Then Allah, Mighty and Majestic, said: "And if a man is to be inherited by kullal or a woman..." If it were a man or a woman, but the report was brought forward: "If a man is to be inherited by kullal."
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The Shaykh : Then Allah, Mighty and Majestic, said: [An-Nisa 4:12] "If it is a man or a woman," but the report was brought forward: "If a man is to be inherited by kullal," meaning his inheritance is by kullal. Kullal refers to the collateral relatives, derived from the word *iklil*, which is the thing that surrounds a thing.
[An-Nisa 4:12] "That is, a man" [An-Nisa 4:12] "and these are the siblings from the mother, by consensus." That is, if a person dies leaving siblings from the mother and his inheritance is kullal, meaning he has no child and no parent, meaning he has no father and no grandfather, and no son and no daughter and no son's son and no son's daughter, then this is the one who is inherited by kullal. Kullal is the one who is not inherited by a child or a parent. If he has siblings from the mother, one gets one-sixth, and two or more get one-third. For this reason, He said: [An-Nisa 4:12].
It is derived from the noble verse that the sister and the brother from the mother are equal in inheritance; the brother is not preferred over the sister. This is unlike full siblings or siblings from the father, for the male has the share of two females. This is because the inheritance of siblings other than from the mother is by *'asabah* (residuary), and the inheritance of siblings from the mother is by fixed share. Therefore, their males and females are on an equal footing.
Now. If a deceased person leaves behind: a brother from the mother and an uncle, how much does the brother from the mother get? One-sixth.
If he leaves behind two brothers and an uncle? One-third.
If he leaves behind a brother from the mother, a sister from the mother, and an uncle? One-third.
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.
وإن كان رجل يورث كلالة أو امرأةAnd if a man or woman
يورث كلالة أو امرأة ولهbut 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
أخ أو أخت فلكل واحد منهما السدس فإن كانوا أكثر من ذلك فهم شركاء في الثلثthen for each one of them is a sixth. But if they are more than two, they share a third
فلكل واحد منهما السدس فإن كانوا أكثر من ذلك فهم شركاء في الثلثIt is derived from the noble verse that the sister and the brother from the mother are equal in inheritance; the brother is not preferred over the sister. This is unlike full siblings or siblings from the father, for the male has the share of two females. This is because the inheritance of siblings other than from the mother is by *'asabah* (residuary), and the inheritance of siblings from the mother is by fixed share. Therefore, their males and females are on an equal footing.
Now. If a deceased person leaves behind: a brother from the mother and an uncle, how much does the brother from the mother get? One-sixth.
If he leaves behind two brothers and an uncle? One-third.
If he leaves behind a brother from the mother, a sister from the mother, and an uncle? One-third.