The Meaning of Kalalah
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, what is meant by *kalalah*?
The Shaykh:
*Kalalah* is one who has no father and no child; this is the *kalalah*. One who has no child, this is by the text of the Qur'an,[An-Nisa 4:12]. They seek a ruling from you regarding the *kalalah* at the beginning of the surah, where it says they seek a ruling. Allah the Exalted said, [An-Nisa 4:12], and then He clarified it at the end of the surah, saying they seek a ruling from you, [An-Nisa 4:176].
This is by the text of the Qur'an: he has no child. As for the father, there is consensus that the father must also be absent, by consensus. Yes, because the brothers do not inherit in the presence of the father; this is agreed upon. The brothers do not inherit in the presence of the father; rather, they inherit in the case of *kalalah*, which is one who has no child and no father. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success, you mentioned, may Allah preserve you.
The Shaykh:
Abu Bakr al-Siddiq (may Allah be pleased with him) was asked about the *kalalah*. He said: I will give my opinion in this matter. If I am right, it is from Allah, and if I am wrong, it is from me and from Shaytan. The *kalalah* is one who has no child and no father.
Honorable Shaykh, may Allah grant you success, what is meant by *kalalah*?
The Shaykh:
*Kalalah* is one who has no father and no child; this is the *kalalah*. One who has no child, this is by the text of the Qur'an,
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.
وَإِن كَانَ رَجُلٌ يُورَثُ كَلَالَةًAnd for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.
وَإِن كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌThey request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child
يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌThis is by the text of the Qur'an: he has no child. As for the father, there is consensus that the father must also be absent, by consensus. Yes, because the brothers do not inherit in the presence of the father; this is agreed upon. The brothers do not inherit in the presence of the father; rather, they inherit in the case of *kalalah*, which is one who has no child and no father. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success, you mentioned, may Allah preserve you.
The Shaykh:
Abu Bakr al-Siddiq (may Allah be pleased with him) was asked about the *kalalah*. He said: I will give my opinion in this matter. If I am right, it is from Allah, and if I am wrong, it is from me and from Shaytan. The *kalalah* is one who has no child and no father.
Source
قناة «العلامة الدكتور صالح الفوزان»، 072 من 123 / شرح كتاب زاد المستقنع / الفرائض / صالح الفوزان / الفقه / كبار العلماء — youtube.com (59:23)
The Arabic text is a machine transcription of the audio recording.