Alkalalah "الكلالة", what does it mean?
This is another attempt to express my understanding on the subject and the logic that lead to the definition of Kalalah as mentioned below. I hope I was able to convey the logic I used in a clearer way this time.
Thank you and God bless.
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإ ِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ 4:12
يَسْتَفْتُونَكَ قُلِ اللّهُ يُفْتِيكُمْ فِي الْكَلاَلَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌ فَإِن كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِن كَانُواْ إِخْوَةً رِّجَالاً وَنِسَاء فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ يُبَيِّنُ اللّهُ لَكُمْ أَن تَضِلُّواْ وَاللّهُ بِكُلِّ شَيْءٍ عَلِيمٌ 4:176
From my reading the Kalalah "كلالة" means a person "man or woman" who out lived parents and spouse. The Kalalah is a description given to living persons who might or might not have children.
This subject is closely tied to the inheritance law as defined in the Quran and mentioned in two of the three related verses in chapter four, namely verse 4:12 and verse 4:176, listed above for reference.
Please read along to see how I reached this conclusion after a closer review of the related verses.
The term "you ra tho" "يُورَثُ" as in verse 4:12
and if a man being inherited Kalalah "كلالة" or a woman, " وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ ", obviously indicates that there are heirs. So the most important point to make is to identify those heirs.
As per the inheritance verses, children, spouses, parents and siblings are the known heirs. Let us look at the beginning of Verse 4:11 God directs you regarding the inheritance of your children: " يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ ". So let us assume that the heirs in verse 4:12 Kalalah case are children and see if we can eliminate other candidates or not.
Well, the first part of verse 4:12, includes three groups, Husband, wife and children with six logical cases to deal with, they are as follows:
1. A man inheriting his wife with no children his share is 1/2
2. A man inheriting his wife with children his share is 1/4
3. A woman inheriting her husband with no children her share is 1/4
4. A woman inheriting her husband with children her share is 1/8
5. Children inheriting their single Father, Mother died some times ago
6. Children inheriting their single Mother, Father died some times ago
Cases 1 to 4 are very clear tasks, if any case evaluated to true, it gets paid off, then moves to verse 4:11 to evaluate parents share. If there are parents then shares as per verse 4:11 will apply and the case will be closed.
However, since none of the cases above evaluates to true we move to next line in verse 4:12 and if a man being inherited Kalalah "كلالة" or a woman, " وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ ", in this verse God allocates shares to brothers and sisters, to a maximum of 1/3.
Now let us evaluate Cases 5 & 6 where we assumed children are heirs and see why that is the case.
Why the Heirs are the children?
1. Because the Heirs are not spouses since the spouses were dealt with in cases 1 to 4 and none of their cases evaluated to true.
2. Because the Heirs are not parents, since if parents are present, they inherit as per verse 4:11 and the share of brothers and sisters will be as in 4:11 and only if deceased has no children. However, since there are no parents present we are returned to verse 4:12 to continue the evaluation.
3. Because children are the 3rd group mentioned in the 1st part of verse 4:12, cases 5 and 6 that complement the logic of cases 1 to 4.
4. Because verse 4:12 and if a man being inherited Kalalah "كلالة" or a woman, " وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ ", with children are the only logical cases that complement the cases mentioned in verse 4:176 " يَسْتَفْتُونَكَ قُلِ اللّهُ يُفْتِيكُمْ فِي الْكَلاَلَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ" for "كلالة" Kalalah man or woman without children being inherited by siblings.
Conclusion: Kalalah "كلالة" means a person "man or woman" who out lived parents and spouse. The Kalalah is a description given to living persons who might or might not have children.
Therefore if a Kalalah "كلالة" person is out lived by children and siblings, verse 4:12 is applied else if a Kalalah "كلالة" person is out lived only by siblings and no children then verse 4:176 is applied.
Finally, check out the distribution logic as listed below and see if it stands variable cases.
All cases, spouse, parents, siblings and children:
If the deceased has a spouse, the condition defined at the beginning of verse 4:12 are evaluated.
o Case husband no children = 1/2 or 1/4 with children - payoff
o Case wife no children = 1/4 or 1/8 with children - payoff
Remainder: parents second part of verse 4:11 is evaluated.
o Case parents no children = mother 1/3, father 2/3 concluded - payoff
Case siblings = mother 1/6 reduced, siblings 5/6 shared with or without father "للذكر مثل حظ الانثيين" - payoff
o Case parents with children = each 1/6 - payoff
Remainder: to Children, the inheritance to be divided according to the 3 categories at the beginning of verse 4:11. pay off
The term "mima tarak مما ترك", from what he left "or is left" is always correct and applicable after every evaluation.
The Kalalah "كلالة" as in verse 4:12; deceased left no spouse or parents behind, only children.
If the deceased had a brother or a sister then for each is 1/6, if he had more than 2 brothers and sisters then they are all partners in the 1/3. The last part of verse 4:12 is evaluated. - payoff
The balance 2/3 will then be given to the children and will be divided according to the 3 categories at the beginning of verse 4:11. - payoff
The Kalalah "كلالة" as in verse 4:176; deceased left no spouse, parents or children behind.
Verse 4:176 is the only applicable verse, the remainder will be distributed to the near and relatives as known "بالمعروف". - payoff