The Meaning of Kalalah
Machine translationRead the Arabic original
Question:
Honorable Shaykh, I seek Allah's forgiveness. What is meant by kalalah?
Answer:
Kalalah is one who has no father and no son. This is the kalalah: one who has no son, as stated explicitly in the Qur'an.[An-Nisa 4:12] They ask you for a ruling regarding the kalalah in the beginning of the surah, between what is there. Allah the Exalted said: [An-Nisa 4:12] Then He clarified it at the end of the surah: [An-Nisa 4:176] That is, by the explicit text of the Qur'an, he has no son.
As for the father, there is consensus that the father must also be absent, by consensus. The brothers do not inherit alongside the father; they only inherit in the case of kalalah, which is one who has no son and no father. Yes.
When 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 son and no father." Yes.
Honorable Shaykh, I seek Allah's forgiveness. What is meant by kalalah?
Answer:
Kalalah is one who has no father and no son. This is the kalalah: one who has no son, as stated explicitly in 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 يُورَثُAnd 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 وَلَدٌAs for the father, there is consensus that the father must also be absent, by consensus. The brothers do not inherit alongside the father; they only inherit in the case of kalalah, which is one who has no son and no father. Yes.
When 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 son and no father." Yes.
Source
شرح زاد المستقنع [65] — alfawzan.live (1:01:20)
The Arabic text is a machine transcription of the audio recording.