Salaam Eid, all,
Apologies for delayed reply; needed new sign-on, misplaced password changing email plus inundated with work.
Reminds me of the saying; busy hands are happy hands. lol
You're more punctual than me!! But you're a beginner again now lol
Pertaining to children it always revolves around #of females
411
to the male alike fortune the two females
A better rendition would be to the masculine alike fortune the two feminine since in English to the male makes it seem as referring to one male; grammar rules are not as such in the old Arabic (standards and grammar are a later addition in most languages) which the above is apparent if we cross-reference the term which also means remembrance i.e. any number of things which makes a person mindful of God which of course is contained within Quran
5417
and We have eased the Quran to the remembrance so is there from those who remember/are mindful
Then ... it is always the number of females, and not the ratios of daughters to sons? So for 3 daughters and 3 sons, the daughters share in 2/3 and sons share in 1/3? This is different to what you said before - that if the number of daughters equals the number of sons, they each get an equal share.
Ikhwatun requires the presence of a male same as with rijalan can have a male and 99 females.
So ikhwatun cannot apply to only one sister? Can it apply to only one brother?
Yes, that is correct. My understanding what differentiates Kalala of 412 and 4176 is presence of children and requires the mother gets same amount (1/6) with children and with siblings else there would be a contradiction.
No, siblings can inherit with children; use 412 else if Kalala is without child use 4176
brickwall I have to think about this.
Quote
Why couldn't it apply (i.e. not for him a child AND his parents inherited him AND brethren were for him)?
mother, father, wife wife = 1/4, mother = 1/3, father = 5/12?
I think those were two separate questions, since there were no brethren in the example I gave.
Or add siblings (i.e. brethren) to all the above
wife, 2 sisters, brother, mother, father
3/12 wife + 4/12 siblings (if using 412 else unknown if using 4176) + 4/12 mother = 1/12 father (notice inconsistencies)
Again change gender of spouse
husband, 2 sisters, brother, mother, father
6/12 husband + 4/12 siblings + 4/12 mother = 14/12 (which is too much and nothing left for the father)
If there are no children, siblings' share is determined from 4176. This share is unknown (not 4/12), and so is the father's, so you'd be correct to conclude from this that a kalaalah must be fatherless. However, mother doesn't get 4/12 in these cases - she gets 2/12.
wife, mother, father
1 3/12 wife 4/12 mother = 5/12 father or he gets 1/12 more than the mother
Now lets change gender of the spouse
husband, mother, father
1 6/12 husband 4/12 mother = 2/12 father or he gets half that of the mother
Now for example, lets kill off the husband right before distributing the inheritance
mother, father
1 1/3 mother = 2/3 father or twice that of the mother
Sorry, I still don't understand your point. The father's share is unspecified, so of course it is variable.
Have not looked into it throughly although would consider nearest besides parents are children, spouses, aymanukum (433), siblings, uncles/aunts not allowed to marry (423) should be taken into consideration when leaving a will or helping out; immediate, close, distant family, orphans and widows in community, tribe, nation, believers in need across the world.
I had another look at this - do you think the shares referred to in 47 are those in 411-12 and 4176? Then it would include children, spouses and siblings only.
peace
