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  4. Inheritance according to Qur?an

Inheritance according to Qur?an

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  • Emre_1974trE Offline
    Emre_1974trE Offline
    Emre_1974tr
    wrote on last edited by
    #1021

    And now, let's present the English translation of my Turkish article by the artificial intelligence, Gemini 2.5 Pro

    The Solution to the Verses of Inheritance

    Each of the verses of inheritance, An-Nisa 11, 12, and 176, actually presents separate formulas for distinct situations. In fact, every sentence within these verses also describes a separate situation and formula...

    While researching on the internet, I saw that some people have noticed and stated that these three verses provide separate formulas. However, as I mentioned, it's not just the verses; every sentence within the verses also speaks of a different situation and distribution. Each sentence provides a distinct list of heirs and the shares they are to receive.

    Whoever is mentioned in a sentence are the only heirs. This means either they are the only ones alive, or even if others exist, they are the only ones entitled to inherit in that specific situation.

    Therefore, there are actually no opposing ratios, common formulas, or concepts like 'awliyah (pro-rata reduction) as applied by the schools of Islamic jurisprudence. For example, the statement in An-Nisa 11, "If there are more than two women, for them is two-thirds of what he leaves," is a standalone formula. This ratio is valid only if the heirs are exclusively daughters and there are more than two of them; it does not apply under other conditions or circumstances.

    And with this understanding, everything falls into place. The inheritance is always sufficient. Only in some cases is there a surplus of inheritance, but even then, the verses provide guidance on who should receive this surplus amount (for instance, An-Nisa, verse 8...).

    Now, let's write down the verses that describe this inheritance distribution—An-Nisa 11, 12, and 176—and then provide an example analysis of one of them.

    An-Nisa

    1. Allah instructs you concerning your children for the male, a share equal to that of two females. If there are more than two women, for them is two-thirds of what he leaves. If there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents are his heirs, then for his mother is one-third. And if he had brothers, for his mother is a sixth—after any bequest he may have made or debt. You do not know which of them, your parents or your children, is nearer to you in benefit. This is an ordinance from Allah. Indeed, Allah is ever Knowing and Wise.

    2. And for you is half of what your wives leave if they have no child. But if they have a child, for you is a fourth of what they leave after any bequest they may have made or debt. And for them is a fourth of what you leave if you have no child. But if you have a child, for them is an eighth of what you leave after any bequest you may have made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than that, they share in a third after any bequest which was made or debt, so that no harm is caused. This is an instruction from Allah. And Allah is Knowing and Forbearing.

    3. They request from you a ruling. Say, "Allah gives you a ruling concerning the one who has neither ascendants nor descendants. If a man dies, leaving no child but a sister, she will have half of his estate. And he inherits from her if she has no child. But if there are two sisters, they will have two-thirds of the estate. And if there are brothers and sisters, a male will have the share of two females." Allah makes clear to you, lest you go astray. And Allah is Knowing of all things.

    As an example, let's break down the information given in verse 11.

    I mentioned that each of these verses, and even each sentence within them, presents separate formulas for different situations. Let's analyze it

    An-Nisa

    1. "Allah instructs you concerning your children for the male, a share equal to that of two females."

    This means if the heirs consist only of children, and there are both male and female children, the male children will receive 2 units while the female children will receive 1 unit.

    For a brief example, if there is an inheritance of 300 Lira and there is one male and one female child, the male will receive 200 Lira while the female will receive 100 Lira.

    “If there are more than two women, for them is two-thirds of what he leaves.”

    This means if the only heirs are daughters, and their number is more than two, they are entitled to two-thirds of the inheritance. I want to draw your attention again to the fact that the daughters receiving two-thirds is valid only and exclusively in this situation. This share is not applicable under any other conditions.
    (By the way, considering the expression in verse 176, if the heirs are 2 daughters, these 2 also share the two-thirds).

    Continuing with the 300 Lira example, if there are only daughters and their number is more than two, they would share 200 Lira among themselves.

    “If there is only one, for her is half.”

    As stated in this continuing sentence of the verse, if the deceased leaves behind only one daughter (or if she is the only one in the position of an heir even if others are alive), she is entitled to half of the inheritance.

    Again, using the 300 Lira example, 150 Lira would belong to this single daughter.

    “And for one's parents, to each one of them is a sixth of his estate if he left children.”

    From this expression, we understand that this time the deceased has left behind parents in addition to children, and therefore there is a share for them as well (one-sixth for each).

    Out of 300 Lira, 50 Lira goes to the mother, 50 Lira to the father, and the remainder belongs to the children.

    “But if he had no children and the parents are his heirs, then for his mother is one-third.”

    This sentence within An-Nisa 11 refers to the situation where "only the mother and father are the heirs." This time there are no children, and only the parents of the deceased are the heirs (even if there are siblings left behind, they are not in the position of heirs).

    In this case, the mother receives one-third. Since the father is mentioned in the sentence but his share is not specified, it means the remainder, which is two-thirds, belongs to the father.

    In this situation, the mother would receive 100 Lira of the 300 Lira, while the father would receive 200 Lira.

    “And if he had brothers, for his mother is a sixth—after any bequest he may have made or debt.”

    If the deceased has a mother but no father, and also has siblings, the mother's share is reduced to one-sixth. The remainder is shared by the siblings. But let's repeat, if the father were also alive, only the mother and father would take the estate, and the siblings would not receive a share... (And as understood from the verses, if the deceased has children, the siblings again do not receive a share).

    Similarly, verses 12 and 176 also mention specific situations and formulas sentence by sentence. For example, verse 12 describes the division if the deceased leaves a spouse, while verse 176 explains how the division should be if only siblings are left behind. And as I said, each sentence within these verses contains its own list of heirs and a formula.

    If you wish, let's briefly examine An-Nisa verse 176 in this context

    1. They request from you a ruling. Say, "Allah gives you a ruling concerning the one who has neither ascendants nor descendants. If a man dies, leaving no child but a sister, she will have half of his estate. And he inherits from her if she has no child. But if there are two sisters, they will have two-thirds of the estate. And if there are brothers and sisters, a male will have the share of two females." Allah makes clear to you, lest you go astray. And Allah is Knowing of all things.

    Here too, it is explained what the ratios are "if only siblings are heirs," and of course, again, each sentence presents a separate list and a separate formula

    If the heir is only 1 sister, she gets half (1/2) of the inheritance.

    If the heir is 1 brother, he gets all of the inheritance.

    If 2 sisters are the heirs, they receive two-thirds (2/3).

    If the heirs are only siblings, and they are of both genders (male and female), they share the entire estate in a two-to-one (male-to-female) ratio.

    From these verses, we can also indirectly understand that if only many brothers are left, they will take the entire inheritance, or if there are only more than two sisters, these sisters will take two-thirds of the inheritance (sharing it equally among themselves), taking a cue from verse 11.

    In fact, if you read An-Nisa verses 11 and 176 one after the other, you will see that the ratios given to male and female children when only children are heirs in verse 11 are identical to the ratios given to male and female siblings when only siblings are heirs in verse 176.

    (It is worth mentioning here; in one sentence of An-Nisa verse 12, the spouse of the deceased is also an heir along with the mentioned siblings. But in verse 176, "only the siblings" are the heirs.)

    In summary Verse 11 describes the division when there is no spouse, verse 12 when there is a spouse, and verse 176 when the deceased has only siblings...

    And as is known, according to the verses, the will (wasiyyah) is paramount, and these ratios are for the division of the remaining property after the will has been executed and any debts have been paid.

    As you can see, there are actually no problems like the inheritance being insufficient or the need for 'awliyah. The verses explain the distribution of inheritance flawlessly. The crucial point here is to see that each sentence gives a separate formula according to a separate list of heirs. That is, each sentence within the verses provides a unique list of heirs and explains what they will receive in that specific situation.

    When solving problems related to inheritance distribution, one should look at who the remaining heirs are and determine which sentence in the inheritance verses corresponds to that scenario to divide the inheritance accordingly.

    As an example, let's solve that famous problem involving three daughters.

    "A man dies and leaves behind a mother, a father, three daughters, and a wife. How will the inheritance be divided?"

    Here, since both the spouse and children are heirs, the fourth sentence of An-Nisa verse 12 describes the relevant division (in fact, every sentence in this verse explains what to do if there is a surviving spouse)

    "But if you have a child, for them is an eighth of what you leave after any bequest you may have made or debt."

    According to this sentence, if the man leaves behind his wife and also has children, only these individuals can be heirs. The wife receives one-eighth (1/ of the estate, and the remaining seven-eighths (7/ goes to the children. Even if the deceased has a mother, father, or siblings, they do not receive a share in this case.

    As I've said, every sentence provides a separate list of heirs and a formula, and as you can see, the inheritance is always sufficient.

    Only in some cases is there a surplus of inheritance, and as I mentioned at the beginning of my text, there are verses that contain signs indicating to whom this surplus inheritance can be given... For example

    An-Nisa 8 And when the division is attended by relatives, orphans, and the needy, give them something out of it and speak to them words of kindness.

    Greetings and regards

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