Quran inheritance mistake
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Peace mmouhammad,
Many issues with that first of which the verse says exactly concerning the Children...
411 God directs you in your CHILDREN, to the male equal share the two females,
so if they are women (daughters) over two, so for them two thirds what he left,
and if she was one, so for her the half?Then it really gets messy if including siblings; e.g. case
mother, father, daughter, son, sister, brother
1/6 + 1/6 + 1/2 + son? + sister? + brother? = 1
Salam Eid A.
According to verse 412 and 4176 siblings will get only under ?Kelala? condition . Hence for this case brother and sister will not inherit anything . Therefore
Mother = 1/6 , Father = 1/6 , Daughter + Son = 1-(1/6+1/6) = 2/3 .Now Daughter = ?*2/3 = 1/3 = Son
Or simply try case brother, father {two unknowns)
Have to go...
Peace
In presence of father , the case is not ?Kelala? , hence brother will be curtailed fully .
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Peace Eid,
A1) Mother gets 1/3 ? verse 411 to his parents each is 1/6 if he has children, and if the deceased has no children and being inherited by his parents then to his mother is 1/3, but if he has siblings then to his mother is 1/6.
Mother always inherits under verse 411" "as you can see " " is not same as " "
A2) Sister gets 1/2 the remainder ? verse 411 and if she was one to her is 1/2
? A) 1- Mother 1/3 = Balance 2/3 ? Sister 1/3 = remainder 1/3 will be distributed to the near and relatives as known "".
Sister got 1/3 similar to Kalalah verse 4176Please discard my following part of response .
Salam Mm.
411 => . if he has siblings (brothr/sister) then to his mother is one sixth.
Then how can you give mother 1/3 ?
In 411 the term 'Ikhwattun' can't refer to Sister alone . It must be brother or brother+sister(s) . Therefore the only option left to distrubute share of a mother and sister is verse 4176 under 'Kelala' condition .
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......
Therefore Sister = 1/2 amd mother =1/2.
Moreover this 'arithmatic-lingustic' representation of the case also negates the traditional understanding of excluding mother in 'Kelala'...
Thanks.
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Salam Eid A.
According to verse 412 and 4176 siblings will get only under ?Kelala? condition . Hence for this case brother and sister will not inherit anything . Therefore
Mother = 1/6 , Father = 1/6 , Daughter + Son = 1-(1/6+1/6) = 2/3 .Now Daughter = ?*2/3 = 1/3 = Son
In presence of father , the case is not ?Kelala? , hence brother will be curtailed fully .
Please discard my following part of response .
In 411 the term 'Ikhwattun' can't refer to Sister alone . It must be brother or brother+sister(s) . Therefore the only option left to distrubute share of a mother and sister is verse 4176 under 'Kelala' condition .
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......
Therefore Sister = 1/2 amd mother =1/2.
Moreover this 'arithmatic-lingustic' representation of the case also negates the traditional understanding of excluding mother in 'Kelala'...
Thanks.
Peace Union -- agree with what you posted above which is inline with my understanding and the mathematics...
Continuing...
Spouse-less and Fatherless {Kalala} first with Child
412...and if was a man to be inherited kalalatan or a woman, and for him a brother, or a sister, so for each one from them the sixth, so if they were more than that, so they are partners in the third
According to traditions, the word Kalala was never really understood; Ibn Kathir wrote ?If a man or a woman was left in Kalalah? derivative of Iklil or ?crown that surrounds the head? and was conjectured as having neither ascendants nor descendants or no direct heir leading to contradiction.
Here are a few narrations on the topic
Sahih Muslim Book #011, Hadith #3937
Abu Talha reported 'Umar b. al-Khattab (Allah be pleased with him) delivered a sermon on Friday and made a mention of Allah's Apostle (may peace be upon him) and he also made a mention of Abu Bakr (Allah be pleased with him) and then said I do not leave behind me any problem more difficult than that of Kalala. I did not refer to Allah's Messenger (may peace be upon him) more repeatedly than in case of the problem of Kalala, and he (the Holy Prophet) never showed more annoyance to me than in regard to this problem, so much so that he struck my chest with his fingers and said 'Umar, does the verse revealed in summer season, at the end of Sura al-Nisa' not suffice you? Hadrat 'Umar (then) said If I live I would give such verdict about (Kalala) that everyone would be able to decide whether he reads the Qur'an or he does not.It was also conjectured that a sister of a childless man inherits half of his property and the brother of a childless woman inherits all of her property and also assumed there was no other inheritors which the question arises what amount to give an only sister -- 1/6 in 412 or the 1/2 in 4176?
The workaround was that 412 refers to uterine siblings or half sisters and brothers having the same mother but a different father which also leads to contradictions.
sister, wife
1 ? 1/4 wife ? 1/6 sister = 7/12 (amount left unallocated)Another situation was when total distribution is greater than the whole which the fix was to use algebra to proportionately decrease/increase each amount by a common denominator called al-awl.
husband, mother, 3 uterine brothers, 2 full brothers
1/2 husband + 1/6 mother + 1/3 uterine brothers (412) = 0 full brothers (4176)The above was a supposed case during the caliphate of Umar ibn al-Khattab who ruled the 2 full brothers got nothing since there was nothing remaining to share. The full brothers argued and Umar reconsidered his ruling allowed the full brothers to inherit equally with the uterine brothers in the shares which was not according to Qur'an.
In the presence of a father or spouse, siblings get nothing; they are not even mentioned until Kalala and inherit only when the deceased is Kalala while the mother?s share is specified when there are brethren Ikhwatun (411) requires the presence of a male same as with rijalan for example; thus siblings and mother can obviously be inheritors together.
Also important to note on Kalala
4176 ...if human died, not for him a ChildIllogical to state IF CHILDLESS not for him a CHILD. unless exists Kalala with Child!
Continuing...
Kalala - no spouse and no father (a widower for example) with Child
son, daughter, brother, sister
411 God directs you in your CHILDREN, to the male equal share the two females,
so if they are women (daughters) over two, so for them two thirds what he left,
and if she was one, so for her the half?Kalala with Child use...
412...and if was a man to be inherited Kallatan or a woman, and for him a brother, or a sister, so for each one from them the sixth, so if they were more than that, so they are partners in the third
1 - 1/3 siblings = 2/3 children (1/2*2/3 = 1/3 daughter, 1/3 son)
http//www.mathcracker.com/piechartimage.php?data=1,%201,%202,%202&cat=sister,%20brother,%20daughter,%20son
1 sibling, children
1 ? 1/6 sibling = 5/6 children (distributed according to 411)2+ siblings, mother, children
1 ? 1/6 mother ? 1/3 siblings = 1/2 children (again use ratio diagram to distribute per 411)Finally, the case deceased was Kalala NO CHILD
4176
They ask your clarification, say "God decrees in alkalalati, if (a) 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.mother, 2 sisters, brother {Kalala NO CHILD use 4176}
1/6 mother = 5/6 siblings (i.e. to the male equal share the two females)http//www.mathcracker.com/piechartimage.php?data=3,%205,%205,%2010&cat=mother,%20sister%201,%20sister%202,%20brother
mother, father, sister, brother {not Kalala, use 411 parents only inheritors}
...so if was not for him a child, and his parents inherited him, so to his mother the 1/31 - 1/3 mother = 2/3 father {siblings get nothing}
http//www.mathcracker.com/piechartimage.php?data=1,%202&cat=mother,%20father
1+ brothers, mother (411...mother 1/6)
1 ? 1/6 mother = 5/6 brothersIf no father and no brethren/Ikhwatun, the mother?s share is variable.
sister, mother
1 ? 1/2 sister = 1/2 mother2+ sisters (i.e. presence of two), mother
1 ? 2/3 sisters = 1/3 mother2+ siblings mixed, mother (411...mother 1/6)
1 ? 1/6 mother = 5/6 siblingsThe above is to my understanding without contradictions and as with any topic is an exercise in logic teaching how to read Qur'an, cross-reference, etc., if it contradicts then it's our understanding at error and if you disagree with the distributions, write a will as God commands and God knows best.
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Salaam Eid, all,
Salaam nwryn or Nooreen (nicer... lol)
D
Yes, thanks for correcting I take back my earlier predisposition; that was not Quran.
OK. Any ideas why the one daughter bit begins with "wa" and not "fa"? A similar thing happens in 4176 ... perhaps this just means that the ELSE IF applies to both the statement before the wa and the statement after it.
Yes applies to one brother not sister
Ah ... so "he inherits her" in 4176 means he inherits the remainder (unknown amount)? And the sisters' (with no brothers) shares are specified because mother's share, in absence of children and father and brothers, is not specified in 411. This is making perfect sense.
But ... what if there are no children and no father and no brothers but a mother and 3 sisters (and maybe a spouse)? What is the sisters' share if there are more than two?
Also, can a brother inherit from a male kalaalah with no child? Can a sister inherit from a female kalaalah with no child (I assume yes, because the masculine gender is used in e.g. 411 even if the deceased is female)?Is ikhwatun plural? Is waladun singular?
OK point was cannot have inherit father together with siblings?
husband, mother, siblings, father {two unknowns}
1 ? (1/2 husband + 1/6 mother + siblings?) = father?
brother, father {two unknowns}; with presence of father siblings get nothing.
Therefore, siblings only inherit distributions stated in case of Kalala 412 (child) and 4176 (no child).
You're right.
Yes seems right; next verse encourages to remember the relations or more distant and the destitute in society.
47
To the men a share from what the parents and the nearest related left, and to the women a share from what the parents and the nearest related left, from what lessened from it or increased, a share specified.48
And if of the relations, and the orphans, and the poor/oppressed attended the apportionment, so provide for them from it, and speak to them words of kindness.Right, so 2180 instructs us to include parents, children, spouse and siblings(?) in the will.
42,3,6,10
What is the meaning of "yataamaa"? Children of the deceased, i.e. people who have at least one deceased parent and will therefore inherit? And who are the yataamaa in 48?4176
"and if they are siblings men and women so to the male alike fortune the two females"
I was having trouble with this. On the one hand, we were assuming that the male children in 411 get the same share as the two daughters of the deceased (or, by the other interpretation, if there are two daughters per son, each son gets an amount equal to what two daughters would get). On the other hand, we were interpreting the same Arabic phrase in 4176 to mean, "each brother gets twice the share of a sister". I found this to be contradictory and illogical, as the exact same phrase was being used.
But both Samia's and Eid's views of 411 seem very logical - and I am leaning towards Eid's interpretation at the moment, since it appears to cover all scenarios where there are both daughters and sons. So I wondered whether we were overlooking something in 4176.
Now I'm thinking, going by the logic of 411, that "the two females" in 4176 must be referring to the "two (sisters?)" mentioned in the preceeding statement in the same verse! This share is 2/3, so, if there are both brothers and sisters, the brothers share in 2/3 and sisters share in 1/3.
I'd welcome any feedback on this - I haven't gone through examples so if there are any that don't work, please bring them up. -
Please discard my following part of response .
In 411 the term 'Ikhwattun' can't refer to Sister alone . It must be brother or brother+sister(s) . Therefore the only option left to distrubute share of a mother and sister is verse 4176 under 'Kelala' condition .
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).
Moreover this 'arithmatic-lingustic' representation of the case also negates the traditional understanding of excluding mother in 'Kelala'...
Because kelala is parentless and childless.
To all
I have noticed that you eliminate the father whenever the mother alone is mentioned. Yet, we should notice that in case of parents and children, the male is mentioned once, and then the female is the centre of the distribution. This is the same mistake tradition understanding committed when they eliminate existance of male child and allocated to the only female half of the inheritance; then gave the remaining half to the siblings of the deceased.
The inheritance verses presumes the existance of all parties mentioned. They do not mention "no brothers" or "no father".
How to distribute is not the problem. We should first decide who should inherit and who shouldn't, or should with restrictions. But from what I have read so far, the definition of kelala does not deserve mentioning a kelala at all; and I mean this definition "a kelala has children and parents, perhaps a spouse, definitely siblings". uch a definition gives siblings share in the presence of children which contradicts 411 which deals with children and parents. Interestingly, this is the only verse where kelala is not mentioned.
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It is is thuluthain, but it is declined here, I think, as modified by "ma taraka". Please someone with better grammar command explain this.
Salaam
[/quoteYou're almost right. It's originally thulthaan (in the nominative) and is the first part of an idaafa construction (form of X of y) thulthaa maa tarak 2/3 of what he left, in which case it loses the "nuun" and becomes thulthaa.
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Peace Noreen, all,
OK. Any ideas why the one daughter bit begins with "wa" and not "fa"? A similar thing happens in 4176 ... perhaps this just means that the ELSE IF applies to both the statement before the wa and the statement after it.
I once had a theory that - from what meant fixed and - what meant variable in order to support using algebra normalization of shares which exceeded total inheritance. That did not work out to be consistent.
As in Ockham's razor line of reasoning the simplest view is most likely correct thus read verbatim.
| - he directs you (p) | - God| - in| - you (p) children
| - to the masculine | - equal | - luck/(share) | - the two females
so if they are women over two, so for them two thirds what he left,
and if she was one, so for her the half?Seems both fa-in (so if) and wa-in (and if) are ELSE IF case separators.
But ... what if there are no children and no father and no brothers but a mother and 3 sisters (and maybe a spouse)? What is the sisters' share if there are more than two?
mother, 3 sisters (4176 - so if - they are - two (f) - so to them - the two thirds )
I interpret above as if at least two are present
1 - 2/3 sisters = 1/3 mothermother, husband, 3 sisters {not Kalala, sisters get nothing)
1 - 1/2 husband = 1/2 motherAlso, can a brother inherit from a male kalaalah with no child?
Yes, deduced in 411
mother, brother
1 - 1/6 mother = 5/6 brotherCan a sister inherit from a female kalaalah with no child (I assume yes, because the masculine gender is used in e.g. 411 even if the deceased is female)?
Yes the Arabic is masculine language; for him in verse applies also for her...
...say "God decrees in alkalalati, if human died, not for him a child, and for him a sister
sister, mother
1 - 1/2 sister = 1/2 motherLikewise in 411 his, he, him apply equally to she and her.
411 ?and to his parents, to each one from them the sixth from what he left, if for him was a child (waladun), so if was not for him a child, and his parents inherited him, so to his mother the third, so if brothers were for him ?
Grammar rules as we have today are useless in most cases ? there was no written standard at the time.
Is ikhwatun plural? Is waladun singular?
This is like asking "do you have brothers and children?" How would a person in most languages who has only one brother or one child reply? If only plural 411 would be inapplicable for all cases with one child as an example.
Therefore, the answer to the question "do you have children?"
Would be correct to answer YES -- if one child.
Right, so 2180 instructs us to include parents, children, spouse and siblings(?) in the will.
I believe so -- browse
http//www.openburhan.net/ob_w.php?w=3292What is the meaning of "yataamaa"? Children of the deceased, i.e. people who have at least one deceased parent and will therefore inherit? And who are the yataamaa in 48?
The destitute who are in need are
http//www.openburhan.net/ob_w.php?w=9811Children fatherless are considered orphans.
4176
"and if they are siblings men and women so to the male alike fortune the two females"
I was having trouble with this. On the one hand, we were assuming that the male children in 411 get the same share as the two daughters of the deceased (or, by the other interpretation, if there are two daughters per son, each son gets an amount equal to what two daughters would get). On the other hand, we were interpreting the same Arabic phrase in 4176 to mean, "each brother gets twice the share of a sister". I found this to be contradictory and illogical, as the exact same phrase was being used.
But both Samia's and Eid's views of 411 seem very logical - and I am leaning towards Eid's interpretation at the moment, since it appears to cover all scenarios where there are both daughters and sons. So I wondered whether we were overlooking something in 4176.
Now I'm thinking, going by the logic of 411, that "the two females" in 4176 must be referring to the "two (sisters?)" mentioned in the preceeding statement in the same verse! This share is 2/3, so, if there are both brothers and sisters, the brothers share in 2/3 and sisters share in 1/3.
I'd welcome any feedback on this - I haven't gone through examples so if there are any that don't work, please bring them up.The above has me pondering for a while with key difference being in 4176 ikhwatan rijalan wanisaan is specified.
2+ siblings mixed (i.e. at least 1 brother + 1 or more sisters)
OR
3+ siblings mixed (i.e. at least 1 brother + 2 or more sisters) distributed at 21 ratio male femaleHave work out all combinations on this.
Salaam Samia,
"ikhwatun" is plural. It can't be a brother. It can be a brother and a sister, or more than two brothers (minimum definition).
If someone asks you do you have brothers, how would you answer if you only had one?
411 ?and to his parents, to each one from them the sixth from what he left, if for him was a child (waladun), so if was not for him a child, and his parents inherited him, so to his mother the third, so if ikhwatun were for him, so to his mother the sixth...
Try to solve with ikhwatun being plural
1 brother, mother {two unknowns}
1 son, mother -- what to give each?
Peace
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Salaam Eid
Salaam Samia,
If someone asks you do you have brothers, how would you answer if you only had one?
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"
1 brother, mother {two unknowns}
As I mentioned before, how to distribute be our problem AFTER we decide who will inherit and mostly who is the most important heir, becaue this heir will take the remaining after the distribution of fixed shares.
The main heirs (who always inherit) are the children, the parents and the spouses. This is also the order they appear in the inhereitance verses.
Siblings are secondary heirs, because they do not inherit in presence of children. They appear last of the heirs.
In the presence of a main heir and a secondary heir, the main gets the remaining of the inheritance and the secondary heir gets their minimum share.
This categorization of heirs is based on the nearest to the deceased (those he/she is mostly responsible for if he/she was alive).Back to the problem
Why two unknowns? Mother's share is known from verse 411
mother 1/6
brother takes 1/6 (412. This is his share if there was a spouse)
remaining 2/3 go to the mother as she is the superior heir.1 son, mother -- what to give each?
mother 1/6
son 5/6
Children share is never defined in any case, which shows that they are the most superior heirs and any other hei who inherits with them will get the minimum stated for them (those are the parents of the deceased and his/her spouse). -
Salaam Samia,
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"
That's right context and cross-reference without contradiction is key to understanding Qur'an.
As I mentioned before, how to distribute be our problem AFTER we decide who will inherit and mostly who is the most important heir, becaue this heir will take the remaining after the distribution of fixed shares.
The main heirs (who always inherit) are the children, the parents and the spouses. This is also the order they appear in the inhereitance verses.
Siblings are secondary heirs, because they do not inherit in presence of children. They appear last of the heirs.
In the presence of a main heir and a secondary heir, the main gets the remaining of the inheritance and the secondary heir gets their minimum share.
This categorization of heirs is based on the nearest to the deceased (those he/she is mostly responsible for if he/she was alive).Back to the problem
Why two unknowns? Mother's share is known from verse 411
mother 1/6
brother takes 1/6 (412. This is his share if there was a spouse)
remaining 2/3 go to the mother as she is the superior heir.That is a speculative work around same as using algebra normalization to divide remainder evenly amongst all participants with only difference to push the remainder to a particular favorite.
- contradicts 411 so if ikhwatun were for him, so to his mother the sixth
- contradicts 412 only case of Kalala brother takes 1/6 {deceased needs to be Kalala to enter the verse}
Siblings cannot inherit with spouse or father
wife, mother, brother
1 - 1/4 wife ? 1/6 mother - 1/6 brother = 5/12 unallocated {who do we flip the remainder?}husband, mother, sister, brother, father {which verse to use for siblings 412 or 4176?}
1 - 1/2 husband - 1/6 mother - 1/6 sister - 1/6 brother = 0 nothing to father {who do we bounce?}The distributions are precise and there are no remaining or oversubscribed shares.
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Salaam Eid
- contradicts 411 so if ikhwatun were for him, so to his mother the sixth
The mother's share is not constant like the spous'e. She gets 1/6 and the brother 2/6 as per the verse. Where would the remaining go? These are the ligitmate heirs so far. The parent would definitely have the priority to get the rest.
- contradicts 412 only case of Kalala brother takes 1/6 {deceased needs to be Kalala to enter the verse}
We have to find the share of the brother in similar cases. If the brother takes 1/6 in case of kelala who only has a wife and siblings "since 412 is mainly speaking of the share of the third heirs spouses" ( / If the man or woman whose inheritance is in question, but has left a brother or a sister, each one of the two gets a sixth; 412), the brother would not get more than the 1/6 if a parent is alive instead of the spouse. It's logical.
Siblings cannot inherit with spouse or father
Parents share is linked to each other not to the presence or absence of any heirs. There's no difference between mother and father. The mention of a mother alone is similar to the mention of a daughter/s alone presumes the existance of the male counterpart, especially when the start of the sentence/statement speaks of "children?awlaadukum/walad) or parents
411 ( / 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..). It even ends with the mention of parents and are compared to children.
That is a speculative work around same as using algebra normalization to divide remainder evenly amongst all participants with only difference to push the remainder to a particular favorite.
This is not speculative. It's clear from the verses heirs are not the same in their degree of relationship to the deceased. Children and parents are top heirs / Ye know not whether your parents or your children are nearest to you in benefit (411). Children are top of the two, since siblings are not even mentioned in their presence, but are mentioned in the presence of parents presence of children curtails the right of siblings to inherit.
From this, we can conclude that the chronological appearance of heirs throught the three verses of inheritance indicates the degree of nearness and thus the importance of the heir. It therefore decides which heir would take the remaining inheritance after the distribution is done
411 Mainly about children and parents Children, then parents; then siblings in presence of parents and absence of children.
412 spouses in presence and absence of children; then siblings in presence of spouses. Notice that kalala is mentioned here but not in 411, which proves that with the presence of parents (dealt with in 411 and not mentioned again at all) we cannot speak of kelala. In both these verses siblings are never mentioned when children inherit, but are mentioned in presence of parents and spouses.
In verse 412 which is now discuaaing only spouses, we come for the first time with the term "kalala". We conclude that a kalal can have a spouse. Therefore we can have kalala, spouse and siblings. We do not have kalala + parents.
4176 All about siblings in absence of all other heirs. It follows 412 and is mainly about kalala.From the above, I can conclude that
- Children share the inheritance ONLY with parents and spouse.
- Siblings have right to inheritance in presence of parents (no mention of kalala) and of spouse (first time kalala is mentioned in verse 412), never mentioned in presence of children.
- Siblings are again mentioned with kalala, in absence of all other heirs
- Kalal are mentioned n 412 where neither parents nor children ae mentioned but spouses are.
- Kalala are again mentioned where no other heir is mentioned except siblings.
Therfore, kalal does not have children nor parents.
Therefore siblings inherit only in prsence of parents and spouses, never in presence of children.
wife, mother, brother
1 - 1/4 wife ? 1/6 mother - 1/6 brother = 5/12 unallocated {who do we flip the remainder?}The remainder goes back to the top heir the mother. No way of giving it to someone who basically does not have the right to inherit in the presence of any of these three. If someone dies and left only one of the above (wife, mother or brother) wouldn't the inherit the lot? The shres are the minimum of what has the right to inherit, not the maximum.
The distributions are precise and there are no remaining or oversubscribed shares.
This is not a proof of understanding WHO should inherit. How would you distribute the inheritance of someone leaving behind a son, a daughter and a brother?
I would say half for the daughter and half for the son. The brother gets nothing.husband, mother, sister, brother, father {which verse to use for siblings 412 or 4176?}
1 - 1/2 husband - 1/6 mother - 1/6 sister - 1/6 brother = 0 nothing to father {who do we bounce?}Husband 1/2; parents 1/6 each (mention of the female presupposes the existance of the male counterpart), sister and brother 1/6 shared equally 1/2+1/3+1/6 = 1. Each one got their minimum share.
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Salaam all
Is it possible that siblings in 4176 (not 412) get remainder shared out amongst themselves after shares of mother (if specified) and spouse are subtracted from the whole? Like for children in 411.
e.g.
husband, mother, sister
husband = 1/2; sister = 1/2 of remainder = 1/4; mother = 1/4husband, mother, 2 sisters
husband = 1/2; sisters = 2/3 of remainder; mother = 1/3 of remainderhusband, mother, brother(s)
husband = 1/2; mother = 1/6; brother(s) = remainder
unless ikhwatun cannot be one brother (then we will have two unknowns - mother and brother)husband, mother, sister, brother(s)
husband = 1/2; mother = 1/6; sister = 1/2 of remainder; brother(s) = 1/2 of remainder
do not need to use "siblings men and women"husband, mother, 2 sisters, brother(s)
husband = 1/2; mother = 1/6; sisters = 2/3 of remainder; brother(s) = 1/3 of remainder
similar to abovehusband, mother, 3+ sisters, brother(s)
husband = 1/2; mother = 1/6; brother(s) = 2/3 of remainder; sisters = 1/3 of remainder. -
Salaam Noreen
Parents and spouses are dealt with in 411 and 412 respectively, with all the possibilities and the legitmate heirs who can have a share with them, including siblings.
Verse 4176 is exclusively for siblings when they are alone. No parents nor spouses are mentioned in this verse, and of course no children are ever mentioned with siblings and vise versa children curtail the right of siblings to inherit.
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Peace all,
Here are my thoughts after I made a complete review and run all possible logical cases before reaching this conclusion.
Kalalah is the loss of the 2 parents. The Kalil might or might not have children.
.- Main inheritors are Spouses, Parents and Children.
- The Siblings are Alternative inheritors.
a. Siblings will inherit as alternatives to children along with any or both of their parents.
i. When the deceased has parents but not children, sibling's share will be that of the children divided amongst them as per the conditions at the beginning of verse 411.
ii. This inheritance is confirmed in second part of verse 411. And to his parents to each is 1/6 if he has children so if he has no children then to his mother is 1/3 but if he has siblings then to his mother is 1/6.
iii. As you can see, when has no children but has siblings, the mother's share is reduced back to 1/6; this is same as if he has children.
b. Siblings will inherit as alternatives to their parents along with children.
i. When the deceased has children but not parents, Kalalah verse 412, siblings share will be that of the parents, max. 1/3.
ii. This is confirmed by verse 412 and if he has a brother or a sister to each is 1/6.
c. Siblings will inherit as alternatives when deceased has no parents and has no children.
i. This is Kalalah with no children as confirmed by verse 4176.
d. Siblings, being alternative inheritors, they will not inherit when parents and children are present.
The following if then statements use my current logical understanding of the 3 verses of chapter 4 of the Quran.
? Someone died, who inherits what? ? The following logical cases will cover all possibilities.
IF Deceased has children
? Husband's share is 1/4 ? verse 412
OR
? Wife's share is 1/8 ? verse 412
? IF Deceased has parents THEN
o To Deceased's parents each is 1/6 ? verse 411
o To Children the balance divided as per verse 411
? Else IF Deceased has no parents THEN "Kalalah in 412"
o IF Deceased has a brother or sister THEN
to each is 1/6
o Else IF Deceased has > 2 siblings THEN
Siblings share 1/3
o End IF
o Balance to Children divided as per verse 411
? End IF
Case concluded and inheritance distributed.Else IF Deceased has no children THEN
? Husband's share is 1/2 ? verse 412
OR
? Wife's share is 1/4 ? verse 412
? IF Deceased has parents THEN
o IF Deceased has siblings THEN
To Deceased's mother is 1/6 ? verse 411
o Else "no siblings; being inherited by parents"
To Deceased's mother is 1/3 ? verse 411
o End IF
? Else IF Deceased has no parents THEN
Kalalah verse 4176 is applied
? End IF
End IF
Case concluded and inheritance distributed. -
Salaam Samia,
The mother's share is not constant like the spous'e. She gets 1/6 and the brother 2/6 as per the verse. Where would the remaining go? These are the ligitmate heirs so far. The parent would definitely have the priority to get the rest. We have to find the share of the brother in similar cases. If the brother takes 1/6 in case of kelala who only has a wife and siblings "since 412 is mainly speaking of the share of the third heirs spouses" ( / If the man or woman whose inheritance is in question, but has left a brother or a sister, each one of the two gets a sixth; 412), the brother would not get more than the 1/6 if a parent is alive instead of the spouse. It's logical.
With mother & brother, the mother?s share is constant and clearly stated
411?so if ikhwatun were for him, so to his mother the sixth
There are never remaining shares; mother 1/6, brother variable 1 ? 1/6 mother = 5/6 brother
The remainder goes back to the top heir the mother. No way of giving it to someone who basically does not have the right to inherit in the presence of any of these three. If someone dies and left only one of the above (wife, mother or brother) wouldn't the inherit the lot? The shres are the minimum of what has the right to inherit, not the maximum.
We have Qur'an inheritance precisely calculated without remainders or shortfalls.
This is not a proof of understanding WHO should inherit. How would you distribute the inheritance of someone leaving behind a son, a daughter and a brother?
I would say half for the daughter and half for the son. The brother gets nothing.son, daughter, brother {kalala with child use 412, brother gets 1/6}
1 ? 1/6 brother = 5/6 childrenQuote
husband, mother, sister, brother, father {which verse to use for siblings 412 or 4176?}
1 - 1/2 husband - 1/6 mother - 1/6 sister - 1/6 brother = 0 nothing to father {who do we bounce?}Husband 1/2; parents 1/6 each (mention of the female presupposes the existance of the male counterpart), sister and brother 1/6 shared equally 1/2+1/3+1/6 = 1. Each one got their minimum share.
Please show which verse says parents get 1/6 each with NO child?
411...and to his PARENTS, to each one from them the 1/6 from what he left, if for him was a child
Also, which verse says ?sister and brother 1/6 shared equally? or 1/12 each?
412?and for him a brother, or a sister, so for each one from them the sixth, so if they were more than that, so they are partners in the third
Verse 4176 is exclusively for siblings when they are alone. No parents nor spouses are mentioned in this verse, and of course no children are ever mentioned with siblings and vise versa children curtail the right of siblings to inherit.
4176 is continuation of 411-12 and if exclusive for siblings, with whom does the sister share 1/2 or the two sisters 2/3?
They ask your clarification, say "God decrees in alkalalati, 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 everything knowledgeable.Peace mmouhammad,
Peace all,
Here are my thoughts after I made a complete review and run all possible logical cases before reaching this conclusion.
Kalalah is the loss of the 2 parents. The Kalil might or might not have children.
.- Main inheritors are Spouses, Parents and Children.
- The Siblings are Alternative inheritors.
a. Siblings will inherit as alternatives to children along with any or both of their parents.
i. When the deceased has parents but not children, sibling's share will be that of the children divided amongst them as per the conditions at the beginning of verse 411.
ii. This inheritance is confirmed in second part of verse 411. And to his parents to each is 1/6 if he has children so if he has no children then to his mother is 1/3 but if he has siblings then to his mother is 1/6.
iii. As you can see, when has no children but has siblings, the mother's share is reduced back to 1/6; this is same as if he has children.
b. Siblings will inherit as alternatives to their parents along with children.
i. When the deceased has children but not parents, Kalalah verse 412, siblings share will be that of the parents, max. 1/3.
ii. This is confirmed by verse 412 and if he has a brother or a sister to each is 1/6.
c. Siblings will inherit as alternatives when deceased has no parents and has no children.
i. This is Kalalah with no children as confirmed by verse 4176.
d. Siblings, being alternative inheritors, they will not inherit when parents and children are present.
The following if then statements use my current logical understanding of the 3 verses of chapter 4 of the Quran.
? Someone died, who inherits what? ? The following logical cases will cover all possibilities.
IF Deceased has children
? Husband's share is 1/4 ? verse 412
OR
? Wife's share is 1/8 ? verse 412
? IF Deceased has parents THEN
o To Deceased's parents each is 1/6 ? verse 411
o To Children the balance divided as per verse 411
? Else IF Deceased has no parents THEN "Kalalah in 412"
o IF Deceased has a brother or sister THEN
to each is 1/6
o Else IF Deceased has > 2 siblings THEN
Siblings share 1/3
o End IF
o Balance to Children divided as per verse 411
? End IF
Case concluded and inheritance distributed.Else IF Deceased has no children THEN
? Husband's share is 1/2 ? verse 412
OR
? Wife's share is 1/4 ? verse 412
? IF Deceased has parents THEN
o IF Deceased has siblings THEN
To Deceased's mother is 1/6 ? verse 411
o Else "no siblings; being inherited by parents"
To Deceased's mother is 1/3 ? verse 411
o End IF
? Else IF Deceased has no parents THEN
Kalalah verse 4176 is applied
? End IF
End IF
Case concluded and inheritance distributed.Siblings cannot inherit with spouse and/or father ? have a look at these NOT Kalala cases (i.e. 412 & 4176 cannot enter)?
father, brothers {two unknowns}
mother, sister {two unknowns}mother, sister, brother {two unknowns}
father, 2 sisters, brother {three unknowns}wife, mother, father, sister, brother {three unknowns}
1 ? 1/4 wife ? 1/6 mother = 7/12 (father, sister, brother ? how to distribute?)husband, mother, father, 2 sisters, brother {three unknowns}
1 ? 1/2 husband ? 1/6 mother = 1/3 (father, 2 sisters, brother ? how to distribute?)Peace
-
Peace Eid,
Peace mmouhammad,
Siblings cannot inherit with spouse and/or father ? have a look at these NOT Kalala cases (i.e. 412 & 4176 cannot enter)?
father, brothers {two unknowns}
mother, sister {two unknowns}mother, sister, brother {two unknowns}
father, 2 sisters, brother {three unknowns}wife, mother, father, sister, brother {three unknowns}
1 ? 1/4 wife ? 1/6 mother = 7/12 (father, sister, brother ? how to distribute?)husband, mother, father, 2 sisters, brother {three unknowns}
1 ? 1/2 husband ? 1/6 mother = 1/3 (father, 2 sisters, brother ? how to distribute?)Peace
a. Siblings will inherit as alternatives to children along with any or both of their parents.
i. When the deceased has parents but not children, sibling's share will be that of the children divided amongst them as per the conditions at the beginning of verse 411.
ii. This inheritance is confirmed in second part of verse 411. And to his parents to each is 1/6 if he has children so if he has no children then to his mother is 1/3 but if he has siblings then to his mother is 1/6.
iii. As you can see, when has no children but has siblings, the mother's share is reduced back to 1/6; this share is same as if he has children.
Else IF Deceased has no children THEN
? Husband's share is 1/2 ? verse 412
OR
? Wife's share is 1/4 ? verse 412
? IF Deceased has parents THEN
o IF Deceased has siblings THEN
To Deceased's mother is 1/6 ? verse 411
o Else "no siblings; being inherited by parents"
To Deceased's mother is 1/3 ? verse 411
o End IF
? Else IF Deceased has no parents THEN
Kalalah verse 4176 is applied
? End IF
End IFAccordingly, no share is unknown.
father, brothers {two unknowns} - father 1/6, brother 5/6 verse 411
mother, sister {two unknowns} - mother 1/6, sister 5/6 verse 411mother, sister, brother {two unknowns} - mother 1/6, sister 1/25/6, brother 1/25/6 verse 411
father, 2 sisters, brother {three unknowns} father 1/6, each sister 1/45/6, brother 1/2 5/6 verse 411wife, mother, father, sister, brother {three unknowns} - wife 1/4, mother & father each 1/63/4, sister & brother each 1/4 (1/21/2"remainder" - spouse use verse 412, rest as per verse 411
husband, mother, father, 2 sisters, brother {three unknowns} - husband 1/2, mother and father each 1/61/2, each sister 1/41/6, brother 1/2*1/6 - spouse use verse 412, rest as per verse 411
Peace
-
Peace mmmouhammad,
a. Siblings will inherit as alternatives to children along with any or both of their parents.
Accordingly, no share is unknown.
father, brothers {two unknowns} - father 1/6, brother 5/6 verse 411
mother, sister {two unknowns} - mother 1/6, sister 5/6 verse 411411...and to his PARENTS, to each one from them the 1/6 from what he left, if for him was a child
There is no child in those examples; how does the father and mother get 1/6?
mother, sister, brother {two unknowns} - mother 1/6, sister 1/25/6, brother 1/25/6 verse 411
father, 2 sisters, brother {three unknowns} father 1/6, each sister 1/45/6, brother 1/2 5/6 verse 411wife, mother, father, sister, brother {three unknowns} - wife 1/4, mother & father each 1/63/4, sister & brother each 1/4 (1/21/2"remainder" - spouse use verse 412, rest as per verse 411
husband, mother, father, 2 sisters, brother {three unknowns} - husband 1/2, mother and father each 1/61/2, each sister 1/41/6, brother 1/2*1/6 - spouse use verse 412, rest as per verse 411
You are suggesting distributions are applicable to siblings when verse clearly says to children?
411
he directs you God in your CHILDREN
to the male equal luck the two females
so if they are women over two, so for them two thirds what he left,
and if she was one, so for her the half?