- 5 -

Imam Nasser Mohammad Al-Yemeni

02 - 07 -1430 AH
25 - 06 -2009 AD
10:51 pm
ــــــــــــــــــ


{And make not haste with the Quran before its revelation is made complete to you, and say: My Lord, increase me in knowledge.}

{ وَلَا تَعْجَلْ بِالْقُرْآنِ مِنْ قَبْلِ أَنْ يُقْضَى إِلَيْكَ وَحْيُهُ وَقُلْ رَبِّ زِدْنِي عِلْما }


In the name of Allah the All Merciful, the Most Merciful, prayer of forgiveness and peace be upon the seal of the prophets and messengers, the illiterate trustworthy prophet and his righteous virtuous family , and the followers to the Truth till Judgement day, and peace be upon the sent ones, and praise be to Allah Lord of the worlds..

:Allah’s peace and mercy on my honorable brother Abd Al-Malik Al-Awqeli, as for your question

Here is the judgement of the True Imam Mahdi from your Lord in what you dispute in this case, by no means and you could never be able altogether to object the True judgement and you would never find straitness in yourselves of what I decided between you with justice so you would submit fully due to the power of the proof from the decisive Quran if you indeed believe in it.

First I give you fatwa about Kalala, and here is the fatwa of Kalala to you with Truth, he is the one whom his siblings inherit him only, so there is no existence for a wife, children, neither his mother nor his father, and his brothers from his mother and his father became the heirs after him also his brothers from his father. As for the brothers from his mother and his father; verily they are his immediate-siblings (from both parents), so Allah apportioned for them two thirds and made them partners in it for the male as much the portion of the two females. Confirming with the word of Allah the Most High: {They ask you for fatwa (decision). Say: Allah gives you fatwa (decision) concerning Kalala. If a man dies (and) he has no son and he has a sister, hers is half of what he leaves, and he shall be her heir if she has no son. But if there be two (sisters), they shall have two-thirds of what he leaves. And if there are brethren, men and women, then for the male is the like of the portion of two females. Allah makes clear to you, lest you err. And Allah is Knower of all things.}Truthful Allah the Great [Al-Nesã`a] 4:176
{يَسْتَفْتُونَكَ قُلْ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ إنْ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَا إنْ لَمْ يَكُنْ لَهَا وَلَدٌ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِنْ كَانُوا إخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الانثيين يُبَيِّنُ اللَّهُ لَكُمْ أَنْ تَضِلُّوا وَاَللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ} صدق الله العظيم [النساء:176].

And remained a one third from the inheritance of Kalala, then Allah gave you fatwa that it should go to his (half) brothers from his father and made with them his (half) brother from his mother from another man if he is present so he would have the sixth of the third, and the remainder of the third should be given to his (half) brothers from his father, and if his (half) brothers from his mother are more than one, then Allah made them partners in the third with his (half) brothers from his father. Confirming with the word of Allah the Most High: {And if a Kalala man or a woman, leaves property to be inherited and he (or she) has a brother or a sister, then for each of them is the sixth; but if they are more than that, they shall be sharers in the third after (payment of) a bequest that may have been bequeathed or a debt not injuring (others). This is an ordinance from Allah: and Allah is Knowing, Forbearing.}Truthful Allah the Great [Al-Nesã`a] 4:12
{وَإِن كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امرأة وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوا أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ وَصِيَّةً مِّنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ} صدق الله العظيم [النساء:12].

Allah did not make equal the share of the heirs brothers/sisters for Kalala of what their brother left (of inheritance) as you say, when I see you setting the two thirds for his immediate-siblings from his father and his mother, thus for his half-brothers from his father and you make them equal with his immediate-brothers from their father in the two thirds while Allah did not make them equal in the Book of Allah, then you give a third that is special for his (half) brothers from his mother and Allah did not send down of an authority about this; in fact Allah judged with justice that the two thirds for his immediate-brothers from his father and his mother those are his immediate-siblings (from both parents) so Allah judged the two thirds for them, as for the remained third verily Allah commanded you to give to his (half) brothers from his mother the sixth of the left third whether they are male or female so you would give to each of them the sixth, then you give the remainder of the third to his (half) brothers from his father unless that if his (half) brothers from his mother are more than one, verily Allah made them partners in the remaining of the third with his (half) brothers from his father, as for his immediate-siblings (from both parents) the whole two thirds is for them that is because they are the immediate-siblings of Kalala from his father and his mother. But you made the dividing of the inheritance of Kalala equally between the immediate-siblings for the male as the portion of the two females just like the heirs after the father (dies), with which Allah did not send down of an authority. So how can you set the heirs of the sibling brother after (death) of their brother that you made his share as the share of his (half) brother from the father and Allah did not send down of an authority in that; in fact Allah divided two thirds purely after the death of the Kalala hen to be given for his brothers/sisters whom are his immediate-siblings from his mother and his father, so if she was a sister for the Kalala after her immediate-brother dies; she should have the one half from the inheritance of her immediate-brother (from her both parents), as for the other half should go to his (half) brothers from his father and to his (half) brothers from his mother from another man, and if he has two sisters the immediate-siblings; then for them is the two thirds, and if his immediate-siblings were males and females verily Allah has made them partners in the two thirds. As for the remained third from the inheritance of the Kalala (at the time of death) surely Allah gave you fatwa about him in another verse in the same topic of the Kalala — in the word of Allah the Most High: {And if a man or a woman, leaves property to be inherited Kalala, and he (or she) has a brother or a sister, then for each of them is the sixth; but if they are more than that, they shall be sharers in the third after (payment of) a bequest that may have been bequeathed or a debt not injuring (others). This is an ordinance from Allah: and Allah is Knowing, Forbearing.}Truthful Allah the Great [Al-Nesã`a] 4:12
{وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ مِنْ بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ وَصِيَّةً مِنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ (12)} صدق الله العظيم [النساء].

Since did not remain from the inheritance of the Kalala — except the third, so Allah commanded you to give the sixth to his (half) brother and his (half) sister from his mother, as for the remainder of the third then you give it to his (half) brothers from his father. As for the True answer for the question my honorable brother abd Al-Malik Al-Awqeli in his question that says: And the True answer: that for the wife is the fourth. Confirming with the word of Allah the Most High: {..and theirs is the fourth of what you leave if you have no child,}Truthful Allah the Great. As for the two sisters they have one half, and as for his two sisters from his mother they have fourth.
{وَلهنّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ} صدق الله العظيم [النساء:12].

Perhaps one of scholars of the audience would like to interrupt me and say: “How can you make for them one half while for them two thirds instead of the word of Allah the Most High: {They ask you for fatwa (decision). Say: Allah gives you a decision concerning Kalala. If a man dies (and) he has no son and he has a sister, hers is half of what he leaves, and he shall be her heir if she has no son. But if there be two (sisters), they shall have two-thirds of what he leaves..}Truthful Allah the Great [Al-Nesã`a] 4:176?”. Then the Imam Mahdi Nasser Mohammad Al-Yemeni replies to him and I say: That’s your judgement with conjecture which does not avail a thing against the Truth by your own-thinking that the Kalala has a wife, while only the person who died is named Kalala whom he has no wife neither children nor parents then inherited him his immediate-brothers from his mother and his father while they his immediate-siblings, and his (half) brothers from his father and his (half) brothers from his mother from another man if they existed, as for if there was not existence for his (half) brothers from his mother then the pure third goes to his (half) brothers from his father, as for the proof that there is no existence for a wife it is in the word of Allah the Most High: {They ask you for fatwa (decision ). Say: Allah gives you a fatwa (decision) concerning the Kalala. If a man dies (and) he has no son and he has a sister, hers is half of what he leaves, and he shall be her heir if she has no son. But if there be two (sisters), they shall have two-thirds of what he leaves..}Truthful Allah the Great [Al-Nesã`a] 4:176
{يَسْتَفْتُونَكَ قُلْ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ إنْ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَا إنْ لَمْ يَكُنْ لَهَا وَلَدٌ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ} صدق الله العظيم [النساء:176]؟"
{يَسْتَفْتُونَكَ قُلْ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ إنْ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَا إنْ لَمْ يَكُنْ لَهَا وَلَدٌ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ} صدق الله العظيم [النساء:176].

So the proof is because (Allah) mentioned to you two thirds of the inheritance of Al-Kalala and it is given to the immediate-siblings from his mother and his father, and since a third remained from the inheritance of Kalala (a person have no spouse neither children nor parents), then Allah increase you details about the remained third from the inheritance of Kalala. And Allah the Most High said: {And if a man or a woman (who has no spouse neither children nor parents), leaves property to be inherited Kalala, and he (or she) has a brother or a sister, then for each of them is the sixth; but if they are more than that, they shall be sharers in the third after (payment of) a bequest that may have been bequeathed or a debt not injuring (others). This is an ordinance from Allah: and Allah is Knowing, Forbearing.}Truthful Allah the Great [Al-Nesã`a] 4:12
{وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ مِنْ بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ وَصِيَّةً مِنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ (12)} صدق الله العظيم [النساء].

So where is the share of the wife in the inheritance of whom he died Kalala surely nothing left because he is not called Kalala except because of lack of presence of a wife, but when there is no son for him you would find Allah say: “If he has no child”, but he perished Kalala in the meaning of that there is no presence of a wife neither children nor parents for him, so his siblings would inherit him, for that you find Allah made the splitting of inheritance of Kalala into thirds, so He set two thirds for the immediate-siblings of Kalala, as for the (other) third He set it for his brothers from his father, also for his brothers from his mother if they are found if not then the (last third) is purely for the immediate-siblings from his father so dividing the inheritance of Kalala is completed, then where is the wife if you are truthful! But if the man perished while he has a wife surely for her from the inheritance of the top fourth as Allah commanded you, then three fourths of the inheritance verily his two brothers immediate siblings would take two fourths, as for the last fourth would be given to his brothers from his father if the were found, and would be added to them a brother or sister for him from his mother, and if there is nor presence for them altogether which means no brothers from a father as well the brothers from a mother from another man and did not inherit him other than his immediate-siblings surely for his wife is the fourth as well, and I can not add over this to make you pleased with me while I violate Allah’s judgement, as for the three fourths would be given to his immediate-siblings because they are entitled with the inheritance of their brother surely they are the guardians of him by blood, as for the relatives from his uncles or (cousins) sons of his uncles (his father’s side) surely Allah has commanded you to give whom of them is present at the division (of the inheritance). Confirming with the word of Allah the Most High: {And when relatives and the orphans and the needy are present at the division, give them out of it and speak to them kind words.}Truthful Allah the Great [Al-Nesã`a] 4:8
{وَإِذَا حَضَرَ الْقِسْمَةَ أُولُو الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينُ فَارْزُقُوهُمْ مِنْهُ وَقُولُوا لَهُمْ قَوْلًا مَعْرُوفًا}صدق الله العظيم [النساء:8].

.Your brother the Imam Mahdi Nasser Mohammad Al-Yemeni

ــــــــــــــــــ

Note: Kalala means a person who has no spouse neither children nor parents
https://nasser-alyamani.org/showthread.php?1497

اقتباس المشاركة 4981 من موضوع مسائل في الميراث..