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Quran inheritance mistake

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  • S Offline
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    Samia
    wrote on last edited by
    #364

    But how much ?

    How much
    411
    A- Mother 1/6; father 1/3; siblings get the rest. Mother no father father's share if he was alive goes to the mother, so the mother gets 1/2 and 1/2 goes to the siblings.
    B- One sibling 1/6; more they share 1/3; spouse gets the rest

    Then how you reconcile the contradiction here

    Sister will inhereit 1/6 (412)

    Sister will inherit 1/2 (4176)

    Both are under Kalala condition .There should be an index of difference between the two Kalala conditions .

    Thanks.

    Sister in 412 is a sister of kelala who has a spouse. Since spouse of kelala's share is not defined, the spouse gets the rest.
    Sister in 4176 is of a kelala who does not have a spouse. If she is the sole heir she gets all. The half is presuming existance of counterpart male/s.

    A-We should remember that whenever a female is mentioned, a male counterpart is presumed. No guidance on same gender since it's obvious. No verse on a sole heir beause it's obvious too we cannot give any share to any relative not entitled to the inheritance and thus not mentioned. For example verse 4176 is for siblings only. (his siste gets half) presumes existance of at least one brother. If he has only a sister, she gets the whole inheritance since no eligible heir exists. Shares of siblings in 4176 follow the formulae for children.

    B-Another point is that, if the allotted shares are less than the whole, the remainder goes back to the nearest relative.

    Relatives according to nearness to the deceased
    1st- Children
    2nd- Parents
    3rd- Spouse
    4th- Siblings

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      unknownuser
      wrote on last edited by
      #365

      Salaam Samia,

      Provided no children exist
      1- Parents no spouse Siblings inherit (411) - siblings of non kelala
      2- Spouse no parents Siblings inheit (412) - siblings of kelala

      Siblings of kelala (parentless - childless) always inherit. Siblings of non kelala inherit only in absence of both children and spouse.

      Please distribute according to Qur'an...

      1- Parents no spouse Siblings inherit (411) - siblings of non kelala

      parents, sister = ?
      mother, sister = ?

      father, brother = ?
      father, brother, sister = ?

      2- Spouse no parents Siblings inheit (412) - siblings of kelala

      wife, brother 1 - 1/4 wife - 1/6 brother = 7/12 unallocated
      husband, brother 1 - 1/2 husband - 1/6 brother = 1/3 unallocated

      Lastly, no spouse or parents with whom do Al-Kallati's sister 1/2 or two sisters 2/3 share with?

      4176
      They ask your clarification, say "God decrees in Al-Kallati, 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 every thing knowledgeable.

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        Samia
        wrote on last edited by
        #366

        This is a summary of my understanding of the inheritance verses.

        411 Non kelala 1st degree heirs Children
        Shares of children of mixed gender. The formula for distribution is dependent on the distribution of gender
        1m 2m 3m 4m

        1f 11 11 11 11

        2f 12 11 12 12

        3f 21 21 11 21

        4f 21 12 21 11 (copied from this post by Nun de plume http//free-minds.org/forum/index.php?topic=16179.msg169498#msg16949.

        Children's share according to the verse is not decided. The get the remainder after the parents and the spouse get their share.

        411 Parents 2nd degree heirs
        Share according to the whole lot is decided in three cases

        • there are children
          -there are no children and no one else
          -there are no children but there are siblings.

        Verse 412 Spouses 3rd degree heirs
        Two cases
        A Non Kelala in presence and absence of children
        B Kelala case No children. Share of spouse is not determined. Siblings share is determined Spouse gets the rest.

        Verse 4176 Siblings 4th degree heirs
        Case of kelala without spouse siblings inherit all, distributed among them according to the distribution of gender (same formula for children).

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          unknownuser
          wrote on last edited by
          #367

          Peace mmouhammad,

          Your example wife, parents

          1 ? 1/4 wife = 3/4 parents (1/33/4 = 1/4 mother + 2/33/4 = 1/2 father or 12 ratio when no child)


          So you are saying in this case if deceased has siblings, the only purpose their presence will serve is to reduce mothers share to 1/6 thus increasing father's share.

          Not really, with or without siblings mother to father ratio is 12 in all cases except with children each 1/6.

          mother, father
          1 - 1/3 mother = 2/3 father

          wife, mother, father
          1 - 1/4 = 3/4 parents at 12 ratio (1/4 mother + 1/2 father)

          husband, mother, father
          1 - 1/2 husband = 1/2 parents at 12 ratio (1/6 mother + 1/3 father)

          Has siblings; 1 ? 1/4 wife = 3/4 parents (1/6*3/4 = 1/8 mother + (1/6+ 2/3)*3/4 = 5/8 father or 15 ratio


          Never comes in play; with siblings and father/spouse, siblings get bounced (not a Kalala case)

          Why did multiple
          Your examples of Kalalah

          Fa-in (ELSE IF) ikhwatun mother share 1/6 consistent when siblings allowed with children (i.e. case of Kalalah with child 412)?

          mother, children, siblings (412)
          1 ? 1/6 mother ? 1/3 siblings max = 1/2 children


          So here you are giving mother and siblings 1/2; this portion is more than what would both parents get inheriting with children which is 1/3.

          Different case nothing to do when both parents are alive -- following instructions.

          Verse 411 and if he has no children so to his mother is 1/3 but if he has siblings then to his mother is 1/6.
          The logic makes the "has no children" the case for asking about presence of siblings, simply because when parents inherit with has children, siblings are not considered.

          If has children then - if this statement is true the case ends after completing then clause
          To his parents each is 1/6 - mother alone or father alone has no affect on the if condition.
          Else if has no children then
          If has sibling then
          To his mother is 1/6
          Else
          To his mother is 1/3
          End if
          End if

          If you use the following if then else if cases, the sibling else if case will never be reached because one of the first 2 cases will always be true.

          Please post exact verse; logic is straight forward, we can program online calculator later perhaps...lol

          411...so if brethren were for him, so to his mother the 1/6

          The last part (fa-in) is separate statement with/without children.

          If has children then
          To his parents each is 1/6
          Else If has no children then
          To his mother is 1/3
          Else If has siblings then - this case will never be reached
          To his mother is 1/6
          End If

          Programming error.

          411...and to his PARENTS, to each one from them the 1/6 from what he left, if for him was a child,
          so if was not for him a child, and his parents inherited him, so to his mother the 1/3,
          so if brethren were for him, so to his mother the 1/6

          IF has children THEN
          To his parents each is 1/6
          ELSE IF has no children AND his parents inherited him THEN
          To his mother is 1/3
          ELSE IF has siblings THEN
          To his mother is 1/6
          END IF

          Your example
          mother, siblings (4176)
          1 ? 1/6 mother = 5/6 siblings

          What if mother + sister; under 4176 and has one sister to her is 1/2. So mother 1/6 and sister 1/2. The question is who gets the remainder, is it the mother or is it the sister and why?

          mother + sister {no children, no father, no ikhwatun/brethren thus mother share is variable)

          1 - 1/2 sister (4176 Kalala no child) = 1/2 mother

          My earlier post...I believe ikhwatun/brethren needs at least one male which he can be accompanied by any number of females/sisters. The same with - men/rijalan/mankind can refer to a male child in the company of many females as in 4176 'Ikhwatan Rijlan Wa Nis'an and not to a single woman or group of women/nisaan.

          The following Questions are for you to consider
          Is mother alone a parent or not?
          Doesn't mother alone inherits under 411 and to his parents each is 1/6 if has children?
          Doesn't mother alone inherits under 411 and if has no children and being inherited by his parents then to mother is 1/3?
          Is it not that part of 411 "but if has siblings then to his mother is 1/6" suggests siblings inherits with parents when deceased has no children?
          Doesn't verse 411 meet the 2 conditions, has no children and has siblings?

          I've been considering since start of this thread; see above and examples posted to Samia, especially the case of father and any sibling combination.

          Peace

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            Samia
            wrote on last edited by
            #368

            Salaam Samia,

            Please distribute according to Qur'an...

            1- Parents no spouse Siblings inherit (411) - siblings of non kelala

            parents, sister = ?
            mother, sister = ?

            father, brother = ?
            father, brother, sister = ?

            Father 1/3; mother 1/6; sister 1/2 (the remainder, since her share was not determined)
            Mother 1/6; sister 5/6 (same reason above).

            Father 1/3 (2/6); brother gets the rest
            Father 1/3, brother and sister get the rest shared equally between them.

            2- Spouse no parents Siblings inheit (412) - siblings of kelala

            wife, brother 1 - 1/4 wife - 1/6 brother = 7/12 unallocated
            husband, brother 1 - 1/2 husband - 1/6 brother = 1/3 unallocated

            Share of spouse of kelala is not determined in this verse, but the share of siblings is.
            The brother gets 1/6; spouse gets the remainder (5/6).
            Brother gets 1/6; husband gets the remainder (5/6).

            Lastly, no spouse or parents with whom do Al-Kallati's sister 1/2 or two sisters 2/3 share with?

            As long as there are no legitmate heirs alive, all the inheritance should go to the existing heir. I believe that whenever a female is mentioned, a counter male is presumed existing.

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              unknownuser
              wrote on last edited by
              #369

              Salaam Samia,

              Father 1/3; mother 1/6; sister 1/2 (the remainder, since her share was not determined)
              Mother 1/6; sister 5/6 (same reason above).

              Her share was determined 412 & 4176 and with a father; she gets nothing.

              Father 1/3 (2/6); brother gets the rest
              Father 1/3, brother and sister get the rest shared equally between them.

              I don't see that anywhere in Qur'an, sounds like a ruling by Samia...lol

              Share of spouse of kelala is not determined in this verse, but the share of siblings is.
              The brother gets 1/6; spouse gets the remainder (5/6).
              Brother gets 1/6; husband gets the remainder (5/6).

              The main reason this thread was started.

              As long as there are no legitmate heirs alive, all the inheritance should go to the existing heir. I believe that whenever a female is mentioned, a counter male is presumed existing.

              There is only the mother left as a possibility.

              Verse 4176 Siblings 4th degree heirs
              Case of kelala without spouse siblings inherit all, distributed among them according to the distribution of gender (same formula for children).

              Does not work as with the children; key difference being cannot have two cases with two females. The women 1/2 or 2/3 are alone have to share with someone that being the mother.

              1 sister, mother 1 - 1/2 sister = 1/2 mother
              2+ sisters, mother 1 - 2/3 sisters = 1/3 mother

              4176
              They ask your clarification, say "God decrees in Al-Kallati, 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 every thing knowledgeable.

              Peace

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                Samia
                wrote on last edited by
                #370

                Salam Eid

                We disagree on two points

                1. Definition of kelala My understanding is kelala is parentless and childless.
                2. You do not see father when only mother is mentioned. I say this is the rule in the inheritance verses once children are mentioned, it's presumed males and females ahve shares, even when only the female is mentioned. Same with parnts once parents are mentioned, it's presumed both of them have shares, even if it's the mother alone that's mentioned.
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                  Union
                  wrote on last edited by
                  #371

                  How much
                  411
                  A- Mother 1/6; father 1/3; siblings get the rest. Mother no father father's share if he was alive goes to the mother, so the mother gets 1/2 and 1/2 goes to the siblings.

                  Salam Samia .

                  Which Part of verse 411 , you are talking about

                  411 ?and to his parents each one of them one sixth of what is inherited if he has children. => not applicable

                  411 ?if he has siblings (Ikhwatun) then to his mother is one sixth. => not applicable .

                  Then what left for your justification of giving mother 1/6 from 411 ??

                  B- One sibling 1/6; more they share 1/3; spouse gets the rest

                  Instead of assuming what is the definition of Kalala first , you should search the evidence of distribution from the verses and only then you can reach to your decision .

                  412 For you is half of what your wives leave behind if they have no children?.

                  The above part is more logical and related to the problem . Hence, Husband should have ? .

                  412? but has a brother or sister, then to each one of them is one sixth,

                  Hence the sister will get 1/6 .

                  1-(?+1/6) =1/3 undistributed .

                  Sister in 412 is a sister of kelala who has a spouse. Since spouse of kelala's share is not defined, the spouse gets the rest.
                  Sister in 4176 is of a kelala who does not have a spouse. If she is the sole heir she gets all. The half is presuming existance of counterpart male/s.

                  This is also a pre-determined decision . If you remove your biased understanding of Kalala , and as the case you are talking about siblings+spouse say, Sister + Wife , then more logical distribution will be

                  412 To them is one quarter of what you leave
                  behind if you have no child;..

                  Hence wife =1/4

                  And sister =1/6 according to 412 Or ? according to 4176 . In both case it doesn?t add up to 01.

                  Instead why not use Almighty God?s hints to have a clue to differentiate between 1/6 or ? share of sister .

                  4176 They ask your opinion , say "God decrees in the man or woman being Kalala , if man/human died, not for him a child, and for him a sister, so for her half what he left,

                  Hence God?s wisdom is pulling us to the sate of ?no children? for Kalala to have his sister ? . Keeping the same logical observation in mind it will be more safe to think of sister?s share 1/6 incase of Kalala when ?with children? .

                  Also this conclusion will offer a 100% accurate distribution of share to related to it (add up to 01 , not less than or greater than 01 which happened to be found in your proposal )

                  A-We should remember that whenever a female is mentioned, a male counterpart is presumed. No guidance on same gender since it's obvious. No verse on a sole heir beause it's obvious too we cannot give any share to any relative not entitled to the inheritance and thus not mentioned. For example verse 4176 is for siblings only. (his siste gets half) presumes existance of at least one brother. If he has only a sister, she gets the whole inheritance since no eligible heir exists. Shares of siblings in 4176 follow the formulae for children.

                  B-Another point is that, if the allotted shares are less than the whole, the remainder goes back to the nearest relative.

                  Relatives according to nearness to the deceased
                  1st- Children
                  2nd- Parents
                  3rd- Spouse
                  4th- Siblings

                  A- Agree though should not be taken as hard and fast rule .
                  B- Disagree . Your way of understanding of Kelala time to time will leave some reminder but not the way Eid AbduAllah understood it . A 100% accurate distribution will not be greater than or smaller 01.

                  Thanks.

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                    Union
                    wrote on last edited by
                    #372

                    Salaam Samia,

                    Her share was determined 412 & 4176 and with a father; she gets nothing.

                    I don't see that anywhere in Qur'an, sounds like a ruling by Samia...lol

                    The main reason this thread was started.

                    There is only the mother left as a possibility.

                    Does not work as with the children; key difference being cannot have two cases with two females. The women 1/2 or 2/3 are alone have to share with someone that being the mother.

                    1 sister, mother 1 - 1/2 sister = 1/2 mother
                    2+ sisters, mother 1 - 2/3 sisters = 1/3 mother

                    4176
                    They ask your clarification, say "God decrees in Al-Kallati, 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 every thing knowledgeable.

                    Peace

                    Salam AbduAllah . So far I didn't see any disorder in your understanding of Kelala . If sister Samia could have brought practical examples for each of his theory as you did everytime , may be something different (if it really exists) could have been realized . I am in the position of such definition of Kelala where all the shares must add up to 01 .

                    Allah knows the best .

                    Thanks .

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                      Samia
                      wrote on last edited by
                      #373

                      411 ?if he has siblings (Ikhwatun) then to his mother is one sixth. => not applicable .

                      Then what left for your justification of giving mother 1/6 from 411 ??

                      Salaam Union
                      How is it not applicable when you are just saying it 411 "if he has siblings then to his mother is one sixth"?!
                      If you are asking about the father, I just don't undertand how you read the verse 411
                      "For parents, a sixth share of the inheritance to each, if the deceased left children; 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."

                      If there are children, 1/6th for each.
                      If the parents are the only heirs, the mother gets 1/3 (by logic the father gets 2/3, though not explicitely mentioned)
                      If they are not the only heirs (there are siblings) the mother gets 1/6 (and by analogy the father gets the double, i.e 2/6 = 1/3).

                      Instead of assuming what is the definition of Kalala first , you should search the evidence of distribution from the verses and only then you can reach to your decision .

                      The definition of kelala is xtremely important because it will show if someone is eligible to inherit or not. If you understand kelala as only parentless; then you will give a share to siblings when there are children. Shares will still add up to 100% since children do not have a determined percentage of the wealth but get the remaining.
                      For example
                      mother, son, dughter, brother.

                      Your distribution based on your definition of kelala will be
                      Mother 1/6; sister 1/2 (or 1/6, depending on whichever verse you use 412 or 4176) and children get the rest.
                      My distribution based on my understanding of kelala will be
                      Mother 1/6, children get the remainder and siblings get nothing.

                      Another result of not considering the definition of kelala important is giving the sister 1/6 as you just did, when there's a mother You are giving the sister of a standard deceased person (where 411 should be applicable) the share of sister of kelala (where you are applying 412).
                      Remember that siblings are mentioned in all three verses, with different defined shares or undefined shares. Unless you know who they are inheriting (kelala or not) and whether they can inherit or not; you cannot determine which verse to apply.

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                        Union
                        wrote on last edited by
                        #374

                        Salaam Union
                        How is it not applicable when you are just saying it 411 "if he has siblings then to his mother is one sixth"?!
                        If you are asking about the father, I just don't undertand how you read the verse 411
                        "For parents, a sixth share of the inheritance to each, if the deceased left children; 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."

                        If there are children, 1/6th for each.
                        If the parents are the only heirs, the mother gets 1/3 (by logic the father gets 2/3, though not explicitely mentioned)
                        If they are not the only heirs (there are siblings) the mother gets 1/6 (and by analogy the father gets the double, i.e 2/6 = 1/3).

                        Walaikumsalam Wa RahmatuAllah dear Samia .

                        The case we are dealing with Father + Mother + Sister

                        Peace Samia,

                        Please clarify...

                        IF parents no spouse ? do siblings inherit?
                        mother, father, sister (which verse 412 or 4176)

                        And in the verse 411 , the Arabic term ?Ikhwatun? cancels the existence of only sister

                        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).

                        And that?s how it is not applicable for the example we were trying to clarify .

                        mother, son, dughter, brother.

                        Your distribution based on your definition of kelala will be
                        Mother 1/6; sister 1/2 (or 1/6, depending on whichever verse you use 412 or 4176) and children get the rest.

                        411 .. to his parents each one of them one sixth of what is inherited if he has children?.
                        Mother 1/6

                        412 ?If a man or a woman has no one, but has a brother or
                        sister, then to each one of them is one
                        sixth?..
                        Sister 1/6
                        Sister1/2 of 4176 is not applicable since this case is without children

                        Children is rest 1-(1/6+1/6) = 2/3 (FM =11 ratio)

                        Is it not simple , convenient and logical to follow using verse by verse ?

                        My distribution based on my understanding of kelala will be
                        Mother 1/6, children get the remainder and siblings get nothing.

                        Your distribution has a good effect of preconception of Kalala and hence not convenient to a casual reader to understand its definition from Qur?an as it represents . As I told you in this regard

                        Salam Samia .

                        Instead why not use Almighty God?s hints to have a clue to differentiate between 1/6 or ? share of sister .

                        4176 They ask your opinion , say "God decrees in the man or woman being Kalala , if man/human died, not for him a child, and for him a sister, so for her half what he left,

                        Hence God?s wisdom is pulling us condition of ?no children? for Kalala to have his sister ? . Keeping the same logical observation in mind it will be more safe to think of sister?s share 1/6 incase of Kalala when ?with children? .

                        Also this conclusion will offer a 100% accurate distribution of share to related to it (add up to 01 , not less than or greater than 01 which happened to be found in your proposal )

                        Another result of not considering the definition of kelala important is giving the sister 1/6 as you just did, when there's a mother You are giving the sister of a standard deceased person (where 411 should be applicable) the share of sister of kelala (where you are applying 412).
                        Remember that siblings are mentioned in all three verses, with different defined shares or undefined shares. Unless you know who they are inheriting (kelala or not) and whether they can inherit or not; you cannot determine which verse to apply.

                        As we found in the verse

                        411 ?if he has siblings (Ikhwatun) then to his mother is one sixth.

                        Which rendering rationally that if siblings are getting shares under Kelala condition , there is a valid possibility of mother?s share simultaneously . In other word mother does exist for a deceased Kalala person . Please try to run each and every possible share covering this phenomenon and you will see no disorder .

                        Therefore , If Mother + Sister is the case , it can be a Kealal case

                        4176
                        They ask your clarification, say "God decrees in Al-Kallati, if human died, not for him a child, and for him a sister, so for her half what he left,..

                        Sister = ? and Mother =1/2

                        Thanks .

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                          Samia
                          wrote on last edited by
                          #375

                          And in the verse 411 , the Arabic term ?Ikhwatun? cancels the existence of only sister
                          And that?s how it is not applicable for the example we were trying to clarify .

                          Salaam Union
                          Regarding my post you quoted. I later clarified my mistake here

                          Salaam Eid
                          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"

                          So ikhwatun and awlaadukum are bothe plurals "linguistically", but in the context, it's any number from one, any gender.

                          411 .. to his parents each one of them one sixth of what is inherited if he has children?.
                          Mother 1/6

                          412 ?If a man or a woman has no one, but has a brother or
                          sister, then to each one of them is one
                          sixth?..
                          Sister 1/6
                          Sister1/2 of 4176 is not applicable since this case is without children

                          Children is rest 1-(1/6+1/6) = 2/3 (FM =11 ratio)

                          Is it not simple , convenient and logical to follow using verse by verse ?

                          Isn't this what I expected to be your distribution?
                          You are using 411 for mother of a deceased who is not kelala; then you are using the share for a sister in 412 for a deceased who is a kelala. Tell me is your deceased a kelala or not? Because he/she cannot be both.
                          Maybe it is simple, convenient (no need to think too much) but definitely not logical using any verse. This is why I said it's important to decide what the deceased is to see who inherits and who does not, and this calls for a correct definition of kelala.

                          Your distribution has a good effect of preconception of Kalala and hence not convenient to a casual reader to understand its definition from Qur?an as it represents

                          No one can understand any definition of kelala from a distribution of wealth. It's the other way rund one should know the efinition then they will understand the distribution.

                          As we found in the verse

                          411 ?if he has siblings (Ikhwatun) then to his mother is one sixth.

                          Which rendering rationally that if siblings are getting shares under Kelala condition , there is a valid possibility of mother?s share simultaneously . In other word mother does exist for a deceased Kalala person . Please try to run each and every possible share covering this phenomenon and you will see no disorder .

                          Therefore , If Mother + Sister is the case , it can be a Kealal case

                          Verse 411 never mentions a kelala. From the beginning it's speaking of a standard deceased. Otherwise, you are making all deceased kelala, since the kelala is mentioned in the other two verses.

                          It's also the only verse mentioning shares of children and parents.
                          The other two verses mention shares of spouses and shares of siblings (as well as 411)
                          Doesn't this tell you something?

                          Where kelala is mentioned, parents and children are not (412; 4176)
                          Where parents and children are mentioned, kelala is not (411)

                          Isn't it so simple, convenient and logical to conclude from this that a kelala is parentless and childless?

                          4176
                          They ask your clarification, say "God decrees in Al-Kallati, if human died, not for him a child, and for him a sister, so for her half what he left,..

                          Sister = ? and Mother =1/2

                          Where do you read "mother" in 4176? Why not a father or both parents?
                          Why are you giving the "alleged mother" half? Where does the mother gets a half any way?
                          We already have the case of parents with and without children; and with siblings (411). None of them gives the mother a half.
                          Moreover, in the same verse (4176), what if the siblings were more than three? (if there are brothers and sisters, (they share), the male having the share of the two females)? how to distribute two unknowns?

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                            unknownuser
                            wrote on last edited by
                            #376

                            Salaam Samia,

                            You are using 411 for mother of a deceased who is not kelala; then you are using the share for a sister in 412 for a deceased who is a kelala. Tell me is your deceased a kelala or not? Because he/she cannot be both.

                            412 Kallatan (i.e. loner) no father, no spouse
                            4176 Al-Kallati (i.e. the loner) no father, no spouse, no child

                            Isn't it so simple, convenient and logical to conclude from this that a kelala is parentless and childless?

                            if parent-less and childless, sister 1/2 or two sisters 2/3 in 4176 never comes in play without contradiction.

                            Where do you read "mother" in 4176? Why not a father or both parents?

                            Father cannot enter 4176 with siblings and would contradict

                            if parents, mother 1/3 (411) + 2/3 two sisters = 0 father
                            if father + brother unknown how to distribute
                            if father + brethren/Ikhwatun mixed unknown how to distribute or what amount to give the father

                            Spouse cannot enter 4176 with siblings and would contradict

                            if husband 1/2 + 2/3 two sisters = 1 1/6 too much

                            2 sisters = 2/3
                            Why are you giving the "alleged mother" half? Where does the mother gets a half any way?

                            It says 1/2 one sister and 2/3 two sisters, they have to share with someone and only the mother can enter the verse without contradiction -- no child, no father, if brethren (i.e. at least a male/brother then fixed at 1/6 else share is variable).

                            1+ brother, mother 1 - 1/6 mother = 5/6 brother/s

                            1 sister, mother 1 - 1/2 sister = 1/2 mother

                            2+ sisters, mother 1 - 2/3 sisters = 1/3 mother

                            We already have the case of parents with and without children; and with siblings (411). None of them gives the mother a half.
                            Moreover, in the same verse (4176), what if the siblings were more than three? (if there are brothers and sisters, (they share), the male having the share of the two females)? how to distribute two unknowns?

                            Not two unknowns, it's a ratio of 12 each male gets twice that of a female 2f = m or f = 1/2m

                            Cannot use ratios as with children due to the word "fawqa" is missing.

                            Simply follow the fa-in/wa-in switch case ELSE IF AND IF logic...

                            he directs you God in your CHILDREN
                            to the male equal luck the two females
                            Fa?in ELSE IF they are women Fawqa/above two, so for them two thirds what left/M Taraka,
                            Wa ?In AND IF she was one, so for her the half
                            and to his parents, to each one from them the sixth from what left/Mimm Taraka, if for him was a child
                            Fa?in ELSE IF was not for him a child, and his parents inherited him, so to his mother the third,
                            Fa?in ELSE IF brethren/Ikhwatun were for him, so to his mother the sixth

                            and for you half what left/M Taraka your wives/Azwjukum, if is not for them a child,
                            Fa?in ELSE IF was for them a child, so for you the quarter from what they left/Mimm Tarakna from after a bequest/will
                            and for them the quarter from what you left/Mimm Taraktum, if was not for you a child,
                            Fa?in ELSE IF was for you a child, so for them the eight from what you left/Mimm Taraktum from after a bequest/will
                            Wa ?In AND IF was a Rajulun/man to be inherited Kallatan or a woman-spouse/'AwAmra'atun, and for him a brother, or a sister, so for each one from them the sixth,
                            Fa?in ELSE IF they were more than that, so they are partners in the third

                            They ask your clarification, say "God decrees in Al-Kallati, if human died/'Ini Amru'uun Halaka, not for him a child,
                            and for him a sister, so for her half what left/M Taraka, and he inherits her if was not for her a child,
                            Fa?in ELSE IF they were two, so to them (F) the two thirds from what left/Mimm Taraka,
                            Wa ?In AND IF they were brethren men and women
                            so to the male equal luck the two females,
                            God clarifies for you that you (not) be misguided, and God is with everything knowledgeable.

                            Peace

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                              Samia
                              wrote on last edited by
                              #377

                              Salaam Samia,

                              412 Kallatan (i.e. loner) no father, no spouse
                              4176 Al-Kallati (i.e. the loner) no father, no spouse, no child

                              Salaam Eid

                              "kalalatan" in the verse is not an indefinite noun. The verb preceding it shows it's a condition . The sentence means if a man - or a oman- being inherited when they are kalala/ in the condition that they are kalala. Moreover, what rule do you follow to give different meanings to a word just because it's definite or indefinite?

                              if parent-less and childless, sister 1/2 or two sisters 2/3 in 4176 never comes in play without contradiction.

                              As I explained my understanding before, the mere mention of just a female does not rule out the existance of the male.

                              Father cannot enter 4176 with siblings and would contradict

                              if parents, mother 1/3 (411) + 2/3 two sisters = 0 father
                              if father + brother unknown how to distribute
                              if father + brethren/Ikhwatun mixed unknown how to distribute or what amount to give the father

                              Spouse cannot enter 4176 with siblings and would contradict

                              if husband 1/2 + 2/3 two sisters = 1 1/6 too much

                              Again you are mixing 411 and 4176; kalala and standard. You better define the status of your deceased (kalala v standard) to decide who will inherit and thus which verse/rule to apply. Specially when dealing with siblings and spouses, as they inherit/may inherit both kinds.
                              How about mother + brother? Two unknowns.

                              Let's look at 411
                              If he/she has siblings, his mother gets 1/6.
                              In this case we do not have children, and according to you the father is not there. We are left with mother and siblings (and maybe a spouse).
                              Question what's the difference between the deceased in 411 and in 4176? What makes the latter kalala but not the former? Why does the mother here gets 1/6 and in 4176 you give her 1/2?

                              It says 1/2 one sister and 2/3 two sisters, they have to share with someone and only the mother can enter the verse without contradiction -- no child, no father, if brethren (i.e. at least a male/brother then fixed at 1/6 else share is variable).

                              1+ brother, mother 1 - 1/6 mother = 5/6 brother/s

                              1 sister, mother 1 - 1/2 sister = 1/2 mother

                              2+ sisters, mother 1 - 2/3 sisters = 1/3 mother

                              Same problem mixing kalala and non kalala verses/rules.
                              Why are you going back to 411 to search for the mother's share? 4176 says and he inherits her. What's your understanding of this? And according to this verse, mother (if she applies here) and brother are both unknowns.

                              Cannot use ratios as with children due to the word "fawqa" is missing.

                              I can't believe you are saying this! The meaning is put in other words (if they were siblings, men and women). Aren't these above two? We already have one F 1+ males; two F 1 or 3+ males...then "men and women" is 3+ females and 3+ males.

                              Side question what's the purpose of telling us about kalala if he/she has a mother, a spouse, siblings and children? What is the difference between kalala and non kalala then?

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                                unknownuser
                                wrote on last edited by
                                #378

                                Salaam Samia,

                                "kalalatan" in the verse is not an indefinite noun. The verb preceding it shows it's a condition . The sentence means if a man - or a oman- being inherited when they are kalala/ in the condition that they are kalala. Moreover, what rule do you follow to give different meanings to a word just because it's definite or indefinite?

                                Has to fit each possibility without contradiction and this works with every combination

                                As I explained my understanding before, the mere mention of just a female does not rule out the existance of the male.
                                Again you are mixing 411 and 4176; kalala and standard. You better define the status of your deceased (kalala v standard) to decide who will inherit and thus which verse/rule to apply. Specially when dealing with siblings and spouses, as they inherit/may inherit both kinds.
                                How about mother + brother? Two unknowns.

                                This is why the brother's share was not mentioned in 411 and left variable.

                                mother, brother 1 - 1/6 mother (411) = 5/6 brother

                                Let's look at 411
                                If he/she has siblings, his mother gets 1/6.
                                In this case we do not have children, and according to you the father is not there. We are left with mother and siblings (and maybe a spouse).
                                Question what's the difference between the deceased in 411 and in 4176? What makes the latter kalala but not the former? Why does the mother here gets 1/6 and in 4176 you give her 1/2?
                                Same problem mixing kalala and non kalala verses/rules.
                                Why are you going back to 411 to search for the mother's share? 4176 says and he inherits her. What's your understanding of this? And according to this verse, mother (if she applies here) and brother are both unknowns.

                                Samia, please look at the logic closely; this is very detailed especially the fa-in SWITCH CASE ELSE IF...

                                To CHILDREN (regardless who else is alive; this is to distribute amongst children only)...

                                he directs you God in your CHILDREN
                                to the male equal luck the two females
                                Fa?in ELSE IF they are women Fawqa/above two, so for them two thirds what left,
                                Wa ?In AND IF she was one, so for her the half

                                btw, nun de plume (know him well...lol) had wrong diagram; should be thus...

                                1m 2m 3m

                                1f (she gets 1/2 regardless #of males)

                                2f (each male gets twice each female)

                                3f (they get 2/3 regardless #of males)

                                To PARENTS (nothing to do with allocating to siblings yet) check IF true and read on......

                                and to his parents, to each one from them the sixth from what left/Mimm Taraka, if for him was a child
                                Fa?in ELSE IF was not for him a child, and his parents inherited him, so to his mother the third,
                                Fa?in ELSE IF brethren/Ikhwatun were for him, so to his mother the sixth

                                To Spouses...

                                and for you half what left your wives/Azwjukum, if is not for them a child,
                                Fa?in ELSE IF was for them a child, so for you the quarter from what they left from after a bequest/will
                                and for them the quarter from what you left, if was not for you a child,
                                Fa?in ELSE IF was for you a child, so for them the eight from what you left from after a bequest/will

                                Kalla (no spouse, no father) with CHILD

                                Wa ?In AND IF was a Rajulun/man to be inherited Kallatan or a woman, and for him a brother, or a sister, so for each one from them the sixth,
                                Fa?in ELSE IF they were more than that, so they are partners in the third

                                They ask your clarification, say "God decrees in Al-Kallati, if human died, not for him a child,
                                and for him a sister, so for her half what left, and he inherits her if was not for her a child,
                                Fa?in ELSE IF they were two, so to them (F) the two thirds from what left,
                                Wa ?In AND IF they were brethren men and women
                                so to the male equal luck the two females,

                                God clarifies for you that you (not) be misguided, and God is with everything knowledgeable.

                                I can't believe you are saying this! The meaning is put in other words (if they were siblings, men and women). Aren't these above two? We already have one F 1+ males; two F 1 or 3+ males...then "men and women" is 3+ females and 3+ males.

                                1. and for him a sister, so for her 1/2 (not accompanied by a male not brethren men and women)

                                2. Fa?in ELSE IF they were two, so to them the 2/3 (no males, as above)

                                3. so to the male equal luck the two females,

                                We cannot do ratios for siblings as with children their are two cases with two females.

                                2 sisters, 1+ brothers

                                Do we give the two sisters 2/3 or use "to the male equal share the two females?

                                Side question what's the purpose of telling us about kalala if he/she has a mother, a spouse, siblings and children? What is the difference between kalala and non kalala then?

                                412 Kallatan no father, no spouse
                                4176 Al-Kallati no father, no spouse (no child stated in verse)

                                Peace

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                                  Samia
                                  wrote on last edited by
                                  #379

                                  This is why the brother's share was not mentioned in 411 and left variable.

                                  mother, brother 1 - 1/6 mother (411) = 5/6 brother

                                  Salaam Eid

                                  How did you decide that "" in 411 is a brother and not a sister or a group of sisters and brothers? What about the in 4176? Do they get 5/6th?

                                  Samia, please look at the logic closely; this is very detailed especially the fa-in SWITCH CASE ELSE IF...

                                  To CHILDREN (regardless who else is alive; this is to distribute amongst children only)...

                                  he directs you God in your CHILDREN
                                  to the male equal luck the two females
                                  Fa?in ELSE IF they are women Fawqa/above two, so for them two thirds what left,
                                  Wa ?In AND IF she was one, so for her the half

                                  and he inherits her if she left no child. If there are two sisters, they shall have two-thirds of the inheritance (between them) if they were siblings, men and women, the male will have the share of the two females. Thus doth Allah make clear to you (His law), lest ye err. And Allah hath knowledge of all things. (4176)

                                  The first "Fa'in" cannot be repeated in place of "wa'in" that follows, linguistically and meaning-wise.

                                  btw, nun de plume (know him well...lol) had wrong diagram; should be thus...

                                  1m 2m 3m

                                  1f (she gets 1/2 regardless #of males)

                                  2f (each male gets twice each female)

                                  3f (they get 2/3 regardless #of males)

                                  What do you mean by "regardless of males"? Regardless of whether there are males or not or regardless their number?
                                  BTW, Nun de plume was not putting numbers, but reatios
                                  And the verse does not say "each male gets twice each female", but "to the male a share similar of that of the two females. There's a difference.

                                  1. so to the male equal luck the two females,

                                  We cannot do ratios for siblings as with children their are two cases with two females.

                                  2 sisters, 1+ brothers

                                  This is why the verse 4176, unlike 411 says If they were siblings men and women, indicating their number as 3+ men and 3+ women at least.
                                  Thus the distribution for a kalala without a wife (4176) is as follows
                                  1F (and a male opposite to her) 1/2 and 1/2
                                  2F (and one or more male) 2/3 1/3
                                  +2F and +2 M to the male the share of the two females.
                                  But as long as we understand that there's a mother here, we will have contradictions with verse 411 which sets the mother's share at 1/6 in absence of children and presence of siblings.
                                  We should try to agree on the definition of kalala, otherwise any discussion is pointless.

                                  412 Kallatan no father, no spouse
                                  4176 Al-Kallati no father, no spouse (no child stated in verse)

                                  giveup

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                                    unknownuser
                                    wrote on last edited by
                                    #380

                                    Salaam Samia,

                                    How did you decide that "" in 411 is a brother and not a sister or a group of sisters and brothers? What about the in 4176? Do they get 5/6th?

                                    Brethren at least one male by himself or 1+ males with any number of females.

                                    1+ brothers, mother 1 - 1/6 mother = 5/6 brother
                                    2+ siblings mixed, mother 1 - 1/6 mother = 5/6 siblings (distribute 12 ration sisters to brothers)

                                    and he inherits her if she left no child. If there are two sisters, they shall have two-thirds of the inheritance (between them) if they were siblings, men and women, the male will have the share of the two females. Thus doth Allah make clear to you (His law), lest ye err. And Allah hath knowledge of all things. (4176)

                                    The first "Fa'in" cannot be repeated in place of "wa'in" that follows, linguistically and meaning-wise.
                                    What do you mean by "regardless of males"? Regardless of whether there are males or not or regardless their number?

                                    You replied to wrong verse (I post 411 above also did not sleep all night either...lol) and it's regardless of their number....

                                    BTW, Nun de plume was not putting numbers, but reatios
                                    And the verse does not say "each male gets twice each female", but "to the male a share similar of that of the two females. There's a difference.

                                    This is why the verse 4176, unlike 411 says If they were siblings men and women, indicating their number as 3+ men and 3+ women at least.
                                    Thus the distribution for a kalala without a wife (4176) is as follows
                                    1F (and a male opposite to her) 1/2 and 1/2
                                    2F (and one or more male) 2/3 1/3
                                    +2F and +2 M to the male the share of the two females.
                                    But as long as we understand that there's a mother here, we will have contradictions with verse 411 which sets the mother's share at 1/6 in absence of children and presence of siblings.
                                    We should try to agree on the definition of kalala, otherwise any discussion is pointless. giveup

                                    No, don't give up now and let's stay with 4176 otherwise we'll be all over the place.

                                    You do not consider any of these combinations below as brethren men and women?

                                    1 sister, 1 brother
                                    1 sister, 2+ brothers

                                    2 sisters, brother
                                    2 sisters, 2+ brothers

                                    Your argument is 4176 is only for siblings; therefore, no parents, no spouse, and no children (stated in the verse);
                                    Here are all the possibilities; please let me know if this looks correct to you...

                                    1 sister, 1 brother so for her 1/2, 1/2
                                    1 sister, 2+ brothers so for her 1/2, 1/2

                                    2 sisters, brother Fa?in ELSE IF they were two, so to them the 2/3, 1/3
                                    2 sisters, 2+ brothers Fa?in ELSE IF they were two, so to them the 2/3, 1/3

                                    brother, 3+ sisters
                                    Wa ?In AND IF they were brethren men and women so to the male equal luck the two females

                                    2+ brothers, 3+ sisters
                                    Wa ?In AND IF they were brethren men and women so to the male equal luck the two females

                                    Peace

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                                      Samia
                                      wrote on last edited by
                                      #381

                                      Salaam Samia,

                                      Brethren at least one male by himself or 1+ males with any number of females.

                                      "ikhwatun" is similar to "waladun" in the verse below. If you understand "if no waladun to them" does not cover a daughter or two, then again we a have a big disagreement

                                      412

                                      If someone asks you do you have siblings, how would you answer if you only had one sister?
                                      If you accept to disregard the number (ikhwatun becomes akh), then you may as well disregard the gender (ikhwatun becomes ukht). Ikhwatun in this context is like waladun It covers both genders in any number.

                                      The case of only mother (according to your understanding) and siblings has already been discussed in 411. Why bring it again in 4176? Why not show the share of "the mother of kelala" just as we were shown the share of the mother in 4176? How is the share of siblings in 411 distributed between them and why?
                                      The rest of the post has been dealt with before, or is based on difference in understanding the definition of kalala.

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                                        unknownuser
                                        wrote on last edited by
                                        #382

                                        Salaam Samia,

                                        I like an answer to this part first and get it out of the way if you don't mind...

                                        There's a difference.
                                        This is why the verse 4176, unlike 411 says If they were siblings men and women, indicating their number as 3+ men and 3+ women at least.

                                        Explain how Wa 'In Kn 'Ikhwatan Rijlan Wa Nis'an means 3+ men and 3+ women at least, not...

                                        1 sister, 1 brother
                                        1 sister, 2+ brothers

                                        2 sisters, brother
                                        2 sisters, 2+ brothers

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                                          mmouhammad
                                          wrote on last edited by
                                          #383

                                          Peace,

                                          1. Main Inheritors are 4 groups; they inherit in the sequence listed below after evaluating the related conditions to each group.
                                            a. Spouses
                                            b. Parents
                                            c. Siblings,
                                            d. Children

                                          2. Spouse inherits first regardless of the presence or absence of other inheritors; shares are as per Verse 412. Spouse presence will not block siblings from inheriting if parents or children are not present.

                                          3. Being inherited by his parents; verse411- " ", in this verse there are three possible cases for being inherited by his parents
                                            a. Both parents alive
                                            b. Mother alive
                                            c. Father alive
                                            If either of parents is alive and deceased has children then siblings will not inherit but if has no children then living parent or parents will inherit with siblings as per 411, to his mother is 1/6.

                                          4. Siblings In English dictionary means brother or sister; I think it has same meaning in Arabic "ikh wa tun, ".
                                            ? In Arabic
                                            a. Sister ; two sisters ; more than two sisters ? Gender is known; 1, 2 or many.
                                            b. Brother ; two brothers ; more than two brothers ? Gender is known; 1, 2 or many.
                                            c. Siblings Brother or Sister "ikh wa tun, "; Unknown Gender or how many, so "ikh wa tun, " is one to n, males, females or mix.

                                          i. Verse 412 and has a brother or a sister so to each is 1/6 and if they were more than that, they share 1/3 ? " ... ..." Notice the "or " and more than that.

                                          ii. This meaning is further confirmed by verse 4176 ? and has a sister, to her is 1/2 and if they were two sisters to them is 2/3 and if they were ikhwatun, men and women ?" ".

                                          iii. In both verses above God allocates defined shares to defined Genders. However, when the Gender and number of the siblings are no longer considered, God used the Generic term "ikh wa tun, " as in verse 411.

                                          iv. Moreover, in verse 4176 " " God said siblings, men and women, stating the Gender to avoid any misunderstanding and to confirm that the defined shares for one sister and the two sisters are when there are no brothers. The reason is that all other shares are defined under the general distribution rule at the beginning of verse 411. For example 1s +1b and 2s+1b fall under ikhwatun men and women, hence confirms sisters are alone.

                                          v. This usage proves that "ikh wa tun, " without identifier means brothers or sisters or as in the verse a mix of both, for example would we not consider 3, 4 or 5 sisters as siblings, ikhwatun, in verse 4176.

                                          vi. As such we see that God uses "ikh wa tun, " in verse 411 and if he has siblings then to his mother is 1/6; Gender or number of siblings is not an issue. So "ikh wa tun, " is one to n, males, females or mix.

                                          vii. Verse 1258 " " And the brothers of Joseph came. Generic usage of ikhwatun.

                                          viii. Verse 4910 " " The believers, 'males and females' Ikhwatun; Generic and used in the broader meaning Brotherhood.

                                          1. Siblings, , Brothers and Sisters will inherit in 3 cases

                                          a. When deceased has No Children but has mother or father or both. Verse 411 and if he has siblings then to his mother is 1/6. The siblings' share is what would have been for the children if there were any.

                                          b. When deceased has Children but No Parents. Kalalah in verse 412 and a man is being inherited Kalalah or a woman and has a brother or a sister then to each is 1/6 and if there are more than that then they share 1/3. Observe, in this case the share equals to that of the parents if they were alive.

                                          c. When deceased has No Children and Has no Parents; this is Kalalah in verse 4176

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