Quote from: Emre_1974tr on September 09, 2024, 06:04:55 AMI translated my article with the machine/AI.
Resolution of Heritage Verses
Each of the heritage verses, Nisa 11, 12 and 176, actually offers separate formulas for individual situations. In fact, each sentence in these verses mentions a separate situation and formula in its own right...
When I was researching it online, I saw that there were people who noticed and said that these three verses gave separate formulas in them. But as I said, not only the verse, but also every sentence in the verses also mentions a different situation and sharing in its own right. Each sentence is a separate list of heirs and the proportions they will receive.
Whoever's mentioned in the sentence, they're the only heirs. So either they're alive, or they're still being inherited, even if they're others.
Therefore, in fact, there is no ratio to each other, common formula, hunting, as the sects practice. In Nisa 11, for example, "If there are more than two women, they own two-thirds of what the deceased leaves." is a separate formula alone (if only girls are heirs and more than two girls, this rate applies, or else it is not in other stylish and circumstances).
And so the stones are in place. In any case, it's enough. Not only is there increased inheritance in some cases, but there is also who will be given this increased amount in light of the verses. (E.g. Verse 8 of Nisa...)
Now let's write verses Nisa 11, 12, and 176 describing this heritage share and then provide an example of analysis through one:
Nisa
4:11 God directs you regarding the inheritance of your children: "To the male shall be as that given to two females. If they are women, more than two, then they will have two thirds of what is inherited. And if she is only one, then she will have one half. And to his parents, each one of them shall have one sixth of what is inherited, if he has a child. If he has no child and his parents are the heirs, then to his mother is one third; if he has siblings then to his mother is one sixth. All after a will is carried through or a debt. Your parents and your children, you do not know which are closer to you in benefit, a directive from God, for God is Knowledgeable, Wise."
4:12 And for you is half of what your wives leave behind if they have no child; but if they have a child then to you is one quarter of what they leave behind. All after a will is carried through or a debt. And to them is one quarter of what you leave behind if you have no child; but if you have a child then to them is one eighth of what you leave behind. All after a will is carried through or a debt. And if a man or a woman who is being inherited has no ascendants, but has a brother or a sister, then to each one of them is one sixth, but if they are more than this then they are to share in one third. All after a will is carried through or a debt, which does not cause harm. A directive from God, and God is Knowledgeable, Compassionate.
4:176 They seek a ruling from you, say: "God gives you the ruling for those who have no ascendants. If a person passes away and has no children but has a sister, then she shall receive half of what he leaves behind; and he will inherit from her if she has no child. However, if he has two sisters, then they will receive two thirds of what he left behind; and if he has siblings, men and women, then the male shall receive twice what the female receives." God makes clear to you that you do not stray; God is aware of all things.
***
As an example, let's open up the information given in verse 11.
I have said that each of these verses, let alone each sentence in them, offer separate formulas for different situations. Let's present his analysis:
Nisa
11. "Allah advises you regarding your children: For the male, the share of two females."
That is, if the heirs consist of only children and there are both male and female children, male children will receive 2 units, while female ones will receive 1 unit.
Briefly, with an example, if there is 300 L. inheritance and a man and a woman have children, the male will receive 200 L. and the woman will receive 100 L.
"If they are more than two women, they have two-thirds of what the deceased left."
So if they only have daughters as inheritors and their number is more than two, they have two-thirds of the inheritance. Here I would like to draw your attention again; The desired here is for girls to receive two-thirds only and only in this case. Otherwise, there is no such share in other terms and conditions.
(By the way, considering the statement in verse 176, if the inheritors are 2 girls, these 2 people share two thirds).
If we continue with the 300 L. example, they only have girls and if they are more than two, they share 200 liras among them.
"If the child is just a woman, he owns half the inheritance."
As stated in the continuation sentence in the verse, if the deceased left only a single daughter she could receive half of the inheritance.
Again, if we go over 300 Lira, 150 Lira means this one girl child.
"If the deceased has a child, he will have a sixth share for each of the parents as he left them behind."
We understand from this statement that this time the heir has left his parents behind as well as his children, and that's why they have a share (one sixth for each ...).
Of the 300 lira, 50 lira belongs to the mother, 50 lira to the father, and the remaining is the children.
"If the deceased has no children and his parents have inherited him, then his mother is one third."
In this sentence in Nisa 11 verse, it is mentioned that "only the mother and father are inheritors". So this time there are no children, only the parents of the deceased are inheritors (even if there are siblings or something left behind, they are not inheritors).
In this case, the mother received a third. Since the share rate is not given although the father is mentioned in the sentence, the remaining two thirds means your father.
In this case, the mother receives 100 Liras of 300 Liras, while the father receives 200 Liras.
"If he has siblings, his mother's share is one-sixth of what is left of his will and debt."
If the deceased has a mother but does not have a father and also has siblings, the share of the mother decreases to one in six. The rest are shared by the brothers. But let's repeat, if the father had also been the father, only the mother and father would have received the estate, and the siblings would not have their share ... (And as it is understood from the verses, if the deceased has a child, the siblings cannot get a share.)
Likewise, in verses 12 and 176, special cases and formulas are mentioned, sentence by sentence. For example, if the deceased left a spouse in verse 12, verse 176 tells how the division would be if only siblings / siblings left behind, and as I said, each sentence in these verses contains a list of heirs and a formula.
If you wish, let us briefly examine the verse 176 of Nisa in this context:
4:176 They seek a ruling from you, say: "God gives you the ruling for those who have no ascendants. If a person passes away and has no children but has a sister, then she shall receive half of what he leaves behind; and he will inherit from her if she has no child. However, if he has two sisters, then they will receive two thirds of what he left behind; and if he has siblings, men and women, then the male shall receive twice what the female receives." God makes clear to you that you do not stray; God is aware of all things.
Here, too, "if only siblings are heirs", it is explained what the proportions are and of course, each sentence offers a separate list and a separate formula:
If the heir is only 1 sister, half of the inheritance,
If the heir is 1 brother, he takes all of the inheritance,
If 2 sisters are heirs, they get two-thirds,
If only the siblings are inheritors and they are men and women, that is, of both sexes, they share the entire estate as one (female) and two (male).
By the way, we indirectly understand from these verses that if there are only many brothers left, these sisters will receive the entire inheritance, or if there are more than two sisters (referring to verse 11), these sisters will receive two-thirds of the inheritance (equally divided among themselves).
If you read verses 11 and 176 of Nisa one after the other, you will see that the rates given to boys and girls only when children are inheritors in verse 11 are exactly the same as those given to brothers and sisters when only brothers are inheritors in verse 176.
(Incidentally, let us state that the siblings mentioned in one sentence of Nisa 12 verse and the deceased's spouse are the heirs. But in this verse 176, "only brothers" are heirs.)
In summary: In verse 11, there is no spouse, while in verse 12, there is a spouse, verse 176 tells how to make a taksim when there are only brothers.
***
And as it is known, what is essential is the testament according to the verses, and these rates are for the division of the remaining property after the will is fulfilled and the debts, if any, are paid.
As you can see, there are none of the problems such as insufficient inheritance or courtyard. The verses describe the sharing of heritage in a flawless manner. The important point here is to be able to see that each sentence gives a separate formula according to a separate list of heirs. In other words, each sentence in the verses gives a unique list of heirs and tells what the heirs will receive in this case.
While solving problems related to inheritance sharing, it is checked who the surviving heirs are, and the inheritance is divided by determining which sentence of the verses related to inheritance.
As an example, let's solve the question involving 3 famous girl heirs.
"A man dies and leaves behind a mother, a father, three daughters and a wife. How will the heritage be shared? ".
Since both the spouse and the children are inheritors here, the fourth sentence of Nisa 12 verse describes the relevant section (each sentence of this verse describes what should be done if there is a surviving spouse):
". And to them is one quarter of what you leave behind if you have no child; but if you have a child then to them is one eighth of what you leave behind"
According to this sentence, if the man leaves his wife behind and has children, only these people can be inheritors. His wife gets one eighth of the estate, and the children get seven eight . Even if the deceased has a mother, father or siblings, he cannot get a share in this case.
***
As I said, each sentence gives a separate heir list and formula, and as you can see, inheritance is always enough.
Increasing inheritance is in question only in some cases, again, as I mentioned at the beginning of my article, there are verses containing signs that show who this increased heritage can be given ... For example:
4:8 And if the distribution is attended by the relatives and the orphans and the needy, then you shall give them part of it and say to them a kind saying.
http://emre1974tr.blogspot.com/2014/08/miras-ayetlerinin-cozumu.html
Now let GPT-4 translate this article of mine:
Resolution of the Inheritance Verses
Each of the inheritance verses, Nisa 11, 12, and 176, actually provides separate formulas for different situations. In fact, each sentence within these verses also discusses a separate situation and formula on its own.
While researching online, I noticed that there are some who point out that these three verses offer distinct formulas within themselves. However, as I mentioned, it's not just the verses; each sentence within them also refers to a different situation and distribution. Each sentence lists a different group of heirs and the proportions they will receive.
Whoever is mentioned in the sentence are the only ones considered heirs. This means either they are the only ones alive, or even if there are others, they are the only ones eligible to inherit.
Because of this, there is actually no need for cross-ratios, common formulas, or the practice of awl as applied by the schools of thought. For instance, the phrase in Nisa 11, "If there are more than two females, two-thirds of what the deceased leaves belongs to them," is a standalone formula (this ratio applies only if the heirs are daughters and there are more than two of them; it does not apply in other cases and conditions).
And thus, the pieces fall into place. In every situation, the inheritance is sufficient. In some cases, there is surplus inheritance, but the verses also shed light on who the surplus amount should go to (for example, Nisa
.
Now, let's list the verses Nisa 11, 12, and 176 that discuss this inheritance distribution, and then present a sample analysis based on one of them:
Nisa
11. Allah instructs you concerning your children: For the male, a share equal to that of two females. But if there are more than two females, their share is two-thirds of what the deceased leaves. If there is only one female, her share is half. For parents, a sixth share of the inheritance each, if the deceased left children. If the deceased left no children and the parents are the heirs, the mother receives a third. If the deceased had siblings, the mother gets a sixth. This division is after the payment of bequests or debts. You do not know which of them, your parents or your children, are nearest to you in benefit. This is an obligation from Allah. Allah is All-Knowing, All-Wise.
12. For you is half of what your wives leave if they have no child. But if they have a child, you get a quarter of what they leave, after payment of bequests or debts. Your wives get a quarter of what you leave if you have no child. But if you have a child, they get an eighth of what you leave, after payment of bequests or debts. If the man or woman whose inheritance is in question has neither ascendants nor descendants, but has a brother or a sister, each one of them gets a sixth. But if there are more than two siblings, they share in a third, after payment of bequests or debts, with no harm to anyone. This is a command from Allah. Allah is All-Knowing, Most Forbearing.
176.They ask you for a legal ruling. Say, "Allah gives you a ruling concerning one who has neither parents nor children: If a man dies leaving no child but has a sister, she will receive half of what he leaves, and he will inherit from her if she has no child. If there are two sisters, they will receive two-thirds of what he leaves. If there are both brothers and sisters, the male will have the share of two females." Allah makes clear to you, lest you go astray. And Allah is Knowing of all things.
Let's break down the information provided in verse 11 as an example.
I mentioned that each of these verses, and even every sentence within them, presents distinct formulas for different situations. Let's offer a breakdown:
An-Nisa 11:
"Allah instructs you concerning your children: for a male, a share equivalent to that of two females."
This means if the heirs consist solely of children, and both male and female children are present, the male children will receive two portions while the female children will receive one portion.
In a simple example, if there is an inheritance of 300 Lira and there is one male and one female child, the male would receive 200 Lira, and the female would receive 100 Lira.
"If there are more than two females, they shall have two-thirds of what the deceased leaves."
In this case, if the heirs consist only of female children and there are more than two of them, two-thirds of the inheritance will belong to them. I would like to emphasize again that this rule applies strictly when there are more than two female children. In other scenarios or under different conditions, this share is not applicable.
(Also, considering the statement in verse 176, if there are only two female heirs, they jointly share two-thirds.)
Continuing with the 300 Lira example, if only female children are heirs and there are more than two of them, they will share 200 Lira among themselves.
"If there is only one female child, she shall have half the inheritance."
As stated in this continuation of the verse, if the deceased leaves behind only one female child (or if there are others, but she is the only one entitled to inherit), she will receive half of the inheritance.
Using the 300 Lira example again, 150 Lira will belong to this single female child.
"If the deceased has children, each parent will receive one-sixth of what is left."
From this statement, we understand that in this case, the deceased has left behind both children and parents, so they also receive a share (one-sixth each).
Out of 300 Lira, 50 Lira will go to the mother, 50 Lira to the father, and the remainder will go to the children.
"If the deceased has no children and the parents are the heirs, the mother receives one-third."
This sentence within verse 11 of An-Nisa refers to the situation where "only the parents are heirs." In this case, there are no children, and only the deceased's parents are heirs (even if there are siblings, they are not entitled to inherit in this scenario).
In this situation, the mother receives one-third of the inheritance. Although the father is mentioned in the sentence, no specific share is assigned to him, so the remaining two-thirds belong to the father.
In this case, the mother receives 100 Lira from 300 Lira, while the father receives 200 Lira.
"If the deceased has siblings, the mother's share is one-sixth of what is left after any bequests and debts are fulfilled."
If the deceased has a mother but no father, and there are siblings, the mother's share is reduced to one-sixth. The remainder is divided among the siblings. However, if the father were present, only the mother and father would inherit the estate, and the siblings would not receive anything (as we understand from the verses, if the deceased has children, the siblings do not inherit either).
Similarly, verses 12 and 176 describe special conditions and formulas sentence by sentence. For instance, verse 12 talks about how inheritance is distributed if the deceased leaves behind a spouse, and verse 176 explains how it is distributed if the deceased leaves behind only siblings. Again, each sentence in these verses contains a distinct list of heirs and formula for inheritance.
Let's briefly examine An-Nisa 176 in this context:
176 They ask you for a ruling. Say: "Allah gives you a ruling concerning those who leave neither descendants nor ascendants as heirs: If a man dies leaving no children but has a sister, she will inherit half of what he leaves. And a man inherits all of what his sister leaves if she dies childless. If there are two sisters, they will inherit two-thirds of what he leaves. If there are both brothers and sisters, the male will receive the share of two females. Allah makes this clear to you, so you do not go astray. Allah has knowledge of all things."
Here, the inheritance shares are detailed if only siblings are the heirs, and, of course, each sentence presents a distinct list and formula:
If the heir is only one sister, she receives half the inheritance.
If the heir is one brother, he receives the entire inheritance.
If the heirs are two sisters, they receive two-thirds of the inheritance.
If there are both male and female siblings, they share the estate, with the male receiving the portion of two females.
As an example, let's elaborate on the information provided in verse 11.
I mentioned that each of these verses, and even every sentence within them, offers distinct formulas for various situations. Let's present an analysis:
An-Nisa (Chapter 4, Verse 11):
"Allah instructs you concerning your children: For a male, what is equal to the share of two females."
In other words, if the heirs consist solely of children and there are both male and female children, the male child will receive two units, while the female child will receive one unit.
In short, if there is a 300 Lira inheritance and one male and one female child, the male will receive 200 Lira, and the female will receive 100 Lira.
"If there are more than two females, they share two-thirds of what the deceased leaves."
This means if the heirs are only daughters and their number exceeds two, two-thirds of the inheritance will belong to them. I want to emphasize again that this rule—daughters receiving two-thirds—applies only in this specific scenario. It does not apply under other conditions. (Additionally, if we consider the statement in verse 176, if there are two female children, they will also share two-thirds.)
Continuing with the 300 Lira example: if there are only daughters, and their number exceeds two, they will share 200 Lira among themselves.
"If there is only one female child, her share is half."
As stated in this part of the verse, if the deceased leaves only one daughter (or if she is the sole inheritor), she will receive half of the inheritance.
Continuing with the 300 Lira example: 150 Lira will belong to this one daughter.
"For parents, a sixth share of the inheritance to each if the deceased left children."
This means that in this case, the deceased left behind both children and parents, so each parent is entitled to a sixth of the inheritance.
From 300 Lira, 50 Lira will go to the mother, 50 Lira to the father, and the rest to the children.
"If the deceased left no children and only the parents inherit, then for the mother a third."
This sentence from verse 11 refers to the situation where only the parents are the heirs. In this case, the deceased has no children, and only the mother and father are heirs (if there are siblings, they are not heirs in this situation).
In this case, the mother will receive one-third. Since the father is mentioned in the sentence without specifying his share, we can infer that the remaining two-thirds belong to the father.
Thus, in this scenario, the mother will receive 100 Lira, and the father will receive 200 Lira from the 300 Lira inheritance.
"If the deceased left siblings, the mother receives a sixth after the fulfillment of any bequest and debts."
If the deceased left behind siblings and only the mother (but not the father), the mother's share will decrease to one-sixth. The rest will be divided among the siblings. However, if the father were still alive, the inheritance would be shared only between the parents, and the siblings would not inherit anything (as the verses make clear, if the deceased left children, the siblings also do not inherit).
Similarly, in verses 12 and 176, distinct conditions and formulas are mentioned in each sentence. For example, verse 12 discusses how the inheritance is to be divided if the deceased leaves behind a spouse, while verse 176 explains how it is to be divided if only siblings are left behind. As I mentioned, each sentence in these verses contains a distinct list of heirs and a corresponding formula.
Let's also briefly examine verse 176 in this context:
"They ask you for a ruling. Say: Allah gives you a ruling concerning one who has neither parents nor children: If a man dies and leaves behind a sister, she will inherit half of what he leaves. If a sister dies and has no children, her brother will inherit all of her estate. If there are two sisters, they will inherit two-thirds of the estate. If there are male and female siblings, the male inherits twice the share of the female. Allah makes this clear to you so that you do not go astray. Allah knows all things."
Here, too, the verse explains the ratios when "only siblings are heirs," and each sentence provides a distinct list and formula:
If there is only one sister as the heir, she receives half; If there is one brother as the heir, he receives the entire inheritance; If there are two sisters, they will share two-thirds; If there are both male and female siblings as heirs, the estate is divided in a 1:2 ratio (female
).
Moreover, we infer from these verses that if only multiple male siblings are left behind, they will inherit the entire estate, or if only more than two female siblings are left (referencing verse 11), they will inherit two-thirds of the estate, dividing it equally among themselves.
If you read verses 11 and 176 together, you will notice that the shares given to male and female children when only children are heirs in verse 11 are identical to the shares given to male and female siblings when only siblings are heirs in verse 176.
(It's worth noting here that in one sentence of verse 12, both the deceased's spouse and siblings are mentioned as heirs, while in verse 176, "only siblings" are heirs.)
In summary: Verse 11 discusses inheritance when the deceased has no spouse, verse 12 discusses inheritance when the deceased has a spouse, and verse 176 discusses inheritance when the deceased has only siblings.
And as is well known, the default rule in the verses is the fulfillment of any bequest, and these shares apply to what remains after any bequest and debts have been fulfilled.
As seen, there is no actual issue of insufficient inheritance or problems like 'awliyah (insufficient estate for shares). The verses provide a flawless explanation of inheritance division. The key point here is recognizing that each sentence provides a distinct list of heirs and a corresponding formula. Each sentence in the verses gives a unique list of heirs and explains what each heir will receive.
When resolving inheritance issues, you should look at who the remaining heirs are and determine which sentence of the inheritance verses applies to this particular situation, then distribute the inheritance accordingly.
Let's solve the well-known case involving three daughters as an example.
"A man dies, leaving behind a mother, father, three daughters, and a spouse. How is the inheritance to be distributed?"
Since both the spouse and the children are heirs in this case, the fourth sentence of verse 12 describes the relevant division (each sentence in this verse explains what to do when the deceased leaves behind a spouse):
"If you have children, then after any bequest and debt has been fulfilled, one-eighth of what remains is for your wives."
According to this sentence, if the man leaves behind his spouse and children, only these individuals are heirs. His wife will receive one-eighth of the estate, and the remaining seven-eighths will go to the children. The deceased's parents or siblings do not inherit in this case.
As I mentioned, each sentence provides a distinct list of heirs and a corresponding formula, and as we can see, the inheritance is always sufficient.
There are only certain cases where there may be surplus inheritance. As I mentioned at the beginning of my writing, there are verses that provide clues as to who can receive this surplus inheritance. For example:
An-Nisa (Chapter 4, Verse
: "And when [other] relatives, orphans, and the poor are present at the time of division, provide for them from it and speak to them words of kindness and justice."
Peace and love.
