Inheritance according to Qur?an

[Mazhar]

Quote from: Mazhar on Today at 02:45:22 PM
Law books do not leave its provisions at the mercy of logic of people like the sniff of dogs. Unless it is described in the book that in such case 2/3 goes to father, saying so is mere presumption void of legality.

Yes they do in fact; there is a question of how would a reasonable wo/man have acted/reacted for most legal issues, including crimnal cases assessed by a jury on presumption of innocence until proven guilty according to ordinay person's logic and common sense.
Salaam

These two quotes are not relevant to each other. The second is about assessment of evidence produced, not about the provisions of law given in the law book.

[Noon waalqalami]

These two quotes are not relevant to each other. The second is about assessment of evidence produced, not about the provisions of law given in the law book.

Clear evidence was already produced for you; not our fault or anyone's that you cannot grasp simple logic.

4:11 ولابويه and to their parents (start case distribution to parents and apply ان IF فان so IF logic)

لكل to each واحد one منهما from them السدس the sixth مما from what ترك left ان IF كان kana/is (masculine) له to person ولد walad/son (if male child)

فان so IF (we are still on parents) لم not يكن was له to person ولد waladun/child وورثه and heirs ابواه person?s parents (if only parents alive) فلامه so to his mother الثلث the third

basic logic if only parents: 1 - 1/3 mother (fixed/stated) = 2/3 father (variable/unstated)

$3000

$1000 or 1/3 mother
$2000 or 2/3 father

likewise apply same logic: if mother & son; if father & son; etc...

1 - 1/6 mother (fixed/stated) = 5/6 son (variable/unstated)
1 - 1/6 father (fixed/stated) = 5/6 son (variable/unstated)

[Mazhar]

Peace Mazhar, replied to what exactly? You like posting and when ask to apply in a real case you have no answers.
Simple example -- person walking down the street has a heart-attack and dies leaves only heirs mother and father.

Please distribute according to Qur'an the deceased persons property worth $300,000? 
What you suggest; consult the dead; try revive back to live, ask what to do with 2/3?

4:11 ولابويه and to their parents (start case distribution to parents)

لكل to each واحد one منهما from them السدس the sixth مما from what ترك left ان IF كان kana/is (masculine) له to person ولد walad/son (if male child)

فان so IF (we are still on parents) لم not يكن was له to person ولد waladun/child وورثه and heirs ابواه person?s parents (if only parents alive) فلامه so to his mother الثلث the third

basic logic if only parents: 1 - 1/3 mother (fixed/stated) = 2/3 father (variable/unstated)

Peace.

Proposition in above quote: A person died all of a sudden, who did not have a son and has living father and mother.

Qur'aan says 1/3rd of the inheritance after discharging his outstanding liabilities is the inalienable right of his mother-not subject to alteration whatever might be the ground realities, reduced to 1/6th if he has sisterd and brothers.

Allah the Exalted has not touched the remaining amount. Sudden death of a man does not imply that now there is none including Courts to decide about the portion regarding which the dead man had the authority to disburse according to his judgment amongst his father and other nearones.
People of family of good repute have the right to modify the Will of the deceased. Why your logic does not accept that they have also the right to decide in case of sudden death without Will?

Who would adjudge to accept the claims of people about outstanding liabilities of the dead man and pay them off from the left property?



   

[Noon waalqalami]

Peace.

Proposition in above quote: A person died all of a sudden, who did not have a son and has living father and mother.

Qur'aan says 1/3rd of the inheritance after discharging his outstanding liabilities is the inalienable right of his mother-not subject to alteration whatever might be the ground realities, reduced to 1/6th if he has sisterd and brothers.

Allah the Exalted has not touched the remaining amount. Sudden death of a man does not imply that now there is none including Courts to decide about the portion regarding which the dead man had the authority to disburse according to his judgment amongst his father and other nearones.
People of family of good repute have the right to modify the Will of the deceased. Why your logic does not accept that they have also the right to decide in case of sudden death without Will?

Who would adjudge to accept the claims of people about outstanding liabilities of the dead man and pay them off from the left property?

Peace -- why are you mindlessly ranting and conjecturing?

Simple freaking case "ONLY" parents; no body else is left other than the "parents" -- distribute the freaking shares!

[Mazhar]

Peace -- why are you mindlessly ranting and conjecturing?

Conjecturing is this, to an extent of turning ears deaf to listen to the commands of Qur'aam.

Quote from: Mazhar on August 05, 2012, 10:12:37 AM
But brother why you conveniently forget that in all the three Verses where Allah the Exalted assigns shares to particular persons in particular situations, the Bequest is the integral part at all places?

Quote from: Mazhar on August 05, 2012, 10:21:33 AM
Thereby, acording to your variable formula, if there is a Will, the Verses are not to be applied. Are you suggesting this?[/quote]

Quote of Noon

Peace, I forget nothing! 4:11 ... من from (means to subtract) بعد after وصية a will يوصي have made بها in it أو or دين judgment

1 - 100% (if left will to distribute the whole) =   0% amount to be distributed
1 -    0% (if deceased has left no will at all) = 100% amount to be distributed

كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأقْرَبِينَ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ

The Oral Bequest in favour of the Mother and Father and the relatively Near Blood relatives, in accordance with the well known norms, has been prescribed-decreed upon you at the point in time when the natural death has approached someone of you people, in case he is leaving behind worldly wealth.
This is mandatory-incumbent upon people who are cautious, heedful and mindful in reverence and fear of Allah the Exalted. [2:180]

However, in case one apprehended inclination or evident injustice by a testator, thereby if he struck a correction amongst them-the beneficiaries and affected party, there shall at all be no blame upon him [since it is not substitution of the Will].
It is a fact that Allah the Exalted is oft the Forgiving-Overlooking, the fountain of Mercy. [2:182]

Man has left worldly wealth.

Left wealth - Outstanding liabilities of the deceased  = Divisible Inheritance

Divisible Inheritance  = 1

a) The shares cut and apportioned by Allah the Exalted from Divisible Inheritance = X
It is called by Allah فَرِيضَةً مِّنَ اللّهِ . Inalienable and unalterable part cut and apportioned by Allah the Exalted.

b) Divisible Inheritance - X = Y   الْوَصِيَّةُ

c) X + Y=1   فَرِيضَةً مِّنَ اللّهِ [/size]. + الْوَصِيَّةُ[/size
Allah the Exalted has covered all possible situations that could exist on ground relating to many many combinations of relatively nearer relatives. Relativity keep shifting to the remotest relationship step by step for which reason Comparitive Noun is used for الْوَصِيَّةُ.

The past conjecturists invented myth of Nasikh and Mansukh. You have gone one step further by declaring the Ayah giving Mandatory Shares apportioned by Allah the Exalted as redundant in case the man left a Will.

[Noon waalqalami]

Conjecturing is this, to an extent of turning ears deaf to listen to the commands of Qur'aam.

Mazhar, first we have to determine if you have a functioning brain.

This is very simple and can get no simpler -- distribute inheritance:

case a. mother and father
mother gets 1/3 and father gets what? hint hint there is exactly 2/3 left!

case b. mother and son
mother gets 1/6 and son gets what? hint hint there is exactly 5/6 left!

Until you answer the above simple brain test everything that you write is irrelevant.
Now there are two options for people to consider in your stubbornness, no answer:

1. you are very dumb and a complete ignorant; probably not case
2. you are too proud to admit an error and on a pompous ego trip

[Mazhar]

Mazhar, first we have to determine if you have a functioning brain.

This is very simple and can get no simpler -- distribute inheritance:

case a. mother and father
mother gets 1/3 and father gets what? hint hint there is exactly 2/3 left!

case b. mother and son
mother gets 1/6 and son gets what? hint hint there is exactly 5/6 left!

Until you answer the above simple brain test everything that you write is irrelevant.
Now there are two options for people to consider in your stubbornness, no answer:

1. you are very dumb and a complete ignorant; probably not case
2. you are too proud to admit an error and on a pompous ego trip

Such stupid propositions can emerge only in a thoughtless brain.
You are presuming as if only three persons are living on Mars, and son died leaving behind a father and mother.
No person on Earth dies or will die without there being his الْأقْرَبِينَ and مَوَالِي to benefit from the left wealth, in order of nearness.

When logic assumes a style of stubborn idiocyncracy, people become blind in addition to deaf ears. Allah the Exalted is more knowledgable what situations can occur on ground. Find your proposition a nonsense thought in vacuum:

وَلِكُلٍّ جَعَلْنَا مَوَالِيَ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ

وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ فَآتُوهُمْ نَصِيبَهُمْ
And We have declared relatives and under patronage persons, in order of relative nearness, for each excluding none deceased man and woman, to benefit partially in that which the Mother and Father, and relatively Nearer Relatives have left behind.
Take note about those whom your right hand had pledged responsibility, therefore, you people grant them their payable obligation-fortune in the inheritance. [R 4:33]

[Noon waalqalami]

Such stupid propositions can emerge only in a thoughtless brain.
You are presuming as if only three persons are living on Mars, and son died leaving behind a father and mother.

I'm not presuming and that is exactly the case; person leaves only inheritors:

case a. father and son   1 - 1/6 father   (fixed) = 5/6 son (variable/unstated)
case b. mother and son 1 - 1/6 mother (fixed) = 5/6 son (variable/unstated)
case c. mother and father   1 - 1/3 mother (fixed) = 2/3 father (variable/unstated)
case d. mother and brother 1 - 1/6 mother (fixed) = 5/6 brother (variable/unstated)

Therefore, since you cannot answer simple questions or refuse to answer; we are left to decide...

1. if you are a complete idiot?
2. if you are a stubborn idiot?
3. if you are a human being?

Logic is not for you since you are wired different and only write needlessly long grammatical expositions of clear, short, precise verses, and instructions; evident when you could not comprehend a simple concept of an IF statement like...

?IF only parents give to the mother 1/3? then you asked from where the father gets 2/3?

Duh!

The difference between humans of intellect and the cattle can be described as such...

The dog pursues a scent and comes to a fork in the road.
The dog sniffs false the 1st path.
The dog will not reason IF NOT 1st THEN logically it's the 2nd!
The dog will need to sniff the 2nd as well to have it register!

[Mazhar]

Reply 197

I'm not presuming and that is exactly the case; person leaves only inheritors:

case a. father and son   1 - 1/6 father   (fixed) = 5/6 son (variable/unstated)
case b. mother and son 1 - 1/6 mother (fixed) = 5/6 son (variable/unstated)
case c. mother and father    1 - 1/3 mother (fixed) = 2/3 father (variable/unstated)
case d. mother and brother 1 - 1/6 mother (fixed) = 5/6 brother (variable/unstated)

Therefore, since you cannot answer simple questions or refuse to answer; we are left to decide...

1. if you are a complete idiot?
2. if you are a stubborn idiot?
3. if you are a human being?

What about the Ayah quoted in Reply 196. Do you not accept it to be the Word of Allah?
For your information  الْأقْرَبِينَ and مَوَالِي both are Plural and in Arabic Waladain is dual not plural-two active participles who participated for the birth of their offspring.
Allah the Exalted says they are plural in number-three minimum and above who will benefit from inheritance of deceased but you are insisting they are only two in all your above imaginary cases a to d.

[Noon waalqalami]

Reply 197



What about the Ayah quoted in Reply 196. Do you not accept it to be the Word of Allah?
For your information  الْأقْرَبِينَ and مَوَالِي both are Plural and in Arabic Waladain is dual not plural-two active participles who participated for the birth of their offspring.
Allah the Exalted says they are plural in number-three minimum and above who will benefit from inheritance of deceased but you are insisting they are only two in all your above imaginary cases a to d.

What about it?

4:32 ولا and not تتمنوا covet ما what فضل favored الله The God به with it بعضكم some of you على over بعض some/others للرجال to the men نصيب a share مما from what اكتسبوا they earned وللنساء and to the women نصيب a share مما from what اكتسبن they earned واسالوا and ask الله The God من from فضله His bounty ان indeed الله The God كان is بكل in every شيء a thing عليما Knowing
4:33 ولكل and for all جعلنا We made موالي heirs مما from what ترك left الوالدان the parents والاقربون and the close relatives والذين and the ones who عقدت aqadat pledged ايمانكم your right hands فآتوهم so give them نصيبهم their share ان indeed الله The God كان is على over كل each شيء a thing شهيدا Witness

It shows that you cannot read or comprehend a simple thing!

IF ONLY two relatives left -- do you think that is not possible?

case: mother and father 1 - 1/3 mother (fixed/stated) = 2/3 father (variable/unstated)

Who is the third -- you, perhaps your housemaid, or the dog?