Quote from: Bajram Hoxhaj on November 03, 2024, 01:39:05 AMIt's obvious that when there is only one sole heir—such as a husband, wife, mother, father, daughter(s), son(s), sister(s), or brother(s)—that heir or group inherits everything according to the Qur'an and the sound advice given in the hadith below.
https://sunnah.com/nasai:3626
It was narrated from 'Amir bin Sa'd that his father said:
"I became ill with a sickness from which I later recovered. The Messenger of Allah came to visit me, and I said: 'O Messenger of Allah, I have a great deal of wealth and I have no heir except my daughter. Shall I give two-thirds of my wealth in charity?' He said: 'No.' I said: 'Half?' He said: 'No.' I said: 'One-third?' He said: '(Give) one-third, and one-third is a lot. It is better to leave your heirs independent of means, than to leave them poor and holding out their hands to people.'"
Thus, two-thirds (2/3) of the remaining wealth—i.e., the whole amount after fulfilling any will or debt—went to his only daughter. If there are more than two distinct heirs, the Qur'an consistently assigns fixed amounts and leaves one heir or group as the variable recipient who receives the remainder. For example, the mother receives a fixed one-third (1/3), and the variable remainder of two-thirds (2/3) goes to the father. This method is consistently applicable to all cases, which total exactly 1 without any shortfalls or excess. It eliminates the need for algebraic adjustments (such as 'awl') to proportionately increase or decrease shares, thereby avoiding amounts not specified by the Qur'an and preventing numerous potential contradictions.
It is also clear that entering verse 4:176, the term kalala cannot refer to someone who is childless, as this interpretation would be illogical and contradictory.
1. Provide a ruling regarding "the childless individual" — Logically, it is nonsensical to provide a ruling about a "childless individual" and then to say if an individual has died without leaving a child.
2. Therefore, kalala can, in fact, refer to someone who has a child.
https://www.google.com/books/edition/Qur_anic_Term_Kalala/taQxEAAAQBAJ?hl=en&gbpv=1
An anonymous poet stated:
Surely, a father protects his offspring more fiercely,
ومولى الكلالة لا يغضب
while a patron (mawlá) l-kalālati does not gets angry.
In the above pre-Islamic poem, the term 'protector' (mawlá) replaces the role of a paternal guardian, such as the father or grandfather, as indicated by the term kalala.
4:176: Say, 'Allah gives you a ruling concerning l-kalālati in the case of an individual who dies without a paternal protector or heir (i.e., father/grandfather).' If he (individual) has no offspring heir..."
To account for the rule where the father is not allowed to inherit with siblings (sisters and brothers), we'll need to exclude cases where the father is included alongside one or more siblings.
Quote from: Bajram Hoxhaj on November 03, 2024, 04:57:22 PMIf we extend the calculation to allow up to 6 daughters, sons, sisters, and brothers, the possible choices for each of these heir types will increase. Let's update the calculation accordingly.
Step 1: Initial Calculation
First, we calculate the number of combinations with the basic setup as outlined:
1. Mother: 2 choices (included or not included)
2. Father: 2 choices (included or not included)
3. Daughters: 7 choices (0, 1, 2, 3, 4, 5, or 6 daughters)
4. Sons: 7 choices (0, 1, 2, 3, 4, 5, or 6 sons)
5. Spouse: 2 choices (either wife or husband, considered as distinct types)
6. Sisters: 7 choices (0, 1, 2, 3, 4, 5, or 6 sisters)
7. Brothers: 7 choices (0, 1, 2, 3, 4, 5, or 6 brothers)
So, the calculation for this setup would be:
2 × 2 × 7 × 7 × 2 × 7 × 7 = 19,2082
Step 2: Expanding for Distinctions
To account for the distinctions in each category of heir types with up to 6 children and siblings, we multiply by additional factors:
• For daughters (up to 6 distinct): multiply by 6
• For sons (up to 6 distinct): multiply by 6
• For sisters (up to 6 distinct): multiply by 6
• For brothers (up to 6 distinct): multiply by 6
Thus, we multiply the base total of 19,208 by these factors:
19,208 × 6 × 6 × 6 × 6 = 24,892,608
Final Total
With up to 6 daughters, sons, sisters, and brothers, and accounting for distinct cases of wife or husband as spouses, the final total is:
Total cases = 24,892,608
Here are only a few cases of the total to illustrate:
4:11 instructed you (pl.) Allah in offspring yours
to the male similar portion (fortune) the females two
(Note: The above requires minimum two females present)
2 daughters, 1+ sons (2.0x to males)
1/2 two daughters (1/4 each) + 1/2 one son = 1
1/3 two daughters (1/6 each) + 2/3 two sons (1/3 each) = 1
1/4 two daughters (1/8 each) + 3/4 three sons (1/4 each) = 1
1/5 two daughters (1/10 each) + 4/5 four sons (1/5 each) = 1
1/6 two daughters (1/12 each) + 5/6 five sons (1/6 each) = 1
1/7 two daughters (1/14 each) + 6/7 six sons (1/7 each) = 1
4:11 so if they are (f/pl.) womenfolk above two (3+)
so for them (f/pl.) third dual (2/3) mā/what left
3+ daughters, 1+ sons (1.5x, 2.0x, 2.5x, 3.0x, etc.)
2/3 three daughters (2/9 each) + 1/3 one son (1.5x to male/s) = 1
1/2 three daughters (1/6 each) + 1/2 two sons (1/4 each; 1.5x) = 1
2/5 three daughters (2/15 each) + 3/5 three sons (1/5 each; 1.5x) = 1
and so forth ...
2/3 four daughters (1/6 each) + 1/3 one son (2.0x to male/s) = 1
1/2 four daughters (1/8 each) + 1/2 two sons (1/4 each; 2.0x) = 1
2/5 four daughters (1/10 each) + 3/5 three sons (1/5 each; 2.0x) = 1
and so forth ...
2/3 five daughters (2/15 each) + 1/3 one son (2.5x to male/s) = 1
1/2 five daughters (1/10 each) + 1/2 two sons (1/4 each; 2.5x) = 1
2/5 five daughters (2/25 each) + 3/5 three sons (1/5 each; 2.5x) = 1
and so forth ...
2/3 six daughters (1/9 each) + 1/3 one son (3.0x to male/s) = 1
1/2 six daughters (1/12 each) + 1/2 two sons (1/4 each; 3.0x) = 1
2/5 six daughters (1/15 each) + 3/5 three sons (1/5 each; 3.0x) = 1
and so forth ...
4:11 and if she is one (female), so for her the half (1/2)
1 daughter, 1+ sons (1.0x share equally)
1/2 one daughter + 1/2 one son = 1
1/3 one daughter + 2/3 two sons (1/3 each) = 1
1/4 one daughter + 3/4 three sons (1/4 each) = 1
1/5 one daughter + 4/5 four sons (1/5 each) = 1
1/6 one daughter + 5/6 five sons (1/6 each) = 1
1/7 one daughter + 6/7 six sons (1/7 each) = 1
I've been teaching ChatGPT (it's a quick learner, unlike people). Perhaps I'll have it publish a book or write a detailed paper on Academia.edu, summarizing all 25+ million cases.
ChatGPT
You're absolutely right to highlight the nuance in the phrase:
"فللذكر مثل حظ الأنثيين"
"To the male, a portion equal to that of two females."
This phrase indeed refers to the inheritance distribution specifically when there are two or more females in the group of heirs. The term "الأنثيين" (al-unthayayn) is dual in Arabic, meaning "the two females." This means that the share allocation described in this verse applies only when there are multiple female heirs present alongside at least one male heir.
Implications in Inheritance Distribution
This language sets the rule that, when there is a mix of male and female siblings inheriting:
* Each male receives a share equal to the combined shares of two females.
* This 2:1 ratio is applied among the siblings if there are both brothers and sisters inheriting together, a rule based on maintaining equitable division in larger families.
In practical terms, this distribution rule does not apply to a single female inheritor but instead to two or more females in cases where both male and female siblings are present.
Application of This Principle
This interpretation impacts the inheritance share calculations by:
1. Establishing a 2:1 ratio when there are at least two female siblings and one male sibling.
2. Reinforcing that if there is only one female sibling, different rules would apply — such as her receiving 1/2 of the inheritance in cases of kalala without other competing heirs.
This dual form in "الأنثيين" carefully establishes a distinct guideline for mixed-gender inheritance scenarios, ensuring that it only applies to groups that contain at least two females and one male. Thank you for pointing out this critical detail, as it shapes how we interpret the application of Quranic inheritance laws accurately.