Skip to content
  • Categories
  • Recent
  • Users
Skins
  • Light
  • Brite
  • Cerulean
  • Cosmo
  • Flatly
  • Journal
  • Litera
  • Lumen
  • Lux
  • Materia
  • Minty
  • Morph
  • Pulse
  • Sandstone
  • Simplex
  • Sketchy
  • Spacelab
  • United
  • Yeti
  • Zephyr
  • Dark
  • Cyborg
  • Darkly
  • Quartz
  • Slate
  • Solar
  • Superhero
  • Vapor

  • Default (No Skin)
  • No Skin
Collapse
Free Minds Forum Icon
  1. Home
  2. General Issues / Questions
  3. Questions/Comments on the Quran
  4. Quran inheritance mistake

Quran inheritance mistake

Scheduled Pinned Locked Moved Questions/Comments on the Quran
414 Posts 32 Posters 36.6k Views
  • Oldest to Newest
  • Newest to Oldest
  • Most Votes
Reply
  • Reply as topic
Log in to reply
This topic has been deleted. Only users with topic management privileges can see it.
  • U Offline
    U Offline
    Union
    wrote on last edited by
    #356

    ..Siblings get nothing. They only inherit in either absence of spouse (411) or absence of parents (case of kelala) 412

    Dear Samia , Salam . Are you not contradicting your own verdict

    Kalala does not have children nor parents, but siblings.
    4176 is a special case of kalala where there is no spouse (because a kalala can have a spouse).
    However, a non kalala may have siblings who will inherit with the deceased parents (verse 411).

    I gave you a non-Kalala case still you cancelled siblings' share ...

    1 Reply Last reply
    0
    • S Offline
      S Offline
      Samia
      wrote on last edited by
      #357

      Dear Samia , Salam . Are you not contradicting your own verdict

      I gave you a non-Kalala case still you cancelled siblings' share ...

      This is not a kelala case. You are stating existance of parents. My definition of kelala is a person who does not have parents nor children.

      1 Reply Last reply
      0
      • U Offline
        U Offline
        Union
        wrote on last edited by
        #358

        This is not a kelala case. You are stating existance of parents. My definition of kelala is a person who does not have parents nor children.

        That is what exactly I am saying . You said first that siblings inherit with parents (which is a non-Kalala case) but when I gave that non-Kelala case you curtailed siblings .

        Kalala does not have children nor parents, but siblings.

        4176 is a special case of kalala where there is no spouse (because a kalala can have a spouse).

        However, a non kalala may have siblings who will inherit with the deceased parents (verse 411).

        I don't know if I misunderstood you . In that case I need help from others please ...

        1 Reply Last reply
        0
        • S Offline
          S Offline
          Samia
          wrote on last edited by
          #359

          I don't know if I misunderstood you .

          I believe so...

          Siblings get nothing. They only inherit in either absence of spouse (411) or absence of parents (case of kelala) 412

          i.e if both the parent/s and the spouse exist, siblings do not inherit.

          1 Reply Last reply
          0
          • U Offline
            U Offline
            unknownuser
            wrote on last edited by
            #360

            Peace Samia,

            Wife 25% / In what ye leave, their share is a fourth, if ye leave no child;

            Mother 1/3 of the remaining 1/3 of 75% = 25%
            Father 2/3 of the remaining = 2/3 of 75% = 50% (parents have equal shares only in presence of children; otherwise, it's 12 proportion)
            Total 100%.

            Siblings get nothing. They only inherit in either absence of spouse (411) or absence of parents (case of kelala) 412

            The above is correct and helpful to understand the mother's share is actually not fixed and ratio 12 is consistent

            mother, father
            1 ? 1/3 mother = 2/3 father

            wife, parents
            1 ? 1/4 wife = 3/4 parents (1/33/4 = 1/4 mother + 2/33/4 = 1/2 father or 12 ratio when no child)

            husband, parents
            1 ? 1/2 husband = 1/2 parents (1/31/2 = 1/6 mother + 2/31/2 = 1/3 father or 12 ratio when no child)

            Please clarify...

            IF parents no spouse ? do siblings inherit?
            mother, father, sister (which verse 412 or 4176)

            IF spouse no parents ? do siblings inherit?
            husband, sister (which verse 412 or 4176)

            Peace mmouhammad,

            Verse 411 but if has siblings then to mother is 1/6 - what do you understand from this reduction of mother's share from 1/3 when has no children to 1/6 when has siblings?.

            We both agree that verse 412 is Kalalah with children, that is spouse inherits first, then no parents therefore God allocates to siblings an equal amount to what would have been parents share if they were alive, the 1/3. Compare it to siblings' case in verse 411 read with fresh mind after answering why reducing mother's share 1/6 when deceased has siblings.

            You may have a point although still don't agree with 411 being allocations for siblings which I realized after looking at Samia's calculation above keeps parent ratio always at 12 without child else if children parents share equally at 1/6 each.

            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 ikhwatun were for him, so to his mother the 1/6

            Fa-in (ELSE IF) separate case parents inheritors; mother share 1/3 of amount allocated to parents.

            mother, father
            1 ? 1/3 mother = 2/3 father

            wife, parents
            1 ? 1/4 wife = 3/4 parents (1/33/4 = 1/4 mother + 2/33/4 = 1/2 father or 12 ratio when no child)

            wife, father (no child father?s share is variable)
            1 ? 1/4 wife = 3/4 father

            wife, mother (no child, no father, no brethren, mother?s share is variable)
            1 ? 1/4 wife = 3/4 mother

            husband, parents
            1 ? 1/2 husband = 1/2 parents (1/31/2 = 1/6 mother + 2/31/2 = 1/3 father or 12 ratio when no child)

            husband, father (no child father?s share is variable)
            1 ? 1/2 husband = 1/2 father

            husband, mother (no father/brethren mother's share is variable)
            1 ? 1/2 husband = 1/2 mother

            Fa-in (ELSE IF) ikhwatun mother share 1/6 consistent when siblings allowed with children (i.e. case of Kalala with child 412)?

            mother, children, siblings (412)
            1 ? 1/6 mother ? 1/3 siblings max = 1/2 children

            mother, siblings (4176)
            1 ? 1/6 mother = 5/6 siblings

            By the way, sibling/siblings mean sister or brother 1 to n regardless of gender. The term ikhwatun in Arabic is used when gender and number of sibling are unknown.

            The conditions of Verse 411 are applicable in all cases where gender and number of inheritors are not specified. Have you not seen God uses them in both Kalalah verses?

            I believe ikhwatun/brethren needs at least one male which he can be accompanied by any number of females/sisters. The same with - men/rijalan/mankind can refer to a male child in the company of many females as in 4176 'Ikhwatan Rijlan Wa Nis'an and not to a single woman or group of women/nisaan although have not researched every verse to see if this is consistently the case.

            Moreover, aren't deceased siblings mean children to his parents when inheriting with them, so he directs you God in your CHILDREN, is applicable to the inheriting parents and their children "deceased siblings"

            Well the verse clearly directs shares to the living children not to ?deceased siblings??

            he directs you God in your CHILDREN
            to the male equal luck the two females

            Salaam Noreen,

            OK. Why does it say "he inherits her" rather than "he inherits him" in 4176?

            4176 Yastaftnaka Quli Allhu Yuftkum F Al-Kallati 'Ini Amru'uun Halaka Laysa Lahu Waladun Wa Lahu'Ukhtun Falah Nifu M Taraka Wa Huwa Yarithuh 'In Lam Yakun Lah Waladun Fa'in KnatAthnatayni Falahum Ath-Thuluthni Mimm Taraka Wa 'In Kn 'Ikhwatan Rijlan Wa Nis'an Falildhdhakari Mithlu a??i Al-'Unthayayni Yubayyinu Allhu Lakum 'An Taill Wa Allhu Bikulli Shay'in `Almun

            Good question. Actually you one of the few that catches everything; very logical for a female? ;D

            Have to look into it and few other things. We assume most of the words have been translated or understood correctly and I?ve come to the conclusion all translations and commentaries are mostly awful parroting someone?s opinions from long ago and constantly need to go back examine every word cross-reference for errors and contradictions.

            You know the "waladun" in 411, is it singular? If so, then why does it not say "a brother" instead of "ikhwatun", if the statement is about having at least one brother?

            Waladun can be singular or plural and likewise Ikhwatun can mean at least one brother or brother and 10 sisters.

            Children only inherit from the father? o

            Please post in complete sentences so we know what is shocking?lol

            Peace

            1 Reply Last reply
            0
            • S Offline
              S Offline
              Samia
              wrote on last edited by
              #361

              Please clarify...

              IF parents no spouse ? do siblings inherit?
              mother, father, sister (which verse 412 or 4176)

              IF spouse no parents ? do siblings inherit?
              husband, sister (which verse 412 or 4176)

              Provided no children exist
              1- Parents no spouse Siblings inherit (411) - siblings of non kelala
              2- Spouse no parents Siblings inheit (412) - siblings of kelala

              Siblings of kelala (parentless - childless) always inherit. Siblings of non kelala inherit only in absence of both children and spouse.

              1 Reply Last reply
              0
              • M Offline
                M Offline
                mmouhammad
                wrote on last edited by
                #362

                Peace Eid,

                Your example wife, parents

                1 ? 1/4 wife = 3/4 parents (1/33/4 = 1/4 mother + 2/33/4 = 1/2 father or 12 ratio when no child)


                So you are saying in this case if deceased has siblings, the only purpose their presence will serve is to reduce mothers share to 1/6 thus increasing father's share.
                Has siblings; 1 ? 1/4 wife = 3/4 parents (1/6*3/4 = 1/8 mother + (1/6+ 2/3)*3/4 = 5/8 father or 15 ratio


                Your examples of Kalalah

                Fa-in (ELSE IF) ikhwatun mother share 1/6 consistent when siblings allowed with children (i.e. case of Kalalah with child 412)?

                mother, children, siblings (412)
                1 ? 1/6 mother ? 1/3 siblings max = 1/2 children


                So here you are giving mother and siblings 1/2; this portion is more than what would both parents get inheriting with children which is 1/3.

                Verse 411 and if he has no children so to his mother is 1/3 but if he has siblings then to his mother is 1/6.
                The logic makes the "has no children" the case for asking about presence of siblings, simply because when parents inherit with has children, siblings are not considered.

                If has children then - if this statement is true the case ends after completing then clause
                To his parents each is 1/6 - mother alone or father alone has no affect on the if condition.
                Else if has no children then
                If has sibling then
                To his mother is 1/6
                Else
                To his mother is 1/3
                End if
                End if

                If you use the following if then else if cases, the sibling else if case will never be reached because one of the first 2 cases will always be true.

                If has children then
                To his parents each is 1/6
                Else If has no children then
                To his mother is 1/3
                Else If has siblings then - this case will never be reached
                To his mother is 1/6
                End If

                Your example
                mother, siblings (4176)
                1 ? 1/6 mother = 5/6 siblings

                What if mother + sister; under 4176 and has one sister to her is 1/2. So mother 1/6 and sister 1/2. The question is who gets the remainder, is it the mother or is it the sister and why?

                The following Questions are for you to consider
                Is mother alone a parent or not?
                Doesn't mother alone inherits under 411 and to his parents each is 1/6 if has children?
                Doesn't mother alone inherits under 411 and if has no children and being inherited by his parents then to mother is 1/3?
                Is it not that part of 411 "but if has siblings then to his mother is 1/6" suggests siblings inherits with parents when deceased has no children?
                Doesn't verse 411 meet the 2 conditions, has no children and has siblings?

                1 Reply Last reply
                0
                • U Offline
                  U Offline
                  Union
                  wrote on last edited by
                  #363

                  Provided no children exist
                  1- Parents no spouse Siblings inherit (411) - siblings of non kelala
                  2- Spouse no parents Siblings inheit (412) - siblings of kelala

                  But how much ?

                  Siblings of kelala (parentless - childless) always inherit. Siblings of non kelala inherit only in absence of both children and spouse.

                  Then how you reconcile the contradiction here

                  Sister will inhereit 1/6 (412)

                  Sister will inherit 1/2 (4176)

                  Both are under Kalala condition .There should be an index of difference between the two Kalala conditions .

                  Thanks.

                  1 Reply Last reply
                  0
                  • S Offline
                    S Offline
                    Samia
                    wrote on last edited by
                    #364

                    But how much ?

                    How much
                    411
                    A- Mother 1/6; father 1/3; siblings get the rest. Mother no father father's share if he was alive goes to the mother, so the mother gets 1/2 and 1/2 goes to the siblings.
                    B- One sibling 1/6; more they share 1/3; spouse gets the rest

                    Then how you reconcile the contradiction here

                    Sister will inhereit 1/6 (412)

                    Sister will inherit 1/2 (4176)

                    Both are under Kalala condition .There should be an index of difference between the two Kalala conditions .

                    Thanks.

                    Sister in 412 is a sister of kelala who has a spouse. Since spouse of kelala's share is not defined, the spouse gets the rest.
                    Sister in 4176 is of a kelala who does not have a spouse. If she is the sole heir she gets all. The half is presuming existance of counterpart male/s.

                    A-We should remember that whenever a female is mentioned, a male counterpart is presumed. No guidance on same gender since it's obvious. No verse on a sole heir beause it's obvious too we cannot give any share to any relative not entitled to the inheritance and thus not mentioned. For example verse 4176 is for siblings only. (his siste gets half) presumes existance of at least one brother. If he has only a sister, she gets the whole inheritance since no eligible heir exists. Shares of siblings in 4176 follow the formulae for children.

                    B-Another point is that, if the allotted shares are less than the whole, the remainder goes back to the nearest relative.

                    Relatives according to nearness to the deceased
                    1st- Children
                    2nd- Parents
                    3rd- Spouse
                    4th- Siblings

                    1 Reply Last reply
                    0
                    • U Offline
                      U Offline
                      unknownuser
                      wrote on last edited by
                      #365

                      Salaam Samia,

                      Provided no children exist
                      1- Parents no spouse Siblings inherit (411) - siblings of non kelala
                      2- Spouse no parents Siblings inheit (412) - siblings of kelala

                      Siblings of kelala (parentless - childless) always inherit. Siblings of non kelala inherit only in absence of both children and spouse.

                      Please distribute according to Qur'an...

                      1- Parents no spouse Siblings inherit (411) - siblings of non kelala

                      parents, sister = ?
                      mother, sister = ?

                      father, brother = ?
                      father, brother, sister = ?

                      2- Spouse no parents Siblings inheit (412) - siblings of kelala

                      wife, brother 1 - 1/4 wife - 1/6 brother = 7/12 unallocated
                      husband, brother 1 - 1/2 husband - 1/6 brother = 1/3 unallocated

                      Lastly, no spouse or parents with whom do Al-Kallati's sister 1/2 or two sisters 2/3 share with?

                      4176
                      They ask your clarification, say "God decrees in Al-Kallati, if 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.

                      1 Reply Last reply
                      0
                      • S Offline
                        S Offline
                        Samia
                        wrote on last edited by
                        #366

                        This is a summary of my understanding of the inheritance verses.

                        411 Non kelala 1st degree heirs Children
                        Shares of children of mixed gender. The formula for distribution is dependent on the distribution of gender
                        1m 2m 3m 4m

                        1f 11 11 11 11

                        2f 12 11 12 12

                        3f 21 21 11 21

                        4f 21 12 21 11 (copied from this post by Nun de plume http//free-minds.org/forum/index.php?topic=16179.msg169498#msg16949.

                        Children's share according to the verse is not decided. The get the remainder after the parents and the spouse get their share.

                        411 Parents 2nd degree heirs
                        Share according to the whole lot is decided in three cases

                        • there are children
                          -there are no children and no one else
                          -there are no children but there are siblings.

                        Verse 412 Spouses 3rd degree heirs
                        Two cases
                        A Non Kelala in presence and absence of children
                        B Kelala case No children. Share of spouse is not determined. Siblings share is determined Spouse gets the rest.

                        Verse 4176 Siblings 4th degree heirs
                        Case of kelala without spouse siblings inherit all, distributed among them according to the distribution of gender (same formula for children).

                        1 Reply Last reply
                        0
                        • U Offline
                          U Offline
                          unknownuser
                          wrote on last edited by
                          #367

                          Peace mmouhammad,

                          Your example wife, parents

                          1 ? 1/4 wife = 3/4 parents (1/33/4 = 1/4 mother + 2/33/4 = 1/2 father or 12 ratio when no child)


                          So you are saying in this case if deceased has siblings, the only purpose their presence will serve is to reduce mothers share to 1/6 thus increasing father's share.

                          Not really, with or without siblings mother to father ratio is 12 in all cases except with children each 1/6.

                          mother, father
                          1 - 1/3 mother = 2/3 father

                          wife, mother, father
                          1 - 1/4 = 3/4 parents at 12 ratio (1/4 mother + 1/2 father)

                          husband, mother, father
                          1 - 1/2 husband = 1/2 parents at 12 ratio (1/6 mother + 1/3 father)

                          Has siblings; 1 ? 1/4 wife = 3/4 parents (1/6*3/4 = 1/8 mother + (1/6+ 2/3)*3/4 = 5/8 father or 15 ratio


                          Never comes in play; with siblings and father/spouse, siblings get bounced (not a Kalala case)

                          Why did multiple
                          Your examples of Kalalah

                          Fa-in (ELSE IF) ikhwatun mother share 1/6 consistent when siblings allowed with children (i.e. case of Kalalah with child 412)?

                          mother, children, siblings (412)
                          1 ? 1/6 mother ? 1/3 siblings max = 1/2 children


                          So here you are giving mother and siblings 1/2; this portion is more than what would both parents get inheriting with children which is 1/3.

                          Different case nothing to do when both parents are alive -- following instructions.

                          Verse 411 and if he has no children so to his mother is 1/3 but if he has siblings then to his mother is 1/6.
                          The logic makes the "has no children" the case for asking about presence of siblings, simply because when parents inherit with has children, siblings are not considered.

                          If has children then - if this statement is true the case ends after completing then clause
                          To his parents each is 1/6 - mother alone or father alone has no affect on the if condition.
                          Else if has no children then
                          If has sibling then
                          To his mother is 1/6
                          Else
                          To his mother is 1/3
                          End if
                          End if

                          If you use the following if then else if cases, the sibling else if case will never be reached because one of the first 2 cases will always be true.

                          Please post exact verse; logic is straight forward, we can program online calculator later perhaps...lol

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

                          The last part (fa-in) is separate statement with/without children.

                          If has children then
                          To his parents each is 1/6
                          Else If has no children then
                          To his mother is 1/3
                          Else If has siblings then - this case will never be reached
                          To his mother is 1/6
                          End If

                          Programming error.

                          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

                          IF has children THEN
                          To his parents each is 1/6
                          ELSE IF has no children AND his parents inherited him THEN
                          To his mother is 1/3
                          ELSE IF has siblings THEN
                          To his mother is 1/6
                          END IF

                          Your example
                          mother, siblings (4176)
                          1 ? 1/6 mother = 5/6 siblings

                          What if mother + sister; under 4176 and has one sister to her is 1/2. So mother 1/6 and sister 1/2. The question is who gets the remainder, is it the mother or is it the sister and why?

                          mother + sister {no children, no father, no ikhwatun/brethren thus mother share is variable)

                          1 - 1/2 sister (4176 Kalala no child) = 1/2 mother

                          My earlier post...I believe ikhwatun/brethren needs at least one male which he can be accompanied by any number of females/sisters. The same with - men/rijalan/mankind can refer to a male child in the company of many females as in 4176 'Ikhwatan Rijlan Wa Nis'an and not to a single woman or group of women/nisaan.

                          The following Questions are for you to consider
                          Is mother alone a parent or not?
                          Doesn't mother alone inherits under 411 and to his parents each is 1/6 if has children?
                          Doesn't mother alone inherits under 411 and if has no children and being inherited by his parents then to mother is 1/3?
                          Is it not that part of 411 "but if has siblings then to his mother is 1/6" suggests siblings inherits with parents when deceased has no children?
                          Doesn't verse 411 meet the 2 conditions, has no children and has siblings?

                          I've been considering since start of this thread; see above and examples posted to Samia, especially the case of father and any sibling combination.

                          Peace

                          1 Reply Last reply
                          0
                          • S Offline
                            S Offline
                            Samia
                            wrote on last edited by
                            #368

                            Salaam Samia,

                            Please distribute according to Qur'an...

                            1- Parents no spouse Siblings inherit (411) - siblings of non kelala

                            parents, sister = ?
                            mother, sister = ?

                            father, brother = ?
                            father, brother, sister = ?

                            Father 1/3; mother 1/6; sister 1/2 (the remainder, since her share was not determined)
                            Mother 1/6; sister 5/6 (same reason above).

                            Father 1/3 (2/6); brother gets the rest
                            Father 1/3, brother and sister get the rest shared equally between them.

                            2- Spouse no parents Siblings inheit (412) - siblings of kelala

                            wife, brother 1 - 1/4 wife - 1/6 brother = 7/12 unallocated
                            husband, brother 1 - 1/2 husband - 1/6 brother = 1/3 unallocated

                            Share of spouse of kelala is not determined in this verse, but the share of siblings is.
                            The brother gets 1/6; spouse gets the remainder (5/6).
                            Brother gets 1/6; husband gets the remainder (5/6).

                            Lastly, no spouse or parents with whom do Al-Kallati's sister 1/2 or two sisters 2/3 share with?

                            As long as there are no legitmate heirs alive, all the inheritance should go to the existing heir. I believe that whenever a female is mentioned, a counter male is presumed existing.

                            1 Reply Last reply
                            0
                            • U Offline
                              U Offline
                              unknownuser
                              wrote on last edited by
                              #369

                              Salaam Samia,

                              Father 1/3; mother 1/6; sister 1/2 (the remainder, since her share was not determined)
                              Mother 1/6; sister 5/6 (same reason above).

                              Her share was determined 412 & 4176 and with a father; she gets nothing.

                              Father 1/3 (2/6); brother gets the rest
                              Father 1/3, brother and sister get the rest shared equally between them.

                              I don't see that anywhere in Qur'an, sounds like a ruling by Samia...lol

                              Share of spouse of kelala is not determined in this verse, but the share of siblings is.
                              The brother gets 1/6; spouse gets the remainder (5/6).
                              Brother gets 1/6; husband gets the remainder (5/6).

                              The main reason this thread was started.

                              As long as there are no legitmate heirs alive, all the inheritance should go to the existing heir. I believe that whenever a female is mentioned, a counter male is presumed existing.

                              There is only the mother left as a possibility.

                              Verse 4176 Siblings 4th degree heirs
                              Case of kelala without spouse siblings inherit all, distributed among them according to the distribution of gender (same formula for children).

                              Does not work as with the children; key difference being cannot have two cases with two females. The women 1/2 or 2/3 are alone have to share with someone that being the mother.

                              1 sister, mother 1 - 1/2 sister = 1/2 mother
                              2+ sisters, mother 1 - 2/3 sisters = 1/3 mother

                              4176
                              They ask your clarification, say "God decrees in Al-Kallati, if 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.

                              Peace

                              1 Reply Last reply
                              0
                              • S Offline
                                S Offline
                                Samia
                                wrote on last edited by
                                #370

                                Salam Eid

                                We disagree on two points

                                1. Definition of kelala My understanding is kelala is parentless and childless.
                                2. You do not see father when only mother is mentioned. I say this is the rule in the inheritance verses once children are mentioned, it's presumed males and females ahve shares, even when only the female is mentioned. Same with parnts once parents are mentioned, it's presumed both of them have shares, even if it's the mother alone that's mentioned.
                                1 Reply Last reply
                                0
                                • U Offline
                                  U Offline
                                  Union
                                  wrote on last edited by
                                  #371

                                  How much
                                  411
                                  A- Mother 1/6; father 1/3; siblings get the rest. Mother no father father's share if he was alive goes to the mother, so the mother gets 1/2 and 1/2 goes to the siblings.

                                  Salam Samia .

                                  Which Part of verse 411 , you are talking about

                                  411 ?and to his parents each one of them one sixth of what is inherited if he has children. => not applicable

                                  411 ?if he has siblings (Ikhwatun) then to his mother is one sixth. => not applicable .

                                  Then what left for your justification of giving mother 1/6 from 411 ??

                                  B- One sibling 1/6; more they share 1/3; spouse gets the rest

                                  Instead of assuming what is the definition of Kalala first , you should search the evidence of distribution from the verses and only then you can reach to your decision .

                                  412 For you is half of what your wives leave behind if they have no children?.

                                  The above part is more logical and related to the problem . Hence, Husband should have ? .

                                  412? but has a brother or sister, then to each one of them is one sixth,

                                  Hence the sister will get 1/6 .

                                  1-(?+1/6) =1/3 undistributed .

                                  Sister in 412 is a sister of kelala who has a spouse. Since spouse of kelala's share is not defined, the spouse gets the rest.
                                  Sister in 4176 is of a kelala who does not have a spouse. If she is the sole heir she gets all. The half is presuming existance of counterpart male/s.

                                  This is also a pre-determined decision . If you remove your biased understanding of Kalala , and as the case you are talking about siblings+spouse say, Sister + Wife , then more logical distribution will be

                                  412 To them is one quarter of what you leave
                                  behind if you have no child;..

                                  Hence wife =1/4

                                  And sister =1/6 according to 412 Or ? according to 4176 . In both case it doesn?t add up to 01.

                                  Instead why not use Almighty God?s hints to have a clue to differentiate between 1/6 or ? share of sister .

                                  4176 They ask your opinion , say "God decrees in the man or woman being Kalala , if man/human died, not for him a child, and for him a sister, so for her half what he left,

                                  Hence God?s wisdom is pulling us to the sate of ?no children? for Kalala to have his sister ? . Keeping the same logical observation in mind it will be more safe to think of sister?s share 1/6 incase of Kalala when ?with children? .

                                  Also this conclusion will offer a 100% accurate distribution of share to related to it (add up to 01 , not less than or greater than 01 which happened to be found in your proposal )

                                  A-We should remember that whenever a female is mentioned, a male counterpart is presumed. No guidance on same gender since it's obvious. No verse on a sole heir beause it's obvious too we cannot give any share to any relative not entitled to the inheritance and thus not mentioned. For example verse 4176 is for siblings only. (his siste gets half) presumes existance of at least one brother. If he has only a sister, she gets the whole inheritance since no eligible heir exists. Shares of siblings in 4176 follow the formulae for children.

                                  B-Another point is that, if the allotted shares are less than the whole, the remainder goes back to the nearest relative.

                                  Relatives according to nearness to the deceased
                                  1st- Children
                                  2nd- Parents
                                  3rd- Spouse
                                  4th- Siblings

                                  A- Agree though should not be taken as hard and fast rule .
                                  B- Disagree . Your way of understanding of Kelala time to time will leave some reminder but not the way Eid AbduAllah understood it . A 100% accurate distribution will not be greater than or smaller 01.

                                  Thanks.

                                  1 Reply Last reply
                                  0
                                  • U Offline
                                    U Offline
                                    Union
                                    wrote on last edited by
                                    #372

                                    Salaam Samia,

                                    Her share was determined 412 & 4176 and with a father; she gets nothing.

                                    I don't see that anywhere in Qur'an, sounds like a ruling by Samia...lol

                                    The main reason this thread was started.

                                    There is only the mother left as a possibility.

                                    Does not work as with the children; key difference being cannot have two cases with two females. The women 1/2 or 2/3 are alone have to share with someone that being the mother.

                                    1 sister, mother 1 - 1/2 sister = 1/2 mother
                                    2+ sisters, mother 1 - 2/3 sisters = 1/3 mother

                                    4176
                                    They ask your clarification, say "God decrees in Al-Kallati, if 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.

                                    Peace

                                    Salam AbduAllah . So far I didn't see any disorder in your understanding of Kelala . If sister Samia could have brought practical examples for each of his theory as you did everytime , may be something different (if it really exists) could have been realized . I am in the position of such definition of Kelala where all the shares must add up to 01 .

                                    Allah knows the best .

                                    Thanks .

                                    1 Reply Last reply
                                    0
                                    • S Offline
                                      S Offline
                                      Samia
                                      wrote on last edited by
                                      #373

                                      411 ?if he has siblings (Ikhwatun) then to his mother is one sixth. => not applicable .

                                      Then what left for your justification of giving mother 1/6 from 411 ??

                                      Salaam Union
                                      How is it not applicable when you are just saying it 411 "if he has siblings then to his mother is one sixth"?!
                                      If you are asking about the father, I just don't undertand how you read the verse 411
                                      "For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased Left brothers (or sisters) the mother has a sixth. (The distribution in all cases ('s) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-knowing, Al-wise."

                                      If there are children, 1/6th for each.
                                      If the parents are the only heirs, the mother gets 1/3 (by logic the father gets 2/3, though not explicitely mentioned)
                                      If they are not the only heirs (there are siblings) the mother gets 1/6 (and by analogy the father gets the double, i.e 2/6 = 1/3).

                                      Instead of assuming what is the definition of Kalala first , you should search the evidence of distribution from the verses and only then you can reach to your decision .

                                      The definition of kelala is xtremely important because it will show if someone is eligible to inherit or not. If you understand kelala as only parentless; then you will give a share to siblings when there are children. Shares will still add up to 100% since children do not have a determined percentage of the wealth but get the remaining.
                                      For example
                                      mother, son, dughter, brother.

                                      Your distribution based on your definition of kelala will be
                                      Mother 1/6; sister 1/2 (or 1/6, depending on whichever verse you use 412 or 4176) and children get the rest.
                                      My distribution based on my understanding of kelala will be
                                      Mother 1/6, children get the remainder and siblings get nothing.

                                      Another result of not considering the definition of kelala important is giving the sister 1/6 as you just did, when there's a mother You are giving the sister of a standard deceased person (where 411 should be applicable) the share of sister of kelala (where you are applying 412).
                                      Remember that siblings are mentioned in all three verses, with different defined shares or undefined shares. Unless you know who they are inheriting (kelala or not) and whether they can inherit or not; you cannot determine which verse to apply.

                                      1 Reply Last reply
                                      0
                                      • U Offline
                                        U Offline
                                        Union
                                        wrote on last edited by
                                        #374

                                        Salaam Union
                                        How is it not applicable when you are just saying it 411 "if he has siblings then to his mother is one sixth"?!
                                        If you are asking about the father, I just don't undertand how you read the verse 411
                                        "For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased Left brothers (or sisters) the mother has a sixth. (The distribution in all cases ('s) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-knowing, Al-wise."

                                        If there are children, 1/6th for each.
                                        If the parents are the only heirs, the mother gets 1/3 (by logic the father gets 2/3, though not explicitely mentioned)
                                        If they are not the only heirs (there are siblings) the mother gets 1/6 (and by analogy the father gets the double, i.e 2/6 = 1/3).

                                        Walaikumsalam Wa RahmatuAllah dear Samia .

                                        The case we are dealing with Father + Mother + Sister

                                        Peace Samia,

                                        Please clarify...

                                        IF parents no spouse ? do siblings inherit?
                                        mother, father, sister (which verse 412 or 4176)

                                        And in the verse 411 , the Arabic term ?Ikhwatun? cancels the existence of only sister

                                        Salaam Union, all

                                        "ikhwatun" is plural. It can't be a brother. It can be a brother and a sister, or more than two brothers (minimum definition).

                                        And that?s how it is not applicable for the example we were trying to clarify .

                                        mother, son, dughter, brother.

                                        Your distribution based on your definition of kelala will be
                                        Mother 1/6; sister 1/2 (or 1/6, depending on whichever verse you use 412 or 4176) and children get the rest.

                                        411 .. to his parents each one of them one sixth of what is inherited if he has children?.
                                        Mother 1/6

                                        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?..
                                        Sister 1/6
                                        Sister1/2 of 4176 is not applicable since this case is without children

                                        Children is rest 1-(1/6+1/6) = 2/3 (FM =11 ratio)

                                        Is it not simple , convenient and logical to follow using verse by verse ?

                                        My distribution based on my understanding of kelala will be
                                        Mother 1/6, children get the remainder and siblings get nothing.

                                        Your distribution has a good effect of preconception of Kalala and hence not convenient to a casual reader to understand its definition from Qur?an as it represents . As I told you in this regard

                                        Salam Samia .

                                        Instead why not use Almighty God?s hints to have a clue to differentiate between 1/6 or ? share of sister .

                                        4176 They ask your opinion , say "God decrees in the man or woman being Kalala , if man/human died, not for him a child, and for him a sister, so for her half what he left,

                                        Hence God?s wisdom is pulling us condition of ?no children? for Kalala to have his sister ? . Keeping the same logical observation in mind it will be more safe to think of sister?s share 1/6 incase of Kalala when ?with children? .

                                        Also this conclusion will offer a 100% accurate distribution of share to related to it (add up to 01 , not less than or greater than 01 which happened to be found in your proposal )

                                        Another result of not considering the definition of kelala important is giving the sister 1/6 as you just did, when there's a mother You are giving the sister of a standard deceased person (where 411 should be applicable) the share of sister of kelala (where you are applying 412).
                                        Remember that siblings are mentioned in all three verses, with different defined shares or undefined shares. Unless you know who they are inheriting (kelala or not) and whether they can inherit or not; you cannot determine which verse to apply.

                                        As we found in the verse

                                        411 ?if he has siblings (Ikhwatun) then to his mother is one sixth.

                                        Which rendering rationally that if siblings are getting shares under Kelala condition , there is a valid possibility of mother?s share simultaneously . In other word mother does exist for a deceased Kalala person . Please try to run each and every possible share covering this phenomenon and you will see no disorder .

                                        Therefore , If Mother + Sister is the case , it can be a Kealal case

                                        4176
                                        They ask your clarification, say "God decrees in Al-Kallati, if human died, not for him a child, and for him a sister, so for her half what he left,..

                                        Sister = ? and Mother =1/2

                                        Thanks .

                                        1 Reply Last reply
                                        0
                                        • S Offline
                                          S Offline
                                          Samia
                                          wrote on last edited by
                                          #375

                                          And in the verse 411 , the Arabic term ?Ikhwatun? cancels the existence of only sister
                                          And that?s how it is not applicable for the example we were trying to clarify .

                                          Salaam Union
                                          Regarding my post you quoted. I later clarified my mistake here

                                          Salaam Eid
                                          I know where you are going ;D. My response was based on an isolated word not in a context. This is exactly like "awlaad" or "walad" in verse 411. It could be any number or gender of children. But if you ask me what "awlaad" is, I will answer the same way I answered for "ikhwatun"

                                          So ikhwatun and awlaadukum are bothe plurals "linguistically", but in the context, it's any number from one, any gender.

                                          411 .. to his parents each one of them one sixth of what is inherited if he has children?.
                                          Mother 1/6

                                          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?..
                                          Sister 1/6
                                          Sister1/2 of 4176 is not applicable since this case is without children

                                          Children is rest 1-(1/6+1/6) = 2/3 (FM =11 ratio)

                                          Is it not simple , convenient and logical to follow using verse by verse ?

                                          Isn't this what I expected to be your distribution?
                                          You are using 411 for mother of a deceased who is not kelala; then you are using the share for a sister in 412 for a deceased who is a kelala. Tell me is your deceased a kelala or not? Because he/she cannot be both.
                                          Maybe it is simple, convenient (no need to think too much) but definitely not logical using any verse. This is why I said it's important to decide what the deceased is to see who inherits and who does not, and this calls for a correct definition of kelala.

                                          Your distribution has a good effect of preconception of Kalala and hence not convenient to a casual reader to understand its definition from Qur?an as it represents

                                          No one can understand any definition of kelala from a distribution of wealth. It's the other way rund one should know the efinition then they will understand the distribution.

                                          As we found in the verse

                                          411 ?if he has siblings (Ikhwatun) then to his mother is one sixth.

                                          Which rendering rationally that if siblings are getting shares under Kelala condition , there is a valid possibility of mother?s share simultaneously . In other word mother does exist for a deceased Kalala person . Please try to run each and every possible share covering this phenomenon and you will see no disorder .

                                          Therefore , If Mother + Sister is the case , it can be a Kealal case

                                          Verse 411 never mentions a kelala. From the beginning it's speaking of a standard deceased. Otherwise, you are making all deceased kelala, since the kelala is mentioned in the other two verses.

                                          It's also the only verse mentioning shares of children and parents.
                                          The other two verses mention shares of spouses and shares of siblings (as well as 411)
                                          Doesn't this tell you something?

                                          Where kelala is mentioned, parents and children are not (412; 4176)
                                          Where parents and children are mentioned, kelala is not (411)

                                          Isn't it so simple, convenient and logical to conclude from this that a kelala is parentless and childless?

                                          4176
                                          They ask your clarification, say "God decrees in Al-Kallati, if human died, not for him a child, and for him a sister, so for her half what he left,..

                                          Sister = ? and Mother =1/2

                                          Where do you read "mother" in 4176? Why not a father or both parents?
                                          Why are you giving the "alleged mother" half? Where does the mother gets a half any way?
                                          We already have the case of parents with and without children; and with siblings (411). None of them gives the mother a half.
                                          Moreover, in the same verse (4176), what if the siblings were more than three? (if there are brothers and sisters, (they share), the male having the share of the two females)? how to distribute two unknowns?

                                          1 Reply Last reply
                                          0
                                          Reply
                                          • Reply as topic
                                          Log in to reply
                                          • Oldest to Newest
                                          • Newest to Oldest
                                          • Most Votes


                                          • Login

                                          • Don't have an account? Register

                                          • Login or register to search.
                                          • First post
                                            Last post
                                          0
                                          • Categories
                                          • Recent
                                          • Users