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Inheritance according to Qur?an

Started by Noon waalqalami, July 04, 2012, 02:45:51 PM

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Noon waalqalami

Quote from: Mazhar on July 24, 2012, 04:45:57 PM
Two third to progenies since they are more than two daughters in equation of Aulad which is a plural feminine noun to include combination of progenies and to show plurality. Other situations are with regard to duality and singularity. The left over goes to others. If the first pronouncement is not to be given any weight thereby one thinks it is redundant while nothing is redundant.

Excuse me are we solving the right examples?

2 sons, mother, father
2 sons = ?
mother = ?
father = ?


2 sons, 1 daughter, mother, father
2 sons = ?
1 daughter = ?
mother = ?
father = ?

10 sons, 1 daughter
10 sons = ?
1 daughter = ?

Please state which words of what verse that you are using, thank you.

This is serious not like we can agree to disagree and walk off the job; people are waiting for their shares and we still have siblings to also distribute accordingly.

Mazhar

The moment the progeny exceeds one dauhter or one son they fall in the first category---two third is theirs, otherrwise there was no point in determining individual share of a daughter, and then remainder going to others if son is the only progeny.
Pl see the numericals for daughters, it starts 3 or more than three--Kunna already contained plural feminine pronoun as its Noun, its predicate is again plural feminine, and then is over and above two feminine, and lastly is one feminine. Qur'aan is also indicating and correcting stupid concept of people that two women equal a man, or one son is equal to two daughters.   

And see almost the similarity in treatment regarding a daughter and a son. Single Daughter gets, if I use your way of mentioning, 6/12 and son gets the left over 5/12.

What help I was seeking was regarding reproportioning the left over 6/12, when there is only daughter, amongst father, mother, and wife accordingly without disturbing what equation they have amongst them in casr of a single son.
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Noon waalqalami

Quote from: Mazhar on July 24, 2012, 05:32:39 PM
What help I was seeking was regarding reproportioning the left over 6/12, when there is only daughter, amongst father, mother, and wife accordingly without disturbing what equation they have amongst them in casr of a single son.

OK to solve any problem we simplify or break it down to most basic elements/cases.

4:11 ولأبويه and for their parents لكل to each واحد one منهما from them السدس the sixth مما from what ترك left إن if كان kāna/is (masculine singular) له to person ولد walad/son

1 son, mother (this we agree on)
1 - 1/6 mother (fixed/stated) = 5/6 son (variable/dependent)

2 sons, mother ?

Likewise with siblings...

4:11  فإن so if كان kāna/is (masculine singular)  له to person إخوة ikh'wat/brother فلأمه so to his mother السدس the sixth

1 brother, mother
1 - 1/6 mother (fixed/stated) = 5/6 brother (variable/unstated)

2 brothers, mother ?

Mazhar

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Noon waalqalami

Quote from: Mazhar on July 24, 2012, 08:06:09 PM
2/3, 1/3

2 sons, mother ?
2 brothers, mother ?

Your answer 2/3, 1/3 ?

Continue...

4:11 ولأبويه and for their parents لكل to each واحد one منهما from them السدس the sixth مما from what ترك left إن if كان kāna/is (masculine singular) له to person ولد walad/son
4:12 فإن so if كان kāna is (masculine singular) لهن to them ولد walad/son فلكم so to you الربع the fourth
4:12  فإن so if كان kāna is (masculine singular) لكم to you ولد walad/son فلهن so to them الثمن the eight


Is your solution to ignore verses above and evenly distribute all these cases?

2 sons, mother ?
2 sons, father ?
2 sons, wife ?
2 sons, husband ?

2 sons, mother, father ?

2 sons, father, wife ?
2 sons, mother, wife ?
2 sons, father, husband ?
2 sons, mother, husband ?

2 sons, mother, father, wife ?
2 sons, mother, father, husband ?

Likewise with siblings...

4:11  فإن so if كان kāna/is (masculine singular)  له to person إخوة ikh'wat/brother فلأمه so to his mother السدس the sixth
4:176  وإن and if كانوا kānū/they were إخوة ikh'watun/siblings رجالا rijalan ونساء wanisa فللذكر so to the male مثل like حظ share الأنثيين the two (feminine)


2 brothers, 3 sisters, mother ?

The above forces you to follow the directive in 4:176 ratio 2:1 male to female.
Likewise forces you to follow 4:11 1/6 to mother IF brother ELSE not solvable.

Mathematical proof:
1 = mother (if variable) + siblings mixed 2:1 ratio male to female
1 = y + 2x + x
1 = y + 3x (no solution without negative numbers (-2=y, 1=x))

The above is also proof that 4:176 الكلالة al-kalālah is fatherless.

Mazhar

Brother Noon, have you given a thought to this:

The most striking feature of the Inheritance law-injunction is that it is to be distributed according to the Will of Allah the Exalted and the wish of dying person who owns the wealth. Both are mandatory for the bereaved family. Moreover, it is mandatory for the dying person to bequest to dispense justice left to his discretion since he fully knows the ground realities of his kin.
[url="http://haqeeqat.pk/index.htm"]http://haqeeqat.pk/index.htm[/url]

Mazhar

Brother Noon,

I have attempted a draft going by strictly the words and their grammatical structuring. Please see it and advise where you find mistakes and omissions.

Daughter not Son is the central theme of Inheritance. Dying wealthy person is given discretion to bequeath for parents and near blood relatives.
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Noon waalqalami

Quote from: Mazhar on July 27, 2012, 05:05:27 PM
Brother Noon,

I have attempted a draft going by strictly the words and their grammatical structuring. Please see it and advise where you find mistakes and omissions.

Daughter not Son is the central theme of Inheritance. Dying wealthy person is given discretion to bequeath for parents and near blood relatives.

Peace brother Mazhar,

Well written with slight miss-reading of solitary son and applying "to the male like share the two females" and the females in 4:11 are alone, otherwise numerous cases math does not add.

example (person leaves $24k) any mixed children/siblings always use 2:1 ratio ...

children: 1 son 2 daughters
$12k son + $12k 2 daughters ($6k each)
4:11 للذكر to the male مثل like حظ share الأنثيين the two (feminine)

siblings: 1 brother 2 sisters
$12k brother + $12k 2 sisters ($6k each)
4:176 فللذكر so to the male مثل like حظ share الأنثيين the two (feminine)

QuoteThis direction is to meet the situation if solitary son is in the state of being for him-the deceased

Not only applied to solitary son case; more accurately read IF kana/he is (male) to deceased  born...

90:3 ووالد and the begetter وما and what ولد born/begot
19:15 وسلام and peace عليه upon him يوم day ولد born/begot
37:152 ولد born/begot الله The God وإنهم and indeed they لكاذبون surely liars

We obviously cannot use son above; son is ...

9:30 وقالت and said اليهود the Jews عزير Uzair ابن son الله The God وقالت and said النصارى al-nasara المسيح the Messiah ابن son الله The God


$24k to children, husband, and parents

example: 1 son
1/3   or $ 8k parents ($4k each) 4:11 IF male born = TRUE; parent = 1/6
1/4   or $ 6k husband            4:12 IF male born = TRUE; husband = 1/4
5/12  or $10k remainder son

example: 2 sons
1/3   or $ 8k parents ($4k each)
1/4   or $ 6k husband
5/12  or $10k remainder sons ($5k each)

example: 1 son 2 daughters
1/3   or $ 8k parents ($4k each)
1/4   or $ 6k husband
5/12  or $10k remainder children: $5k son + $5k 2 daughters ($2.5k each)
4:11 للذكر to the male مثل like حظ share الأنثيين the two (feminine)

Mazhar

QuoteNot only applied to solitary son case; more accurately read IF kana/he is (male) to deceased  born...

90:3 ووالد and the begetter وما and what ولد born/begot
19:15 وسلام and peace عليه upon him يوم day ولد born/begot [the verb is passive-the day he was born; begot denotes he bacame father of a child]
37:152 ولد born/begot الله The God وإنهم and indeed they لكاذبون surely liars

Sorry Noon, serious mistake----here in all three examples the word is Verb not a noun. In inheritance it is Noun with tanween, signifying solitary son-a son.
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Mazhar

Quotechildren: 1 son 2 daughters
$12k son + $12k 2 daughters ($6k each)
4:11 للذكر to the male مثل like حظ share الأنثيين the two (feminine)
siblings: 1 brother 2 sisters
$12k brother + $12k 2 sisters ($6k each)
4:176 فللذكر so to the male مثل like حظ share الأنثيين the two (feminine)

Equation is given by the words that denote gender, not ecessarily dauther and son. It is the basic key in distribution.
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