Inhertiance 4:176 Quran only
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Salaam,
If the Quran is to be the only source of religion, then surely it should be clear in all matters? But what we find in 4176 is that there is some inherhitance left over, and the Quran doesn't specify what to do with this inheritance
They request from you a ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants ." If a man dies, leaving no child but a sister, she will have half (1) of what he left. And he inherits from her if she has no child. But if there are two sisters, they will have two-thirds (2) of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you , lest you go astray. And Allah is Knowing of all things}
Now as per my # references (1) and (2), what is to be done with the 1/2 after the sister gets her share and the 1/3 after the 2 sisters get their share? Now remember, the answer, according to a Quran only intepratation, must come from the Quran alone and not any other book, not even other Ayat that do not relate to this particular ruling nor your 'understanding' or anyone elses. Is this possible?
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Daughter not Son is the central theme of Inheritance.
It is incumbent upon death expecting wealthy person to bequeath for the Mother and Father; and nearer relatives.
- Governing Rules and Regulations about Inheritance. The division of Inheritance is based upon
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Salaam,
If the Quran is to be the only source of religion, then surely it should be clear in all matters? But what we find in 4176 is that there is some inherhitance left over, and the Quran doesn't specify what to do with this inheritance
They request from you a ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants ." If a man dies, leaving no child but a sister, she will have half (1) of what he left. And he inherits from her if she has no child. But if there are two sisters, they will have two-thirds (2) of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you , lest you go astray. And Allah is Knowing of all things}
Now as per my # references (1) and (2), what is to be done with the 1/2 after the sister gets her share and the 1/3 after the 2 sisters get their share? Now remember, the answer, according to a Quran only intepratation, must come from the Quran alone and not any other book, not even other Ayat that do not relate to this particular ruling nor your 'understanding' or anyone elses. Is this possible?
Salamun Alaikum.
It is my humble understanding that whenever the is a residual share of wealth from an inheritence allotment after the Qur'anic mandates are met, it should be dealt with in accordance with 48-9.
48 And when the kinfolks, the orphans and the poor appear during the allotment ? then provide for them with it and speak to them - duly fair statements.
49 And let those be scared who (only) if they leave behind weak offspring they would fear about them. So let them be conscious of Allah and let them speak (with) justified statements.
(My personal translation, cross checking is recommended.)
In the presence of rightful heirs the kinfolks, the orphans and the poor have no "justified" claim - they are entitled to a share only if there is a residual after providing for all mandated shares of direct heirs.
So, in light of this the residual share of wealth of a "Kalalah" person (if any) - should go to the orphan and poor with priority given to poor orphans within his relatives.
May Allah guide us all to the straight route.
Regards,
Arman -
Peace
Now as per my # references (1) and (2), what is to be done with the 1/2 after the sister gets her share and the 1/3 after the 2 sisters get their share? Now remember, the answer, according to a Quran only intepratation, must come from the Quran alone and not any other book, not even other Ayat that do not relate to this particular ruling nor your 'understanding' or anyone elses. Is this possible
47 to the menfolk share from what left the parents and the close relatives and for the womenfolk share from what left the parents and the close relatives from what small from it or large share of obligatory
It is my humble understanding that whenever the is a residual share of wealth from an inheritence allotment after the Qur'anic mandates are met, it should be dealt with in accordance with 48-9.
48 and when comes the division ...
There is no residual or over-subscription which above is applicable in general and a reminder to mindful of the poor, etc. (their choice). Likewise to share/divide requires at least two named heirs/entities otherwise no need for inheritance laws hence a sole heir gets the whole amount there is none to contest.
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Salam Noon.
This is of course another "acceptable" way to look at it. However you are taking an assumption "If there are no heirs, no need for distribution - 100% wealth goes to the single heir". I could not find support of this assumption in Qur'an. Making spouse / siblings 100% claiment by default (in absence of other heirs) may have its own issues - I am not sure Qur'an mandates it.
Furthermore, let's say an orphan (no parents and siblings) decides to remain unmarried. What do you do with his wealth if he doesn't leave a will? No matter how well you define it there can always be cases like this and 48-9 seems to be the fall back option.
For these 2 reasons I prefer to stick to my earlier conclusion. You can ofcourse have your own view.
Best regards,
Arman -
Peace Arman,
...100% wealth goes to the single heir". I could not find support of this assumption in Qur'an. Making spouse / siblings 100% claiment by default (in absence of other heirs) may have its own issues - I am not sure Qur'an mandates it.
Yes 100% goes to a sole heir child, spouse, sister, brother, mother, father.
I'm sure you do not agree with Communist Manifesto abolition of inheritance.47 to the menfolk share from what left the parents and the close relatives and for the womenfolk share from what left the parents and the close relatives from what small from it or large share of obligatory
Furthermore, let's say an orphan (no parents and siblings) decides to remain unmarried. What do you do with his wealth if he doesn't leave a will? No matter how well you define it there can always be cases like this and 48-9 seems to be the fall back option.
If unmarried/divorced no heirs/will then he/she is not present to give away anything.
Again ? general to all heirs a reminder to consider the poor, etc. not only to sole heir.48 and when comes the division possessors the relatives/near and the bereaved and the needy so provide ye them from it and speak ye of to them speech of rightful
Kind regards,
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This is of course another "acceptable" way to look at it. However you are taking an assumption "If there are no heirs, no need for distribution - 100% wealth goes to the single heir". I could not find support of this assumption in Qur'an.
http//www.haqeeqat.org.pk/English%20Tafsir%20e%20Haqeeqat/00.Arabic%20Text/004.%20An%20Nisa/temp%2014%20%204.033c.gif
Know it that We have declared relatives and under patronage persons, in order of relative nearness, for every deceased man and woman benefiting partially in that which the Mother and Father, and relatively Nearer Relatives have left behind.This is a promulgation. Allah the Exalted has made it public that plural-more than two are the beneficiaries appointed for all deceased to benefit in the inheritance. http//www.haqeeqat.org.pk/English%20Tafsir%20e%20Haqeeqat/00.%20Tabweeb/00090.%20a%20Kull%20Kaaf%20Laam%20Laam/6.gif is a Prepositional Phrase relating to the following Verb. It is always used in construct-possessive phrase. When used elliptically-extremely concise in writing, it always has the "nunation of compensation" as is the case here. The discourse and the sentence is about allocation of Inheritance, thereby, it manifest that "nunation of compensation" is for the deceased. The object of verb http//www.haqeeqat.org.pk/English%20Tafsir%20e%20Haqeeqat/00.Tabweeb%20Part%202/001.%20Roots%20originating%20in%20Surat%20002/2.064/45.gif suffices for indicating that it relates to all deceased and it being plural the beneficiaries are three and more in every case.
Governing Rules and Regulations about Inheritance.
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Salamun Alaikum
433 And for all (likulli) We assigned successors (mawalia) of what is left by the parents and the near ones and whom pledged your right hands. So, give them their shares. Indeed Allah happens to be Witness over everything.
(My personal translation, cross checking is recommended.)
If I am understanding brother Mazhar's highly technical post he is saying the above verse implies.. for every deceased person Allah has assigned specific heirs. My understanding is slightly different. I am reading.. for everyone's benefit Allah has assigned certain heirs to what is left by parents, family members and spouses.
Brother Mazhar's reading implies that there will never be an unmarried orphan siblingless person or such a case is beyond the scope of this statement. I find this understanding problematic.
But of course it is up to everyone to seek and understand the "best" meaning from the scripture.
May Allah guide us all to the straigh route.
Regards,
Arman -
Salamun Alaikum
If I am understanding brother Mazhar's highly technical post he is saying the above verse implies.. for every deceased person Allah has assigned specific heirs. My understanding is slightly different. I am reading.. for everyone's benefit Allah has assigned certain heirs to what is left by parents, family members and spouses.
Brother Mazhar's reading implies that there will never be an unmarried orphan siblingless person or such a case is beyond the scope of this statement. I find this understanding problematic.
But of course it is up to everyone to seek and understand the "best" meaning from the scripture.
May Allah guide us all to the straigh route.
Regards,
ArmanLeKullin It is with respect to every deceased person. Heirs are only for a deceased.
