio diagram to distribute per 411)Finally, the case deceased was Kalala NO CHILD
4176
They ask your clarification, say "God decrees in alkalalati, if (a) human died, not for him a child, and for him a sister, so for her half what he left, and he inherits her if was not for her a child, and if they were two, so to them the two thirds from what he left, and if they were brethren men and women, so to the male equal fortune the two females, God clarifies for you that you (not) be misguided, and God is with every thing knowledgeable.mother, 2 sisters, brother {Kalala NO CHILD use 4176}
1/6 mother = 5/6 siblings (i.e. to the male equal share the two females)http//www.mathcracker.com/piechartimage.php?data=3,%205,%205,%2010&cat=mother,%20sister%201,%20sister%202,%20brother
mother, father, sister, brother {not Kalala, use 411 parents only inheritors}
...so if was not for him a child, and his parents inherited him, so to his mother the 1/31 - 1/3 mother = 2/3 father {siblings get nothing}
http//www.mathcracker.com/piechartimage.php?data=1,%202&cat=mother,%20father
1+ brothers, mother (411...mother 1/6)
1 ? 1/6 mother = 5/6 brothersIf no father and no brethren/Ikhwatun, the mother?s share is variable.
sister, mother
1 ? 1/2 sister = 1/2 mother2+ sisters (i.e. presence of two), mother
1 ? 2/3 sisters = 1/3 mother2+ siblings mixed, mother (411...mother 1/6)
1 ? 1/6 mother = 5/6 siblingsThe above is to my understanding without contradictions and as with any topic is an exercise in logic teaching how to read Qur'an, cross-reference, etc., if it contradicts then it's our understanding at error and if you disagree with the distributions, write a will as God commands and God knows best.
-
Salaam Eid, all
I enjoyed reading your well organized post, and the full explanation. However, I have a few points to comment on, and of course the ever debated "kelala" issue. So I will start with the first point of concern
In absence of children the above is applicable to grandchildren or great-grandchildren stand in the place of their parent; as for example
I am not sure about this. The verses speak of "awlaad" not "abnaa'", which is the difference between "children" and "descendants, including grand children; just like the difference between "waalid" and "ab". Unless they speak of "abnaa'", I believe it's about children only.
Spouse-less and Fatherless {Kalala} first with 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 sixth, so if they were more than that, so they are partners in the third
I do not know why you suddenly moved to a "spouseless" case. This "kelala" is being inherited as spouse, because the address from the beginning of the verse is shifted from "about the desceased" in 411 to "you who survive a spouse", and the kelala is the spouse you survive. Please re-reed the verse again.
Illogical to state IF CHILDLESS not for him a CHILD. unless exists Kalala with Child!
But the verse does not say that! It says if someone dies not for him/her a child/ . In context it says (They ask your legal understanding , say God explains to you the legal definition of kelala if someone dies, not for him a child.../ .
The only thing I can conclude form this is that if someone without children, but not dead, he/she is not kelala (not yet, at least).According to traditions, the word Kalala was never really understood; Ibn Kathir wrote ?If a man or a woman was left in Kalalah? derivative of Iklil or ?crown that surrounds the head? and was conjectured as having neither ascendants nor descendants or no direct heir leading to contradiction.
The problem with traditionalists, whose understanding seem correct, is that they presumed that (only daughters) are not to be considered as "descendants". They make the gruesome mistake of (if someone dies not to him a child in imri'un halaka laisa lahu walad/ ) when they took "walad" to mean "son" instead of "child". This is what the Islamic Shai3a is based on, in addition to the many errors concerning female children share.
-
Salaam Samia,
Salaam Eid, all
I enjoyed reading your well organized post, and the full explanation. However, I have a few points to comment on, and of course the ever debated "kelala" issue. So I will start with the first point of concern
I am not sure about this. The verses speak of "awlaad" not "abnaa'", which is the difference between "children" and "descendants, including grand children; just like the difference between "waalid" and "ab". Unless they speak of "abnaa'", I believe it's about children only.Thanks, only three verses going on 18 months now...lol
411 God directs you in your CHILDREN
Question is does Qur?an view a grandchild as a person?s child, as for example with little Barack?
http//ladydi377.files.wordpress.com/2008/06/barack-obama-and-grandfather.jpg
I do not know why you suddenly moved to a "spouseless" case. This "kelala" is being inherited as spouse, because the address from the beginning of the verse is shifted from "about the desceased" in 411 to "you who survive a spouse", and the kelala is the spouse you survive. Please re-reed the verse again.
To husband
412 And for you half what your spouses/wives leftTo wives
412 ...and for them the quarter from what you leftKalala (i.e. spouseless, no father)
412...and if was a man to be inherited kalalatan or a womanPeople marry, have children, get divorced, spouse dies, has be spouse-less case with children 412 then without 4176
But the verse does not say that! It says if someone dies not for him/her a child/ . In context it says (They ask your legal understanding , say God explains to you the legal definition of kelala if someone dies, not for him a child.../ .
The only thing I can conclude form this is that if someone without children, but not dead, he/she is not kelala (not yet, at least).There is no legal definition in the verse ? that is an assumption. It says precisely the case for a kalala without child
4176 ?"God decrees in alkalalati, if human died, not for him a child
The problem with traditionalists, whose understanding seem correct, is that they presumed that (only daughters) are not to be considered as "descendants". They make the gruesome mistake of (if someone dies not to him a child in imri'un halaka laisa lahu walad/ ) when they took "walad" to mean "son" instead of "child". This is what the Islamic Shai3a is based on, in addition to the many errors concerning female children share.
Parentless and childless contradicts; nothing to differentiate siblings in 412 /4176, e.g.
What amount to give an only sister, 1/6 (412) or 1/2 (4176)?
Cannot use spouseless to toggle between the two verses, examples
wife, sister
1 ? 1/4 wife ? 1/6 sister = 7/12 unallocated if using 412?1 ? 1/4 wife ? 1/2 sister = 1/4 unallocated if using 4176?
brother, 2 sisters
412... so if they were more than that, so they are partners in the third
1 ? 1/3 = 2/3 unallocated?brother, 2 sisters
4176...to the male alike fortune the two femalesPeace
-
Salaam Eid, all,
Thanks for your detailed explanation.
- Anything remaining or in the case there is no will distributions are to be done according to Quran
That just won't happen unless mentioned in a will. The other thing is that if your gift of estate fails, it will be distributed according to the laws of the land. Some people prefer to have it distributed according to Qur'aanic verses.
When there is an equal # of boys and girls, they share equally with a ratio 11
Examples with total inheritance estate of $100k
1 daughter, 1 son (1f 1m) ratio is 11
1 daughter = $50k or 1/2; 1 son = $50k or 1/22 daughters, 2 sons (2f 2m) ratio is 11
2 daughters = $50k (1/2); 2 sons = $50k or 1/21 daughter, 4 sons (1f 4m) ratio is 11
1 daughter gets $50k or 1/2
4 sons = $12.5k each ($50k total); they split remaining 1/21 daughter, 10 sons (1f 10m) ratio is 11
$50k + $50k = $100k
1 daughter gets 1/2; 10 sons get $5k each split remaining 1/2"If she is one so to her the half" - does this mean
- if ratio of femalemale is 11, or
- if the number of females is one?
It's got to be one or the other, surely.
Kalaalah
Siblings only inherit from a kalaalah. 411 seems to suggest that siblings may inherit in the presence of parents. Therefore kalaalah cannot be parentless or fatherless. Also, I think "parents are heirs" means both parents are alive, though I might be wrong.only three verses going on 18 months now...lol
I have learned a lot from what everyone has contributed to this thread, things I'd never considered before. Keep up the great work! bravo
Maybe there is a reason why the third verse doesn't come consecutively after the first two and not even until the very end of the chapter.
-
Salaam nwryn,
Salaam Eid, all,
Thanks for your detailed explanation.
That just won't happen unless mentioned in a will. The other thing is that if your gift of estate fails, it will be distributed according to the laws of the land. Some people prefer to have it distributed according to Qur'aanic verses.
"If she is one so to her the half" - does this mean
- if ratio of femalemale is 11, or
- if the number of females is one?
It's got to be one or the other, surely.
You are very welcome.
- the ratios revolve around # of females 2, > 2, or 1
Kalaalah
Siblings only inherit from a kalaalah. 411 seems to suggest that siblings may inherit in the presence of parents. Therefore kalaalah cannot be parentless or fatherless. Also, I think "parents are heirs" means both parents are alive, though I might be wrong.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 1/6Correct if both parents alive
1 - 1/3 mother = 2/3 fatherSiblings share with mother obviously; with father alive they get nothing -- not a kalala case thus inapplicable.
Peace
-
Salaam Eid,
- the ratios revolve around # of females 2, > 2, or 1
Then how do you know that if the number of females is equal to the number of males (e.g. 2 daughters and 2 sons), they each get an equal share?
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 1/6Correct if both parents alive
1 - 1/3 mother = 2/3 fatherSiblings share with mother obviously; with father alive they get nothing -- not a kalala case thus inapplicable.
Are you saying that "his parents inherited him" means both parents are alive? And "if brethren were for him" means the case when "his parents inherited him" definitely does not apply? Why couldn't it apply (i.e. not for him a child AND his parents inherited him AND brethren were for him)?
mother, father, wife wife = 1/4, mother = 1/3, father = 5/12?
-
Salaam,
just a question, and what about 47
From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large, a determinate share.
are we talking about equal share?
Depends on the circumstances; a share specified is not necessarily equal; see also...
4118
God cursed him, and he said "I will take from your worshipers a specified share."
Salaam Eid,
Then how do you know that if the number of females is equal to the number of males (e.g. 2 daughters and 2 sons), they each get an equal share?
The same ratio (11) femalesmales thus we logically deduce as with only brothers (not specified) for example they all get equal shares.
Are you saying that "his parents inherited him" means both parents are alive?
Yes.
And "if brethren were for him" means the case when "his parents inherited him" definitely does not apply?
Yes.
Why couldn't it apply (i.e. not for him a child AND his parents inherited him AND brethren were for him)?
mother, father, wife wife = 1/4, mother = 1/3, father = 5/12?
husband, mother, father
1 - 1/2 husband - 1/3 mother = 1/6 father (half as the mother; then there are other complications)
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 1/6Think of the "so if" fa-in as a logical ELSE IF statement.
Peace
-
Peace Eid, all,
The same ratio (11) femalesmales thus we logically deduce as with only brothers (not specified) for example they all get equal shares.
OK, I understand this now and it makes sense to me. The 3+ females is in relation to each male, because the statement begins with "fa" and is therefore related to the preceeding statement. The one female is not in relation to each male, but is the absolute number of females, because the statement begins with "wa".
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 1/6Think of the "so if" fa-in as a logical ELSE IF statement.
So, "brethren were for him" is a replacement for "his parents inherited him", i.e. siblings instead of father. Is this still in the case of no children? I would assume so, because the mother gets 1/6 anyway, regardless of the presence of siblings, if there are children. Does this mean that siblings only inherit in the absence of children? That would contradict the understanding gained from 412 and 4176 - that a kalaalah does not have to be childless.
husband, mother, father
1 - 1/2 husband - 1/3 mother = 1/6 father (half as the mother; then there are other complications)
I'm not sure what you were showing with this example; please could you clarify?
Thanks
-
There is no such thing as Quran inheritance mistake; this is due to our misunderstanding.
Peace all,
I think the inheritance laws as defined in the Quran are based on logical conditional sequence of events similar to if <condition> True x, False y where x or y get applied as the conditions being evaluated.
You will notice that the most common logical true or false evaluation that affects the shares of all inheritors is <Are there children?>. Furthermore, I found that the most logical sequence of events and tests is to start with the second Kalalah "" as in verse 4176 and follow the steps as below.
To start, there are two types of Kalalah ""
The second Kalalah "" as mentioned in the Quran is in verse 4176 and it means the deceased left no spouse, parents or children behind.
? Verse 4176 is the only applicable verse, the remainder will be distributed to the near and relatives as known "".The first Kalalah "" is in verse 412 and it means the deceased left no spouse or parents behind, however, the deceased lift children behind.
? If the deceased had a brother or a sister then for each is 1/6, if he had more than 2 brothers and sisters then they are all partners in the 1/3. The last part of verse 412 is applied
? The balance 2/3 will then be given to the children and will be divided according to the 3 categories at the beginning of verse 411.
? In case no siblings alive the children get the whole inheritance and will be divided according to the 3 categories at the beginning of verse 411.All other cases, spouse, parents, siblings and children
? If the deceased had a spouse, the division as defined at the beginning of verse 412 is applicable.
o Case wife no children = 1/4 or 1/8 with children
o Case husband no children = 1/2 or 1/4 with children
? Remainder parents ? second part of verse 411 is applicable
o Case parents no children = mother 1/3, father 2/3 concluded
Case siblings = siblings 1/6, mother 1/6 reduced, father 2/3 no change as concluded.
o Case parents with children = each 1/6
? Remainder Children, the inheritance to be divided according to the 3 categories at the beginning of verse 411. -
Salaam all --
Apologies for delayed reply; needed new sign-on, misplaced password changing email plus inundated with work.
Reminds me of the saying; ?busy hands are happy hands.? lol
So, "brethren were for him" is a replacement for "his parents inherited him", i.e. siblings instead of father. Is this still in the case of no children?
Yes, that is correct. My understanding what differentiates Kalala of 412 and 4176 is presence of children and requires the mother gets same amount (1/6) with children and with siblings else there would be a contradiction.
I would assume so, because the mother gets 1/6 anyway, regardless of the presence of siblings, if there are children. Does this mean that siblings only inherit in the absence of children? That would contradict the understanding gained from 412 and 4176 - that a kalaalah does not have to be childless.
No, siblings can inherit with children; use 412 else if Kalala is without child use 4176
I'm not sure what you were showing with this example; please could you clarify?
Sure thing ? let?s reevaluate your earlier question again
Quote
Why couldn't it apply (i.e. not for him a child AND his parents inherited him AND brethren were for him)?mother, father, wife wife = 1/4, mother = 1/3, father = 5/12?
Change above to 12ths to see what happens to the father?s shares in relation to mother
wife, mother, father
1 ? 3/12 wife ? 4/12 mother = 5/12 father or he gets 1/12 more than the motherNow let?s change gender of the spouse
husband, mother, father
1 ? 6/12 husband ? 4/12 mother = 2/12 father or he gets half that of the motherNow for example, let?s kill off the husband right before distributing the inheritance
mother, father
1 ? 1/3 mother = 2/3 father or twice that of the motherOr add siblings (i.e. brethren) to all the above
wife, 2 sisters, brother, mother, father
3/12 wife + 4/12 siblings (if using 412 else unknown if using 4176) + 4/12 mother = 1/12 father (notice inconsistencies)Again change gender of spouse
husband, 2 sisters, brother, mother, father
6/12 husband + 4/12 siblings + 4/12 mother = 14/12 (which is too much and nothing left for the father)I have a question who is included in al-aqrabeen/aqraboon (2180, 47)?
Have not looked into it throughly although would consider nearest besides parents are children, spouses, aymanukum (433), siblings, uncles/aunts not allowed to marry (423) should be taken into consideration when leaving a will or helping out; immediate, close, distant family, orphans and widows in community, tribe, nation, believers in need across the world.
Hope the above clarifies a bit.
Peace
-
Salaam Union,
Please clarify
Ex 02 daughters , 03+ sons ?
I know there is a set up in the ratio table but I do appriciate if you expalin me from the verse itself .
http//www.mathcracker.com/piechartimage.php?data=1,%201,%202&cat=female-1,%20female-2,%20males
Pertaining to children it always revolves around #of females?
411
to the male alike fortune the two femalesA better rendition would be ?to the masculine alike fortune the two feminine? since in English to the male makes it seem as referring to one male; grammar rules are not as such in the old Arabic (standards and grammar are a later addition in most languages) which the above is apparent if we cross-reference the term which also means remembrance i.e. any number of things which makes a person ?mindful? of God which of course is contained within Qur?an?
5417
and We have eased the Qur?an to the remembrance so is there from those who remember/are mindfulPeace mmouhammad,
There is no such thing as Quran inheritance mistake; this is due to our misunderstanding.
I think the inheritance laws as defined in the Quran are based on logical conditional sequence of events similar to if <condition> True x, False y where x or y get applied as the conditions being evaluated.
You will notice that the most common logical true or false evaluation that affects the shares of all inheritors is <Are there children?>. Furthermore, I found that the most logical sequence of events and tests is to start with the second Kalalah "" as in verse 4176 and follow the steps as below.
To start, there are two types of Kalalah ""
The second Kalalah "" as mentioned in the Quran is in verse 4176 and it means the deceased left no spouse, parents or children behind.
? Verse 4176 is the only applicable verse, the remainder will be distributed to the near and relatives as known "".The first Kalalah "" is in verse 412 and it means the deceased left no spouse or parents behind, however, the deceased lift children behind.
? If the deceased had a brother or a sister then for each is 1/6, if he had more than 2 brothers and sisters then they are all partners in the 1/3. The last part of verse 412 is applied
? The balance 2/3 will then be given to the children and will be divided according to the 3 categories at the beginning of verse 411.
? In case no siblings alive the children get the whole inheritance and will be divided according to the 3 categories at the beginning of verse 411.All other cases, spouse, parents, siblings and children
? If the deceased had a spouse, the division as defined at the beginning of verse 412 is applicable.
o Case wife no children = 1/4 or 1/8 with children
o Case husband no children = 1/2 or 1/4 with children
? Remainder parents ? second part of verse 411 is applicable
o Case parents no children = mother 1/3, father 2/3 concluded
Case siblings = siblings 1/6, mother 1/6 reduced, father 2/3 no change as concluded.
o Case parents with children = each 1/6
? Remainder Children, the inheritance to be divided according to the 3 categories at the beginning of verse 411.Agree with your understanding Kalala with or without child is used to toggle between 412 and 4176.
Although the following are things to further have a look
- Kalala having no parents; my understanding there is possibility of a mother.
- Siblings inherit with father and or spouses leads to contradictions.
mother, 2 sisters, brother
1 - 1/6 mother(411) = 5/6 siblings (not Kalala thus no instructions how to divide amongst siblings)mother, sister (not Kalala 412 and 4176 inapplicable yet case if sister explicitly stated)
mother, father, sister, brother (unknowns; how to divide amongst siblings or amount to give mother and father)
Ikhwatun requires the presence of a male same as with rijalan can have a male and 99 females.
Unless siblings are eliminated as inheritors with presence of a father and we use 411
mother, father, sister, brother {not Kalala, use 411 parents only inheritors}
...so if was not for him a child, and his parents inherited him, so to his mother the 1/31 - 1/3 mother = 2/3 father {siblings get nothing}
wife, sister, mother {does not work, siblings cannot be inheritors with spouse}
1 - 1/4 wife = 3/4 exact amount to give mother and sister unknownTry all the case permutations posted earlier?
4176 ?and God is with everything knowledgeable.
Peace
-
Peace Eid,
Thank you for your feed back, it was very helpful. I was able to make one change as per the following
411 If he has no children and his parents inherited him, then to his mother is one third; if he has siblings then to his mother is one sixth...
First the above "part" verse as per my reading dose not negate the presence of spouse and is applicable in both cases with or without spouses for if there is a spouse, the spouse gets 1/4 F or 1/2 M, and since no children, the parents will inherit him "the balance" and if there is no spouse the parents will inherit all.
And his parents inherited him, as per my reading means both parents, yet does not negate the absence of either one. So in the case the parents inherited him, to his mother 1/3 so we conclude that the father gets 2/3 and if he has siblings to mother 1/6.
? Case parents no children = mother 1/3, father 2/3 concluded
o Case siblings = mother 1/6 reduced, siblings 5/6 shared with or without father " "I think this case is more logical since God allotted variable shares for father and siblings then " " as used in 4176 Kalalah case or equal shares as in 412 kalalah case.
The above conditions are applicable only in the absence of children when either or both of the parents inherit the balance after the spouse or all when there is no spouse. The key condition is the allotted share for the mother 1/3 and the change of that share to 1/6 when there are siblings. The value of shares other than mother changes according to number of inheritors that is why it is called luck "".
The question is that will the father argue that his share is 2/3 as concluded in the case of no children and only that the mother's share was reduced to 1/6 in case of siblings.
I think the concept of variables should convince him, what do you think?
In Kalalah cases God states different shares applicable in each case. However, the presence of either one of the main inheritors namely the spouse, father and mother immediately negates Kalalah cases and revert to applicable categories in verses 411 and 412.
-
Peace all,
I posted the following subject under Questions/Comments on the Quran
Alkalalah "", what does it mean?
http//free-minds.org/forum/index.php?topic=9598626.0 -
Salaam Eid, all,
Apologies for delayed reply; needed new sign-on, misplaced password changing email plus inundated with work.
Reminds me of the saying; busy hands are happy hands. lol
You're more punctual than me!! But you're a beginner again now lol
Pertaining to children it always revolves around #of females
411
to the male alike fortune the two femalesA better rendition would be to the masculine alike fortune the two feminine since in English to the male makes it seem as referring to one male; grammar rules are not as such in the old Arabic (standards and grammar are a later addition in most languages) which the above is apparent if we cross-reference the term which also means remembrance i.e. any number of things which makes a person mindful of God which of course is contained within Quran
5417
and We have eased the Quran to the remembrance so is there from those who remember/are mindfulThen ... it is always the number of females, and not the ratios of daughters to sons? So for 3 daughters and 3 sons, the daughters share in 2/3 and sons share in 1/3? This is different to what you said before - that if the number of daughters equals the number of sons, they each get an equal share.
Ikhwatun requires the presence of a male same as with rijalan can have a male and 99 females.
So ikhwatun cannot apply to only one sister? Can it apply to only one brother?
Yes, that is correct. My understanding what differentiates Kalala of 412 and 4176 is presence of children and requires the mother gets same amount (1/6) with children and with siblings else there would be a contradiction.
No, siblings can inherit with children; use 412 else if Kalala is without child use 4176
brickwall I have to think about this.
Quote
Why couldn't it apply (i.e. not for him a child AND his parents inherited him AND brethren were for him)?mother, father, wife wife = 1/4, mother = 1/3, father = 5/12?
I think those were two separate questions, since there were no brethren in the example I gave.
Or add siblings (i.e. brethren) to all the above
wife, 2 sisters, brother, mother, father
3/12 wife + 4/12 siblings (if using 412 else unknown if using 4176) + 4/12 mother = 1/12 father (notice inconsistencies)Again change gender of spouse
husband, 2 sisters, brother, mother, father
6/12 husband + 4/12 siblings + 4/12 mother = 14/12 (which is too much and nothing left for the father)If there are no children, siblings' share is determined from 4176. This share is unknown (not 4/12), and so is the father's, so you'd be correct to conclude from this that a kalaalah must be fatherless. However, mother doesn't get 4/12 in these cases - she gets 2/12.
wife, mother, father
1 3/12 wife 4/12 mother = 5/12 father or he gets 1/12 more than the motherNow lets change gender of the spouse
husband, mother, father
1 6/12 husband 4/12 mother = 2/12 father or he gets half that of the motherNow for example, lets kill off the husband right before distributing the inheritance
mother, father
1 1/3 mother = 2/3 father or twice that of the motherSorry, I still don't understand your point. The father's share is unspecified, so of course it is variable.
Have not looked into it throughly although would consider nearest besides parents are children, spouses, aymanukum (433), siblings, uncles/aunts not allowed to marry (423) should be taken into consideration when leaving a will or helping out; immediate, close, distant family, orphans and widows in community, tribe, nation, believers in need across the world.
I had another look at this - do you think the shares referred to in 47 are those in 411-12 and 4176? Then it would include children, spouses and siblings only.
peace
-
Salaam Union,
http//www.mathcracker.com/piechartimage.php?data=1,%201,%202&cat=female-1,%20female-2,%20males
Pertaining to children it always revolves around #of females?
411
to the male alike fortune the two femalesA better rendition would be ?to the masculine alike fortune the two feminine? since in English to the male makes it seem as referring to one male; grammar rules are not as such in the old Arabic (standards and grammar are a later addition in most languages) which the above is apparent if we cross-reference the term which also means remembrance i.e. any number of things which makes a person ?mindful? of God which of course is contained within Qur?an?
Fair enough . Thanks .
Do you agree with with sister Samia that the male's fortune is equal to two females as a 'case' , not as a common condition , applying to any combinitions of male-female shares ...?
-
Peace Eid,
Thank you for your feed back, it was very helpful. I was able to make one change as per the following
411 If he has no children and his parents inherited him, then to his mother is one third; if he has siblings then to his mother is one sixth...
First the above "part" verse as per my reading dose not negate the presence of spouse and is applicable in both cases with or without spouses for if there is a spouse, the spouse gets 1/4 F or 1/2 M, and since no children, the parents will inherit him "the balance" and if there is no spouse the parents will inherit all.
And his parents inherited him, as per my reading means both parents, yet does not negate the absence of either one. So in the case the parents inherited him, to his mother 1/3 so we conclude that the father gets 2/3 and if he has siblings to mother 1/6.
? Case parents no children = mother 1/3, father 2/3 concluded
o Case siblings = mother 1/6 reduced, siblings 5/6 shared with or without father " "I think this case is more logical since God allotted variable shares for father and siblings then " " as used in 4176 Kalalah case or equal shares as in 412 kalalah case.
The above conditions are applicable only in the absence of children when either or both of the parents inherit the balance after the spouse or all when there is no spouse. The key condition is the allotted share for the mother 1/3 and the change of that share to 1/6 when there are siblings. The value of shares other than mother changes according to number of inheritors that is why it is called luck "".
The question is that will the father argue that his share is 2/3 as concluded in the case of no children and only that the mother's share was reduced to 1/6 in case of siblings.
I think the concept of variables should convince him, what do you think?
In Kalalah cases God states different shares applicable in each case. However, the presence of either one of the main inheritors namely the spouse, father and mother immediately negates Kalalah cases and revert to applicable categories in verses 411 and 412.
Peace mmouhammad,
You are welcome and nice article on Kalala (most of it I agree with the logic).
In regards to father?s argument, he can take it up with God; we have to follow Qur?an and correct reading.
Solve these not Kalala cases according to your understanding and verses used
A) sister, motherB) sister, mother, father
1 ? (sister? + mother?) = father?C) husband, sister, brother, mother, father
1 ? (1/2 husband + siblings? + 1/6 mother) = father?Salaam nwryn or Nooreen (nicer... lol)
Then ... it is always the number of females, and not the ratios of daughters to sons? So for 3 daughters and 3 sons, the daughters share in 2/3 and sons share in 1/3? This is different to what you said before - that if the number of daughters equals the number of sons, they each get an equal share.
Yes, thanks for correcting I take back my earlier predisposition; that was not Qur?an.
So ikhwatun cannot apply to only one sister? Can it apply to only one brother?
Yes applies to one brother not sister
sister, mother (no children, no father, no brethren/at least one male leaves mother?s share variable)
1 ? 1/2 sister (Kalala no child use 4176) = 1/2 mother
Likewise with 2 sisters, mother
1 ? 2/3 sisters (Kalala no child use 4176) = 1/3 mother
brickwall I have to think about this.
Qur?an is for thinking people, especially this topic to exercise the mind teach logic; three verses?lol
If there are no children, siblings' share is determined from 4176. This share is unknown (not 4/12), and so is the father's, so you'd be correct to conclude from this that a kalaalah must be fatherless. However, mother doesn't get 4/12 in these cases - she gets 2/12.
Right ? scratch that example, it was 4am and it is now past 3am?lol
Sorry, I still don't understand your point. The father's share is unspecified, so of course it is variable.
Forgot the initial question; let?s try again ? you wrote?
Why couldn't it apply (i.e. not for him a child AND his parents inherited him AND brethren were for him)?
OK point was cannot have inherit father together with siblings?
husband, mother, siblings, father {two unknowns}
1 ? (1/2 husband + 1/6 mother + siblings?) = father?
brother, father {two unknowns}; with presence of father siblings get nothing.
Therefore, siblings only inherit distributions stated in case of Kalala 412 (child) and 4176 (no child).
I had another look at this - do you think the shares referred to in 47 are those in 411-12 and 4176? Then it would include children, spouses and siblings only.
Yes seems right; next verse encourages to remember the relations or more distant and the destitute in society.
47
To the men a share from what the parents and the nearest related left, and to the women a share from what the parents and the nearest related left, from what lessened from it or increased, a share specified.48
And if of the relations, and the orphans, and the poor/oppressed attended the apportionment, so provide for them from it, and speak to them words of kindness.Peace Union,
Fair enough . Thanks .
Do you agree with with sister Samia that the male's fortune is equal to two females as a 'case' , not as a common condition , applying to any combinitions of male-female shares ...?
Yes, that is my current understanding to read verbatim as stated?
411 God directs you in your CHILDREN,
to the masculine equal share the two females,
so if they are females over two, so for them two thirds what he left,
and if she was one, so for her the half?Otherwise, as with the start of this thread need to use algebra normalization to decrease/increase shares proportionately and as Samia stated earlier if general case, over two and one applicable when they are only daughters (i.e. no sons) than we do not know exactly how much to allocate when they are exactly two!
Peace