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  4. Kalala Inheritance Revisited

Kalala Inheritance Revisited

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  • O Offline
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    Onur
    wrote on last edited by
    #1

    Greetings,

    I want to offer a new interpretation of the Quran?s inheritance system with regard to collateral relatives. The issue is the word ?kalala,? a word that occurs in 412b and 4176. Commentators have been baffled by this word. I had earlier introduced the discussion of this word to this forum. Many forum participants tried hard to define the word in a way that would make the ?math? and logic work with regard to the share of siblings. I would like to take a different line and proceed from etymology. I don?t claim that this is the truth about these verses. I offer it as an interesting concept to think about, especially with the goal of more egalitarian distribution of wealth in mind.

    After long research, I have found the following definition from Ibn Kathir- I think it is the best linguistic analysis of this word.
    al-Kalalah' (&#1577 is in fact a masdar which means to encompass; from it is derived al-iklil ( = crown) because it encircles the head; also al-kull ( = whole, all, total) comes from it because it encompasses its parts; another derivative is al-kall ( = to be tired, dull); it implies a sort of wearisome encompassing against the one on whom he depends.

    This definition is insightful because it accords with the Quran?s use of the same root- k,l,l- in the verse 1676. In that verse, the meaning is someone who is dependent or a burden.

    If one searches history of Quranic exegesis, one finds that there was a considerable debate about the question whether the word kalala refers to the deceased or his heirs.

    I think it refers to the heirs of the deceased, not to the deceased himself. I think the word denotes two qualities of the heirs 1) they are collateral inheritors(siblings, cousins, uncles and so on); those heirs who encompass the deceased from the side, as it were AND/OR 2) they are dependents of the deceased, poor people who look to him or her for sustenance. In addition, I think the word?s meaning as dependent can be extended by means of practical reasoning (ijtihad) to disadvantaged people who have some connection to the deceased( gender and disability might factor in here).

    On this basis, I offer the following translation of the kalala verses

    412 If a man or woman is inherited by collateral relations and/or dependents and he has siblings, then ?.
    4176 God advises you about the inheritance of collateral relations and dependents....

    On this interpretation, I make the following points.

    1. Siblings are just a sub-category of kalala 2) Siblings are responsible to share their portion with the rest of kalala(cousins, uncles, aunts, servants, people who were dependent on the deceased) in a fair manner. It is up to the judge/community to ascertain the share of the rest of kalala.( the Quran sets only the share of the siblings)
    2. If the deceased has no siblings but has other collaterals, these can claim the shares the verses allocated to the siblings
    3. As a general rule, the Quran?s system of wealth distribution should be rendered as egalitarian and fragmented as possible. The Quran favors the increase of the shares of collaterals. Collaterals can inherit even in the presence of direct ascendants or descendants. The conventional Islamic law of inheritance has to be reformed accordingly.
    4. The Quran has used a multi-meaning and somewhat ambiguous word here to allow intelligent believers to partake in the creation of a flexible and fair law of distribution. God expects an active citizenry and democratic law-making.
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      good_logic
      wrote on last edited by
      #2

      Peace Onur.

      Does God explain what " Kalala" means in 4176?

      It simply means " single person" ie has no children.

      ..."If the deceased, man or woman was " single/a loner"( has no children), and has a brother or sister....

      They consult you; say, "God advises you concerning the single person. If one dies and leaves no children, and he had a sister, she gets half the inheritance. If she dies first, he inherits from her, if she left no children. If there were two sisters, they get two-thirds of the inheritance. If the siblings are men and women, the male gets twice the share of the female." God thus clarifies for you, lest you go astray. God is fully aware of all things.

      Peace.

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      • O Offline
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        Onur
        wrote on last edited by
        #3

        Hello,
        In my view, what you present is not a definition of kalala There would be no need to use such an unfamiliar and thought-provoking word to describe a simple concept as childless man.
        The part you point out simply lays out the condition under which the shares of collateral relations/dependents increase from 412 to 4176. When the deceased is childless, the share of collaterals increases. In fact, the reason the Quran returns to the issue of collaterals again in 4176 is to endorse a tendency to increase the share of collaterals and fragment the wealth across a broad range of people. In my view, The Quran discusses siblings' shares as a sub-category of kalala/collaterals and dependents and leaves it to the community to expand on this notion. The community might choose to select a particular group of dependents(kalala) and allocate some of the share of siblings to those. If there are no siblings, the shares of these dependents might be increased. Legal reasoning should be flexible. That is my general point.

        I am familiar with the definition you propose and many other alternative definitions. I'd appreciate if this thread remains focused on my particular intervention based on etymology and independent practical reasoning(ijtihad)

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        • G Offline
          G Offline
          good_logic
          wrote on last edited by
          #4

          Peace Onur.

          Quote I am familiar with the definition you propose and many other alternative definitions. I'd appreciate if this thread remains focused on my particular intervention based on etymology and independent practical reasoning(ijtihad)

          If that is the case, you might as well keep answering yourself to fill the thread,

          Why make a simple thing complicated? You call it reasoning?

          Fine go ahead. I will leave alone.
          Peace.

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            Noon_waalqalami
            wrote on last edited by
            #5

            In my view, what you present is not a definition of kalala There would be no need to use such an unfamiliar and thought-provoking word to describe a simple concept as childless man.
            The part you point out simply lays out the condition under which the shares of collateral relations/dependents increase from 412 to 4176. When the deceased is childless, the share of collaterals increases. In fact, the reason the Quran returns to the issue of collaterals again in 4176 is to endorse a tendency to increase the share of collaterals and fragment the wealth across a broad range of people. In my view, The Quran discusses siblings' shares as a sub-category of kalala/collaterals and dependents and leaves it to the community to expand on this notion. The community might choose to select a particular group of dependents(kalala) and allocate some of the share of siblings to those. If there are no siblings, the shares of these dependents might be increased. Legal reasoning should be flexible. That is my general point.

            I am familiar with the definition you propose and many other alternative definitions. I'd appreciate if this thread remains focused on my particular intervention based on etymology and independent practical reasoning(ijtihad)

            Hello Onur -- good to see you post again and with whichever definition we have to distribute the shares.

            412... and if is a man inherited kalalah (i.e. if deceased left no crown/head of household; fatherless and spouse-less) or a woman...

            4176 they seek your ruling say The God gives you a ruling in al-kalalah if person died is not to person waladun/offspring...

            Inheritance thread http//free-minds.org/forum/index.php?topic=9604035.0

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            • O Offline
              O Offline
              Onur
              wrote on last edited by
              #6

              I have slightly revised my article to highlight the social/political importance of the issue. I also corrected the source of the etymological evidence I present. Here it is

              I want to offer a new interpretation of the Quran?s inheritance system with regard to collateral relatives. The issue is the word ?kalala,? a word that occurs in 412b and 4176. Commentators have been baffled by this word. Just have a brief look at the competing definitions outlined by Agostino Cilardo http//www.ecampus.com/quranic-term-kalala-studies-arabic/bk/9780748619160

              The topic is important because inheritance is the mechanism by which wealth concentrates in the hands of the few; C.Wright Mills has found that 93 percent of the richest Americans have inherited their wealth, not earned it, see his The Power Elite. I would also recommend Jackie Stevens' States without Nations for a discussion of an utopian world without inheritance laws which privilege immediate family, especially the children of the deceased. Stevens' discussion of inheritance follows from a critique of Karl Marx. Contra Marx, it is not a person's relation to means of production but a person's relation to his ascendants that determines his wealth and power. Given these points, we can conclude that allowing wealth to pass to collaterals as opposed to (only) descendants leads to a more just arrangement of economic life.

              I ask here if these considerations can motivate a re-interpretation of the Quran's inheritance law. I see value in applying insights from social and political research to interpretation of a foundational and sacred text. Perhaps Muslim societies can increase their intellectual and moral aptitude as a result of such application.

              I proceed from etymology of the word "kalala". I offer this as an attempt at legal reform. This is a reformist interpretation to ponder, especially with the goal of more egalitarian distribution of wealth in mind.

              After long research, I have found the following definition from Muhammad Husayn Tabatabei's commentary Al-Mizan- I think it is the best linguistic analysis of the word "kalala".
              al-Kalalah' (&#1577 is in fact a masdar which means to encompass; from it is derived al-iklil ( = crown) because it encircles the head; also al-kull ( = whole, all, total) comes from it because it encompasses its parts; another derivative is al-kall ( = to be tired, dull); it implies a sort of wearisome encompassing against the one on whom he depends.

              This definition is insightful because it accords with the Quran?s use of the same root- k,l,l- in the verse 1676. In that verse, the meaning is someone who is dependent or a burden.

              If one searches history of Quranic exegesis, one finds that there was a considerable debate about the question whether the word kalala refers to the deceased or his heirs.

              I think it refers to the heirs of the deceased, not to the deceased himself. I think the word denotes two qualities of the heirs 1) they are collateral inheritors(siblings, cousins, uncles and so on) AND/OR 2) they are dependents of the deceased, poor people who look to him or her for sustenance. In addition, I think the word?s meaning as dependent can be extended by means of practical reasoning (ijtihad) to disadvantaged people who have some connection to the deceased( gender and disability might factor in here).

              On this basis, I offer the following translation of the kalala verses

              If a man or woman is inherited by collateral relations and/or dependents and he has siblings, then ?.
              On this interpretation, I make the following points.

              1. Siblings are just a sub-category of kalala 2) Siblings are responsible to share their portion with the rest of kalala(cousins, uncles, aunts, servants, people who were dependent on the deceased) in a fair manner
              2. If the deceased has no siblings but has other collaterals, these can claim the shares the verses allocate to the siblings
              3. As a general rule, the Quran?s system of wealth distribution should be rendered as egalitarian and fragmented as possible. The Quran favors the increase of the shares of collaterals.( Consider that 4176 discusses a condition(absence of a child) under which the shares of collateral relations increases) Collaterals can inherit even in the presence of direct ascendants or descendants. The conventional Islamic law of inheritance has to be reformed accordingly.
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                Mazhar
                wrote on last edited by
                #7

                If one searches history of Quranic exegesis, one finds that there was a considerable debate about the question whether the word kalala refers to the deceased or his heirs.

                I think it refers to the heirs of the deceased, not to the deceased himself.

                Its erroneous is self evident even by a mere look on the Arabic sentence used in 412

                Verbal Noun as is known signifies only act and state. is a verbal noun. The state signified by this verbal noun can relate to a man as well a woman. is a Passive Verb. And is the circumstantial state relating to the pronoun-Proxy subject of the preceding verb.

                A man or woman who is inherited being in the state of

                Quote
                36. There is yet another situation where a Person-Man or Woman is expecting death in the state that the Spouse is not there-either dead or separated, say alienated before death-rendering him all by himself state of singular parent when son surviving and his/her singular Parent-either Mother or Father is alive.

                Daughter not Son is the central theme of Inheritance.

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                • O Offline
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                  Onur
                  wrote on last edited by
                  #8

                  Mazhar,
                  both male and female are included in the kalala.
                  the word is used adverbially in 412 and as a noun in 4176
                  In my view, adverbial usage denotes a relationship, a way of inheriting specifically, a relationship of (collateral) dependence.
                  as a noun, it signifies collaterals and dependent heirs.
                  In my view, bringing in the criteria of dependency and thus going beyond familial ties in the issue of inheritance is a very reasonable/progressive move on the part of the Quran. It is unfortunate that Muslim lawyers have not appreciated this and denied collaterals/dependents their fair share. The latter were given a share only in the absence of ascendants and descendants. The bias then is especially in favor of descendants(children). This bias leads to accumulation of wealth in a particular lineage(vertical) as opposed to the sharing of a wealth across a generation. Hopefully, a progressive Islamic commonwealth can remedy this in the future.

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                    Mazhar
                    wrote on last edited by
                    #9

                    Mazhar,
                    both male and female are included in the kalala.
                    the word is used adverbially in 412 and as a noun in 4176
                    In my view, adverbial usage denotes a relationship, a way of inheriting specifically, a relationship of (collateral) dependence.
                    as a noun, it signifies collaterals and dependent heirs.
                    In my view, bringing in the criteria of dependency and thus going beyond familial ties in the issue of inheritance is a very reasonable/progressive move on the part of the Quran. It is unfortunate that Muslim lawyers have not appreciated this and denied collaterals/dependents their fair share. The latter were given a share only in the absence of ascendants and descendants. The bias then is especially in favor of descendants(children). This bias leads to accumulation of wealth in a particular lineage(vertical) as opposed to the sharing of a wealth across a generation. Hopefully, a progressive Islamic commonwealth can remedy this in the future.

                    At both places it is a verbal Noun.
                    The beneficiaries are thereafter separately mentioned.

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                    • O Offline
                      O Offline
                      Onur
                      wrote on last edited by
                      #10

                      http//books.google.com/books?id=OUxWN1VBnBEC&printsec=frontcover&dq=david+powers+consonantal+skeleton&hl=en&sa=X&ei=uqSKUfOkEZHNqAGenIHIBw&ved=0CDcQ6AEwAQ#v=onepage&q=david%20powers%20consonantal%20skeleton&f=false

                      Please study this book to get a sense of the big controversy around this word. The issue is not as easy as you think. Page 163-164 explains the difficulties around grammar.

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                      • M Offline
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                        Mazhar
                        wrote on last edited by
                        #11

                        http//books.google.com/books?id=OUxWN1VBnBEC&printsec=frontcover&dq=david+powers+consonantal+skeleton&hl=en&sa=X&ei=uqSKUfOkEZHNqAGenIHIBw&ved=0CDcQ6AEwAQ#v=onepage&q=david%20powers%20consonantal%20skeleton&f=false

                        Please study this book to get a sense of the big controversy around this word. The issue is not as easy as you think. Page 163-164 explains the difficulties around grammar.

                        The nonsense of his thoughts might be gauged from the fact that he says that this word Kalala had not existed in Arabic.

                        The word is used by Arabs seeking a jurisprudential ruling.

                        They seek from you the Messenger your personal jurisprudential ruling.
                        You tell them; "Not me but Allah the Exalted gives you the legal ruling in the situation regards a person deceased being all himself-singular parent inherited by a singular Parent-Mother or Father.

                        Why they sought ruling in this particular situation? This was the only point that was not covered in earlier injunctions on inheritance.

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                        • O Offline
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                          Onur
                          wrote on last edited by
                          #12

                          I don't agree with all his views either but the controversy is real. His claim is that the word in the Quran was originally kalla- meaning wife and daughter-in-law in Semitic languages- and then changed to kalala, a previously unknown word, in order to disinherit Zaynab, the prophet's former daughter-in-law and later wife. 4176 was inserted to the Quran to do this, he argues. He claims to present evidence from an early copy of the Quran.
                          The word and its peculiar usage in 412 and 4176, especially the accusative use in 412, are particularly noteworthy. The word kalla, in his opinion, fits the accusative use better.
                          To meet his challange, the best strategy is to consult the etymology of the word- k-l-l- and the usage of the same root in 1676. It is, in my view, a multi-meaning word(in accordance with 37) which opens interesting possibilities. It is, I believe, associated with dependency( as in 1676) To me, the connection between the concepts of dependence and inheritance is obvious.
                          As a general principle, I'd caution you against hasty and passionate judgments in scholarly research- you seem to dismiss as nonsense whatever you don't immediately like.

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                          • M Offline
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                            Mazhar
                            wrote on last edited by
                            #13

                            I don't agree with all his views either but the controversy is real. His claim is that the word in the Quran was originally kalla- meaning wife and daughter-in-law in Semitic languages- and then changed to kalala, a previously unknown word, in order to disinherit Zaynab, the prophet's former daughter-in-law and later wife. 4176 was a later addition, he argues. He claims to present evidence from an early copy of the Quran.
                            The word and its peculiar usage in 412 and 4176, especially the accusative use in 412, are particularly noteworthy. The word kalla, in his opinion, fits the accusative use better.
                            To meet his challange, the best strategy is to consult the etymology of the word- k-l-l- and the usage of the same root in 1676. It is, in my view, a multi-meaning word(in accordance with 37) which opens interesting possibilities. It is, I believe, associated with dependency( as in 1676) To me, the connection between the concepts of dependence and inheritance is obvious.
                            As a general principle, I'd caution you against hasty and passionate judgments in scholarly research- you seem to dismiss as nonsense whatever you don't immediately like.

                            I remember that his "scholarly" investigation were attended and responded. Please just google by his book name.

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                              Noon_waalqalami
                              wrote on last edited by
                              #14

                              Peace,

                              Interesting thread needs closer examination and yes there is definable confusion.

                              http//www.answering-islam.org/Responses/Menj/bravo_r2b.htm

                              Kalalah - S. 412

                              Ibn Kathir notes

                              The Meaning of Kalalah

                              Allah said ...

                              <If the man or woman whose inheritance is in question was left in Kalalah.>

                              Kalalah is a derivative of Iklil; the crown that surrounds the head. The meaning of Kalalah in this Ayah is that the person's heirs come from other than the first degree of relative. Ash-Sha'bi reported that when Abu Bakr Siddiq was asked about the meaning of Kalalah, he said, "I will say MY OWN OPINION ABOUT IT, and IF IT IS CORRECT, then this correctness is from Allah. However, if my opinion IS WRONG, it will be my error and because of the evil efforts of Shaytan, and Allah and His Messenger have nothing to do with it. Kalalah refers to the man who has neither descendants nor ascendants." When ?Umar became the Khalifah, he said, "I HESITATE TO CONTRADICT AN OPINION OF ABU BAKR." This was recorded by Ibn Jarir and others.

                              In his Tafsir, Ibn Abi Hatim recorded that Ibn ?Abbas said, "I was among the last persons to see ?Umar bin Al-Khattab, and he said to me, ?What you said was the correct opinion.? I asked, ?What did I say?? He said, ?That Kalalah refers to the person who has no child or parents.?" This is also the opinion of ?Ali bin Abi Talib, Ibn Ma'sud, Ibn ?Abbas, Zayd bin Thabit, Ash-Sha'bi, An-Nakha'I, Al-Hasan Al-Basri, Qatadah, Jabir bin Zayd and Al-Hakam. This is also the view of the people of AL-Madinah, Kufah, Basrah, the Seven Fuqaha, the Four Imams and the majority of scholars of the past and present, causing some scholars to declare that there is a consensus on this opinion. (Tafsir Ibn Kathir (Abridged), Volume 2, Parts 3, 4, & 5 (Surat Al-Baqarah, Verse 253, to Surat An-Nisa, Verse 147), abridged by a group of scholars under the supervision of Shaykh Safiur-Rahman Al-Mubarakpuri , pp. 395-396; bold and capital emphasis mine)

                              Here, the meaning of Kalalah is determined by the consensus view of men who were not completely certain about its precise meaning!

                              Ibn Warraq notes

                              The last five or so lines of Sura IV.12 have been the source of much controversy among Muslim commentators. Tabari devotes seven pages to these few lines. As David Powers tells us "Almost every word in the opening line of this verse is subject to dispute, and there may be as many as four or five different opinions, espoused by an even greater number of authorities, for every point in question." Powers shows that precise meaning of kalala also remains a subject of controversy, with Tabari citing twenty-seven separate definitions by various authorities. It is not clear if this word kalala refers to the deceased himself (al-mawruth) or to the heirs of the deceased (al-waratha). (Warraq, "Introduction", What the Koran Really Says, Language, Text & Commentary , p. 47)

                              This book is based on "conspiracy theory" and conjecture by the author.

                              http//rorotoko.com/interview/20090904_powers_david_muhammad_not_father_any_your_men_making_last_prophet/?page=2

                              "...In Q. 412, we find the phrase kalala aw imra?a. There is a striking similarity between the Akkadian and Arabic phrases Akkadian martu and Arabic imra?a are derived from the same root, have the same morphology, and have a similar meaning (?daughter,? ?woman?). Similarly, Akkadian kallatu and Arabic kalala are derived from the same root. But they have a different morphology and a different meaning. Akkadian kallatu signifies daughter-in-law; Arabic kalala signifies collateral relatives. Be that as it may, I now asked myself Is it possible that the Akkadian phrase passed into Arabic and resurfaced 2,000 years later, in a slightly modified form, in the Qur?an? ...

                              Based upon the linguistic evidence from Nuzi and my analysis of folio 10b, I maintain that the early Muslim community changed the spelling of one word in Q. 412 kalala was originally kalla.

                              At first sight, this argument is improbable, as the word kalla does not exist in the Arabic language. All is not lost, however. In every Semitic language except for Arabic, one finds an equivalent of our hypothetical *kalla, i.e., kallatu, kallah, kallta. In each instance, the noun functions as a kinship term that signifies a daughter-in-law. If one reads *kalla (?daughter-in-law?) instead of kalala(?collaterals?) in Q. 412, then the original meaning of the verse would have been, ?If a man designates a daughter-in-law (kalla) or wife as heir and he has a brother or sister, each one of them is entitled to one-sixth.?

                              The addition of a single letter (a second lam) transformed the meaning of the verse, which ? not without difficulty ? came to be understood as signifying, ?If a man is inherited by collaterals (kalalatan) or a woman , and he has a brother or sister, each one of them is entitled to one-sixth? (words within brackets indicate glosses). The semantic change is significant. What force on earth might have motivated the first Muslims to revise the text of the Qur?an? It was my effort to answer this question that led me to the theological doctrine of the finality of prophecy..."

                              This book by Agostino Cilardo seems to be slightly better a study ...

                              The Qur'anic Term Kalala Studies in Arabic Language and Poetry, Hadit, Tafsir, and Fiqh Notes on the Origins of Islamic Law (JAIS Monographs EUP) Hardcover ? April 14, 2005

                              http//www.amazon.com/The-Quranic-Term-Kalala-Monographs/dp/074861916X

                              http//en.alukah.net/World_Muslims/0/2885/

                              Agostino Cilardo is a full Professor at the University of Naples ?L?Orientale?.
                              Professore ordinario di ?Storia e istituzioni del mondo musulmano?.
                              Coordinatore del Dottorato di ricerca su ?Asia, Africa e Mediterraneo?
                              Direttore della rivista ?Studi Magrebini?.
                              Universit? degli Studi di Napoli ?L?Orientale?.
                              Dipartimento Asia, Africa e Mediterraneo.
                              P.zza S. Domenico M., 12.
                              80134 Napoli (Italy)

                              We have a fresh opportunity to reflect about the Qur?anic term Kalla, more particularly its role in the legal sphere. At this point Professor Agostino Cilardo is going to speak about his view on the term Kalla in his work, but in other works too.

                              Q First of all, what prompted you to take up Arabic studies?

                              A C I have a long familiarity with the Arab-Islamic world since I began to study the Arabic language in the junior high school and I continued up thereafter. I also studied Islamic religion, history and philosophy in the high school. After that, I enrolled at the ?Orientale? in Naples, where I deepened my knowledge of Islamic culture. In particular, I was fascinated by the study of the Islamic legal thought, so that my first dissertation concerned the formation of the Islamic law.
                              My researches have gone on and are mostly, but not exclusively, devoted to the classic and contemporary family law, the law of inheritance and the travel literature. My second dissertation concerned, in ft, the Egyptian family law.
                              As far as the law of inheritance is concerned, I have a number of publications on this issue. In particular, in two of my books I presented the whole inheritance system of the Imami and Isma?ili schools (1993), and the system of the Hanafi, Maliki, Shafi?i, Hanbali, Zahiri, Zaydi and Ibadi schools (1994).

                              Q You wrote ?The Qur?anic Term Kalla Studies in Arabic Language and Poetry, Hadit, Tafsir, and Fiqh??. I wish to ask you which is the use of Kalla in Poetry?

                              A C One of the problems I fed studying the inheritance law was the interpretation of the term Kalla, present in two Qur?anic verses (Q. 412 and 176) since it takes different meanings depending on the law schools. So I deemed useful to analyze its use in objective non-religious sources other than legal texts. Once quired its original meaning, I could compare it with the use made by jurists of the different law schools. Sometimes Arabic words have an usual sense while they quire a specific meaning in specific context. This is the case. In ft, examining the few verses of poets of the pre-Islamic period and early Islamic era the conclusion was that Kalla refers to all male relatives, except male ascendants and male descendants, that is collaterals. But the usual meaning of Kalla is feebleness.

                              Q There are many schools, for instance the school of Kufa and the school of Basra. What about the difference between them concerning the interpretation of the term Kalla?

                              A C The debate which developed among and inside the law schools moved from the original definition of the term Kalla to its doctrinal implications. The hadith literature is the source which enables us to know the most ancient doctrinal elaboration. Kufa and Medina were the main centres where this debate developed. The interpretation of the term was not unique even in eh school; inside eh school there was an opposition, so that we find a prevalent Iraqi doctrine, but some Kufan and Basran scholars didn?t agree with it. The same was in Medina. In general, they adapted the meaning of Kalla to their own doctrine. The conclusion is that no legal Sunni school kept the Arabic meaning of the term Kalla.

                              Q I wonder where does the term Kalla derive from?

                              A C The etymology of the term Kalla is explained in a different way. Those scholars who believe that Kalla is a feature of the collaterals derive their interpretation from the verb takallala, that is a kinship which surrounds the deceased person, i.e. relatives related to the deceased in the absence of the two utmost parts (descendants and ascendants), i.e. collaterals. On the contrary, those scholars who believe that Kalla means the person with neither descendants nor ascendants derive it from the infinitive of kalla/yakillu, that is a deceased person is feeble if he has died having no direct kinship line.

                              Q What about the definition of Kalla in the Iraqi school?

                              A C A minority Kufan and Basran scholars opposed to the most prevalent definition of the term Kalla in Kufa, but they were superseded. The prevailing definition, followed in the Hanafi school, formally reflects the old pre-Islamic meaning (a person who has died leaving neither walad nor wlid). However, the two terms ?walad? and ?wlid? are differently interpreted with reference to the pre-Islamic period and, I say, with reference to the Arabic language. In Arabic the word ?walad? has an inclusive sense, as male and female descendants, however low. On the contrary, with reference to Qur?an 412, the Hanafi school limits the meaning of the term only to male descendants of any degree, to daughters, and to female descendants of male children of any degree. Then, with reference to Qur?an 4176, the Hanafi school doesn?t include daughters and male descendants? daughters in the concept of ?walad?. Moreover, as far as the term ?wlid? is concerned, the Hanafi school interprets it as ?father? and, by analogy, all male ascendants in the paternal line, however high, respecting the original meaning of the term.

                              Q Is there any work before you about Kalla? After your work, David S. Powers wrote ?Muhammad Is Not the Father of Any of Your Men The Making of the Last Prophet 2009?. I wish to know what you think about.

                              A C I found intriguing to deepen the knowledge of this term because of its juridical implications. David S. Powers, in his article in ?Studia Islamica? (1982), gave a new version of the Qur?anic verses 412 and 176, based on his innovative interpretation of the term Kalla. He continued his researches in this direction in his book ?Studies in Qur?an and hadith?? (1986) and in the work you quoted. The particular meaning given by Powers to the term Kalla substantially changed the inheritance rules followed by Muslims since the beginning till today. In order to establish the ext meaning of such term, I undertook this specific study, considering the issue in its whole. Thus I searched the Arabic sources of every kind mentioning the term in their particular context, beginning from the pre-Islamic period. Preceding the publication of my book on Kalla, I already critically analyzed the doctrine of Powers (1990) and I presented a ?Preliminary notes on the Qur?anic term Kalla? (1996) at the Eighteenth Congress of the Union Europ?enne des Arabisants et Islamisants (Leuven, Belgium). My conclusion is that there is a precise sense of Kalla in the Arabic language, as we can see in Poetry, but jurists adapted it to their own specific doctrines, without, however, disregarding its original meaning.

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                                Mazhar
                                wrote on last edited by
                                #15
                                1. http//www.haqeeqat.org.pk/English%20Tafsir%20e%20Haqeeqat/00.%20Tabweeb/00090.%20a%20Kull%20Kaaf%20Laam%20Laam/12.gif Verbal Noun accusative. It is intriguing that people have been debating about this verbal noun as to its meanings and peculiarities of the person who is in such state-circumstance. This man or woman cannot be he/she who are already mentioned. He is not a person who is bereaved by a single daughter, two daughters or grouped progenies; he is not a person whose parents, both mother and father are alive; and he is not a person whose spouse is bereaved. It refers to that state of a person when the spouse is already dead or divorced and has single parent, either mother or father, surviving at the time of his death. In addition to this peculiar situation, such man may or may not have a surviving son at the time of his death. Here in this Ayah it is evident that this spouseless man or woman does have a surviving son to inherit from the inheritance.

                                2. The aforesaid instructions and Mandatory Allocation of parts of inheritance amongst various beneficiaries by Allah the Exalted cover all the situations that might be the ground realities at the time of death of a Man or a Woman. However, one situation is not covered whereby one will have to resort to other deductive method to infer the apportioned share. The people of the days of revelation fully acknowledged and understood the injunctions about inheritance. They did not have an iota of confusion. This fact is evident because people requested the Elevated Messenger of Allah the Exalted to give them the confirmation-strengthened verdict at his own about the only situation which was not covered in the aforementioned injunctions in Ayah 411 and 412. That situation is regards a person who is bachelor or single without spouse, has a singular alive parent, either Mother or Father, but did not have a son.

                                Grand Qur'aan, disapproving patrilineal inheritance, declared daughter not Son as the central theme of Inheritance.

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                                  Noon_waalqalami
                                  wrote on last edited by
                                  #16
                                  1. http//www.haqeeqat.org.pk/English%20Tafsir%20e%20Haqeeqat/00.%20Tabweeb/00090.%20a%20Kull%20Kaaf%20Laam%20Laam/12.gif Verbal Noun accusative. It is intriguing that people have been debating about this verbal noun as to its meanings and peculiarities of the person who is in such state-circumstance. This man or woman cannot be he/she who are already mentioned. He is not a person who is bereaved by a single daughter, two daughters or grouped progenies; he is not a person whose parents, both mother and father are alive; and he is not a person whose spouse is bereaved. It refers to that state of a person when the spouse is already dead or divorced and has single parent, either mother or father, surviving at the time of his death. In addition to this peculiar situation, such man may or may not have a surviving son at the time of his death. Here in this Ayah it is evident that this spouseless man or woman does have a surviving son to inherit from the inheritance.

                                  Peace Mazhar,

                                  Need more concise proof, anyone can state al-kalalati means ?daughter in law? or fatherless illegitimate child, child born out of wedlock, mother known since she gave birth and uterine siblings, etc., or most anything challenge others to disprove them?

                                  We don't have to go into math with impossible distributions.

                                  Agostino Cilardo seemed to have used a sensible approach.

                                  http//www.amazon.com/The-Quranic-Term-Kalala-Monograph/dp/074861916X

                                  http//oi61.tinypic.com/23w4mdt.jpg

                                  An Anonymous Poet proclaimed
                                  Surely, a father protects more wrathfully his offspring, while a patron of collaterals does not get angry.

                                  and patron al-kalalati not gets angry

                                  It can be reasoned from the above poem that al-kalalati i.e. while alive is fatherless.

                                  7128 ? the earth to god yrithuh/inherits it from/whom he wills

                                  412 ? and if be man yrathu/inherits kalalatan or woman and to him brother or sister so to each one from them dual the sixth?

                                  4176 they seek ruling your say the god gives ruling you in/concerning al-kalalati if person perished not for him offspring and for him sister so for her half what left and he yarithuh/heir hers if not that be for her offspring?

                                  The question kalalatan in 412 does it pertain to a living heir or departed?
                                  If deceased which verse to apply give 1 sister = 1/6 in 412 or 1/2 per 4176?

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                                    Mazhar
                                    wrote on last edited by
                                    #17

                                    Peace Mazhar,

                                    Need more concise proof, anyone can state al-kalalati means ?daughter in law? or fatherless illegitimate child, child born out of wedlock, mother known since she gave birth and uterine siblings, etc., or most anything challenge others to disprove them?

                                    Salamun alaika,

                                    Stupids and mentally retarded apart, no one does that. The subject is Inheritance. It will revolve around the person who died and the state obtaining at that point in time regarding his heirs. If someone misses not the point that the disputed word is a Verbal Noun that denotes a state of a particular person since it is definite. The examples mentioned by you are common nouns.

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                                      Mazhar
                                      wrote on last edited by
                                      #18

                                      Dear Noon,

                                      The conceptual meanings of a word of a language can be studied by what features it possesses, and also be implication negative; by what features it does not possess.

                                      Please in the text of Grand Qur'aan as to what features this word has and contrast by features it does not have. Meanings will become apparent.

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                                        Noon_waalqalami
                                        wrote on last edited by
                                        #19

                                        It will revolve around the person who died and the state obtaining at that point in time regarding his heirs.

                                        Peace Mazhar,

                                        Please explain with reference to poem and can it not also pertain to living heir of the deceased/patron?

                                        An Anonymous Poet proclaimed
                                        Surely, a father protects more wrathfully his offspring, while a patron of collaterals does not get angry.

                                        and patron al-kalalati not gets angry

                                        Here is another example ...

                                        I did not inherit ancestral glory as a collateral (kalala),
                                        and the time has not come for me to yield to a successor.

                                        http//oi60.tinypic.com/ekq6u1.jpg

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                                          Mazhar
                                          wrote on last edited by
                                          #20

                                          He has erred in understanding and translating the line. Yourself determine the role of Kalala in that sentence to realize he erred.

                                          Better to pay attention that I advised you to see the features given about Kalala in Qur'aa.

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