Inheritance question
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Peace All
I would like to know about the female inheriting more than the male. Is this really because the male is responsible for maintaining the family as I have been told?
If this is/was the case, how can we justify the same being applied today when there are households where the woman is the major breadwinner & in many cases even the sole breadwinner?
Imraan
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Depends on the particular case and exact meaning of the term?
411/176
to the male alike fortune the two females ?http//www.mathcracker.com/piechartimage.php?data=2,1,1&cat=male,%20female,%20female
OR
http//www.mathcracker.com/piechartimage.php?data=1,1,1&cat=male,%20female,%20female
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I don't have any straight answer, but this is for sure part of the test from Almight.
It is easy to sit and demand twice as much as your sister, but then you should also deliver twice as much. God system is that of balance... so when males are supposed to get x2 of the female share, they need to balance it out in other ways, otherwise it would simply not be fair. -
How much to give 1 brother and 2 sisters?
2/3 to the 2 sisters or to the brother equal share the 2 sisters?
http//free-minds.org/quran/PM/4/176
Progressive Muslims 4176 They seek a ruling from you, say ?God gives you the ruling for those who have no descendants. If a person passes away and has no children but has a sister, then she shall receive half of what he leaves behind. And he will inherit from her if she has no child. However, if he has two sisters, then they will receive two thirds of what he left behind; and if he has siblings, men and women, then the male shall receive twice what the female receives.? God makes clear to you that you do not stray; God is aware of all things.
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No Error In Qur'an Division of Inheritance According to Quran
http//www.quraniclesson.com/no-error-in-qur-an-division-of-inheritance-according-to-quran/
Read people! Study! Learn!
It is just too easy to scribble the posts and chat in forums and amass confusions...
http//www.symmetricbook.com/index.php?lang=en
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Peace,
No Error In Qur'an Division of Inheritance According to Quran
http//www.quraniclesson.com/no-error-in-qur-an-division-of-inheritance-according-to-quran/
Read people! Study! Learn!
It is just too easy to scribble the posts and chat in forums and amass confusions...
That book contradicts Qur'an author is clueless and you shouldn't post stuff and links sites that you cannot defend.
Quote from Book Example II
Supposing that, the deceased left three daughters, two sons, parents, a spouse and three siblings behind.
In this case, after adjusting from the testament and the debt, the inheritance is divided amongst children as followsAs the daughter takes one share and the son takes two shares, the property is divided into seven parts
each daughter receives a part, and each son receives two parts. Thus, the whole property has been divided amongst children in the first stage.In every case, when the deceased left combination of daughters and sons, the result won?t change regardless of the number of the children. The whole property is always divided as a complete share for each son, and a half share for each daughter in the first stage.
I'll ask you to dig through that book which mainly rants and gives hardly any example to distribute case
Mother and Sister -- which verse does he use 412 sister gets 1/6 or 4176 sister gets 1/2?
Likewise and what is his definition for Kalala?
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I would like to have some examples of how to apply inheritance laws according to 4176 and 411 etc...
Peace Alladin,
Thanks for asking, this made me re-check/verify a few things for contradictions; here are all the examples...
2180 prescribed for you when comes any one of you the death if left better the will to the parents and the near relatives in fair manner duty on the righteous
46 and test the orphans until when reached the marriage so if you perceive from them rational so deliver to them their wealth and not eat/consume it wastefully and hastily lest/that they grow up and from is rich so should refrain and from is poor so let eat/consume in fair manner so when you deliver to them their wealth so take witnesses on them and sufficient with The God Reckoner
47 to the men a share from what left the parents and the close relatives and to the women/females a share from what left the parents and the close relatives from what small from it or large portion carry out
48 and when comes the division those the relatives and the orphans and the poor so provide them from it and speak to them a saying nice
49 and let fear the ones who if they left from behind them descendants weak fearing/concerned on them so let them fear The God and let them speak a saying right
410 indeed the ones who eat wealth the orphans injustice surely eat in their bellies a fire and they will be burned a blaze
Laws of inheritance according to Qur?an
A sole inheritor gets the whole (no need for inheritance ruling) after any bequests/wills are first paid and Algebra cannot always be applied e.g. sole inheritor father, mother, son, sister, or brother have unstated values and using algebra normalization or evenly increasing/decreasing using al-Awl which was invented years after Qur?an as the traditionalist currently do one can fix any shortfall/excess and clump any and all inheritors together, e.g.
1 ? 1/6x father ? 1/6x mother - 1/4x wife ? 1/3 siblings ? 2/3x daughters = 0
1 = 2/12x + 2/12x + 3/12x + 4/12x + 8/12x; 1 = 19/12x
Thus In solving the equation above using algebra (also invented years after Qur?an) we get x = 12/19
1/612/19 = 2/19 father
1/612/19 = 2/19 mother
1/412/19 = 3/19 wife
1/312/19 = 4/19 siblings
2/3*12/19 = 8/19 daughters
Total of distributions = 1411 directs you The God in your children to the male like share the two (feminine) so if are women/females above two (feminine) so for them two thirds what left and if she was one so for her the half and for their parents to each one from them the sixth from what left if is to person child so if not is to person child and heirs person?s parents so to his mother the third so if is to person siblings so to his mother the sixth from after a will have made in it or judgment your parents and your children not you know which of them closer to you benefit obligation from The God indeed The God is Knowing Wise
Verses on Inheritance start with Children to the male like share the two (feminine) which if alone would be applied as understood by traditionalists at a 21 ratio and include all mixed children combinations. However, Qur?an continues with a conditional IF statement so if are women/females above two (feminine) so for them two thirds what left
The above logically excludes all combinations from the first statement when above two i.e. 3+ females.
1 - 2/3 three daughters or 2/9 each = 1/3 one son
1 - 2/3 three daughters or 2/9 each = 1/3 two sons or 1/6 each
1 - 2/3 three daughters or 2/9 each = 1/3 three sons or 1/9 eachhttp//chart.apis.google.com/chart?chs=300x100&chd=t100,50&cht=p3&chl=3%20daughers|son/s
Then continues with another logical IF statement and if she was one so for her the half which excludes all combinations from the first and second statements when there is one female.
1 ? 1/2 one daughter = 1/2 one son
1 - 1/2 one daughter = 1/2 two sons or 1/4 each son
1 ? 1/2 one daughter = 1/2 three sons or 1/6 each sonhttp//chart.apis.google.com/chart?chs=300x100&chd=t50,50&cht=p3&chl=daugher|son/s
Therefore we apply to the male like share the two (feminine) when they are exactly two!
1 - 1/2 two daughters or 1/4 each = 1/2 one son
1 - 1/3 two daughters or 1/6 each = 2/3 two sons or 1/3 each
1 - 1/4 two daughters or 1/8 each = 3/4 three sons or 1/4 eachhttp//chart.apis.google.com/chart?chs=300x100&chd=t50,50&cht=p3&chl=2%20daughers|sonhttp//chart.apis.google.com/chart?chs=300x100&chd=t50,100&cht=p3&chl=2%20daughers|2%20sons
To the parents is straightforward; they get paid first, remainder goes to children distributed according to above.
Example 1 - 1/3 parents (1/6 each) = 2/3 childrenIf only parents i.e. and heirs person?s parents so to his mother the third
1 - 1/3 mother (fixed) = 2/3 father (variable)http//chart.apis.google.com/chart?chs=300x100&chd=t100,50&cht=p3&chl=children|parentshttp//chart.apis.google.com/chart?chs=300x100&chd=t100,50&cht=p3&chl=father|mother
412 and for you half what left your spouses if not is for them child so if is for them child so for you the fourth from what they left from after a will they made in it or judgment and for them the fourth from what you left if not is to you child so if is to you child so for them the eight from what you left from after a will you made in it or judgment and if is a man inherited spouseless and fatherless or woman and has a brother or sister so for each one from them the sixth so if they have more from that so they partners in the third from after a will is recommended in it or judgment not harmful a will from The God and The God Knowing Forbearing
Husband, Parents, and Children
1 - 1/2 husband = 1/2 father/mother (both variable)
1 - 1/2 husband = 1/2 parents (1/3 father + 1/6 mother)1 - 1/4 husband = 3/4 children
1 - 1/4 husband - 1/6 father/mother = 7/12 children
1 - 1/4 husband - 1/3 parents (1/6 each) = 5/12 childrenWife, Parents, and Children
1 - 1/4 wife = 3/4 father/mother (both variable)
1 - 1/4 wife = 3/4 parents (1/2 father + 1/4 mother)1 - 1/8 wife = 7/8 children
1 - 1/8 wife - 1/6 father/mother = 17/24 children
1 - 1/8 wife - 1/3 parents (1/6 each) = 13/24 childrenhttp//chart.apis.google.com/chart?chs=300x100&chd=t3,8,13&cht=p3&chl=wife|parents|children
Distributions if deceased is Kalala (spouseless and fatherless) with child ? for the Kalala no child use 4176
1 - 1/6 sister/brother = 5/6 children
1 - 1/3 siblings (share equally) = 2/3 children1 - 1/6 mother ? 1/6 sister/brother = 2/3 children
1 ? 1/6 mother - 1/3 siblings (share equally) = 1/2 childrenhttp//chart.apis.google.com/chart?chs=300x100&chd=t2,4,6&cht=p3&chl=mother|siblings|children
Distributions of a deceased the Kalala (spouseless and fatherless) no child
4176 they seek your ruling say The God gives you a ruling in the Kalala spouseless and fatherless if a person died is not to that person child and has sister so for her half what left and he inherits her/it if not is to her child so if were (feminine dual) two (feminine) so to them the two thirds from what left and if they have ikh'watan/siblings men (plural) and women/females so to the male like share the two (feminine) clarifies The God to you lest/that you stray and The God in every a thing Knowing
1 - 1/6 mother = 5/6 brother/s (411 ikh'watan, the mother?s share is fixed at 1/6)
1 - 1/2 one sister = 1/2 mother (411 not ikh'watan need at least one male present, the mother?s share is variable)
1 - 2/3 two sisters 1/3 each = 1/3 mother
1 - 2/3 three sisters (i.e. so if were (feminine dual) or if two are present) 2/9 each = 1/3 motherhttp//chart.apis.google.com/chart?chs=300x100&chd=t2,2&cht=p3&chl=mother|sisterhttp//chart.apis.google.com/chart?chs=300x100&chd=t2,1&cht=p3&chl=2%20plus%20sisters|mother
1 - 1/2 one sister = 1/2 one brother
1 - 1/2 one sister = 1/2 two brothers 1/4 each
1 - 1/2 one sister = 1/2 three brothers 1/6 each1 - 2/3 two sisters 1/3 each = 1/3 one brother
1 - 2/3 two sisters 1/3 each = 1/3 two brothers 1/6 each
1 - 2/3 two sisters 1/3 each = 1/3 three brothers 1/9 eachhttp//chart.apis.google.com/chart?chs=300x100&chd=t1,1&cht=p3&chl=sister|brother/shttp//chart.apis.google.com/chart?chs=300x100&chd=t2,1&cht=p3&chl=2%20sisters|brother/s
1 - 1/6 mother = 5/6 siblings distributed same as above (total is now 5/6 not 1)
Example 5/6 - ?*5/6 one sister = ?*5/6 one brother; do same for all other combinations up to?If three+ sisters ( and nisa 3+ women/females) and three+ brothers i.e. men (plural 3+)
so to the male like share the two (feminine) distributed at 21 ratioThe above conditional IF resets the prior statement of two+ sisters getting 2/3 and prevents contradiction. This is because nisa always refers to three+ women/females and likewise men plural three+ otherwise Qur?an uses
412 rajulun a man (masculine singular indefinite noun) inherited Kalala or im'ra-atun a woman (feminine singular) or 2282 ? so if not there are rajulayni two men (masculine dual) farajulun so one man (masculine indefinite noun) wa-im'ra-atni and two women (feminine dual).
Examples
1 - 2/3 three brothers 2/9 each = 3/9 three sisters 1/9 each
1 - 1/6 mother = 5/6 siblings (i.e. three+ sisters and three+ brothers) distributed at 21 ratio male to femalehttp//chart.apis.google.com/chart?chs=300x100&chd=t1,2&cht=p3&chl=3%20sisters|3%20brothershttp//chart.apis.google.com/chart?chs=300x100&chd=t5,10,3&cht=p3&chl=3%20sisters|3%20brothers|mother
The above is precise and does not contradict and as can be seen every word has to be read carefully.
Perhaps they should make this post a sticky since the net is littered with contradicting interpretations.
Peace
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Peace,
I was reading the earliest traditions Al-Muwatta' of Imam Malik (163 AH)
http//www.sunnipath.com/Library/Hadith/H0001P0027.aspx
Fixed Shares of Inheritance
27.0 Fixed Shares of Inheritance
27.1 Inheritance of Direct Descendants
Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance (fara'id) of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If people with fixed shares share with the children and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.Contradictions with above traditionalist interpretation/opinion
- How much to give when they are exactly two daughters?
- They assume over two means two which is a contradiction in itself.
Example case 1 - 1/4 husband - 1/3 parents (1/6 each) = 5/12 children
They resolve using algebra normalization or al-Awl increasing/decreasing evenly all shares, e.g.
1 - 1/6x father - 1/6x mother - 1/4x husband - 1/2x daughter = 0
1 - 2/12x father - 2/12x mother - 3/12x husband - 6/12x daughters = 0
1 - 13/12x = 0
1 = 13/12x
12/13 = x then use substitution1/612/13 = 2/13 father
1/612/13 = 2/13 mother
1/412/13 = 3/13 husband
2/412/13 = 6/13 daughterVerify above and other contradictions with online calculator http//www.islamicsoftware.org/irth/irth.html
Contradicts the explicit fixed amounts prescribed in Qur?an
411 and for their parents to each one from them the sixth from what left if is to person child
412 so if is for them child so for you the fourth from what they left from after a will
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Thanks Noon dhe plume for referring me to this thread.
Distributions if deceased is Kalala (spouseless and fatherless) with child ? for the Kalala no child use 4176
1 - 1/6 sister/brother = 5/6 children
1 - 1/3 siblings (share equally) = 2/3 children1 - 1/6 mother ? 1/6 sister/brother = 2/3 children
1 ? 1/6 mother - 1/3 siblings (share equally) = 1/2 childrenI see that you are still confused about the definition of kalala to the extent that now you presume they have children (this is different from before when you also wrongly defined the kalala as childless spouse-less)]. And I still disagree with you!
The three verses of inheritance discuss different situations regarding the primary heirs (spouses, parents and children) and the secondary heirs (siblings). The latter only inherit if there are no children. The kalala is someone who does not have children, but not everyone who does not have a child is a kelalah. We need another parameter to decide if a person is a kalala or not.
The first verse, 4 11, discusses children and parents. Siblings appear when there are no children but there are parent/s only. This person is not referred to as kalala.
The second verse, 411, discusses the share of spouses in both case of existence or non existence of children. The question is
If there are no children and the spouse inherits 1/4 (wife) or 1/2 (husband); where does the remaining inheritance go? I suppose that here it's presumed that there are parents. o we have actually a case of parents AND spouse, which is the difference between 411 and 412.
But the kalala is mentioned again. This confirms that not having children alone does not make someone kalala. So what about the kalala here? He is the one who does not have parents, and this agrees with 411 where the peron who does not have children but has parents is not referred to as kalala.The third verse 4176 is all about a kalala who does not have a wife and here all the inheritance goes to the siblings. Compare with verse 412 where the kalala has a wife.
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Salam,
Maybe, God Willing, someone could help me out here. I am in the process of getting a divorce and must make adjustments to my will.
I have my ex-wife, my mother, one sister and two teenage sons. I have always been a bit "confused" about the inheritance laws and if anyone could clarify how I should break up my inheritance for everyone involved it would be appreciated.
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Salam,
Maybe, God Willing, someone could help me out here. I am in the process of getting a divorce and must make adjustments to my will.
I have my ex-wife, my mother, one sister and two teenage sons. I have always been a bit "confused" about the inheritance laws and if anyone could clarify how I should break up my inheritance for everyone involved it would be appreciated.
The answer depends on where you live.
Islamic countries, unfortunately and bizarrely enough, do not recognize wills and will execute only the 1/3 of it, and the rest will be dealt with according to inheritance law.In your case, you are not dead yet, I suppose, so your ex-wife-to be has nothing to do with your inheritance. Just pay her what she is entitled to.
Of course if you want, you can include her in the 1/3 executable will.
In a true quraanic law, writing a will is an obligation, and you have the right to disregard the inheritance laws because that is what the will is for.
According to inheritance laws, your sister is not entitled to anything since you have children. Your mother gets 1/6 and the rest goes to your two daughters. f you want to leave anything for your sister, mention her in a will. Again Islamic law understands kalala as some one who does not have "sons" not "just daughters". I think the shiia differ here and understand the kalala correctly where "walad" means child.In brief, according to Islamic Law, the money will be distributed in this way mother 1/6; daughters 2/3, the other 1/6 I think will return to the daughters or to a male heir if there is one. The sister gets nothing.
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Thanks Noon dhe plume for referring me to this thread.
I see that you are still confused about the definition of kalala to the extent that now you presume they have children (this is different from before when you also wrongly defined the kalala as childless spouse-less)]. And I still disagree with you!
The three verses of inheritance discuss different situations regarding the primary heirs (spouses, parents and children) and the secondary heirs (siblings). The latter only inherit if there are no children. The kalala is someone who does not have children, but not everyone who does not have a child is a kelalah. We need another parameter to decide if a person is a kalala or not.
The first verse, 4 11, discusses children and parents. Siblings appear when there are no children but there are parent/s only. This person is not referred to as kalala.
The second verse, 411, discusses the share of spouses in both case of existence or non existence of children. The question is
If there are no children and the spouse inherits 1/4 (wife) or 1/2 (husband); where does the remaining inheritance go? I suppose that here it's presumed that there are parents. o we have actually a case of parents AND spouse, which is the difference between 411 and 412.
But the kalala is mentioned again. This confirms that not having children alone does not make someone kalala. So what about the kalala here? He is the one who does not have parents, and this agrees with 411 where the peron who does not have children but has parents is not referred to as kalala.The third verse 4176 is all about a kalala who does not have a wife and here all the inheritance goes to the siblings. Compare with verse 412 where the kalala has a wife.
Peace Samia,
We went through all this before and posted all the combination above. With no children the spouse or sole inheritor always gets the whole and no need for inheritance verses. It's the same when a deceased only leaves a father, or only a brother no one to divide with or to contest so an only inheritor obviously gets the whole.
If you like we'll go through it again, please post case example; e.g.
Deceased leaves wife and children
1 - 1/8 wife = 7/8 childrenDeceased leaves parents, wife, and children
1 - 1/8 wife - 1/6 father/mother = 17/24 childrenThe Kalala case has to have a child 412 or use 4176 no child
This is clear else why stated Kalala no child if Kalala is childless?
4176 they seek your ruling say The God gives you a ruling in the Kalala if a person died is not to that person child
Otherwise you have no way to solve the simple case sister and mother?
Which verse to use or what to give the sister 1/6 in 412 or 1/2 in 4176?
Salam,
Maybe, God Willing, someone could help me out here. I am in the process of getting a divorce and must make adjustments to my will.
I have my ex-wife, my mother, one sister and two teenage sons. I have always been a bit "confused" about the inheritance laws and if anyone could clarify how I should break up my inheritance for everyone involved it would be appreciated.
Peace -- your ex is not your spouse therefore she gets nothing; without a will it be thus...
411 and for their parents to each one from them the sixth from what left if is to person child
1 - 1/6 mother = 5/6 children
411 and if she was one so for her the half
1/2*5/6 one daughter = 5/12 and the remaining half or 5/12 to the two sons, 5/24 each
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Noon
My post was not about calculations, but about the definition of kalala.Samia, search everywhere you'll not find a clear definition of kalala only assumptions.
I had to extrapolate and spouse-less fatherless is the only non contradicting meaning.