Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-02a
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The reciter: Ubayd Allah ibn Musa narrated to us, from Isra'il, from Abu Ishaq, from al-Bara' (may Allah be pleased with him), who said: آخر آية نزلت خاتمة سورة النساء : يستفتونك قل الله يفتيكم في الكلالة The last verse to be revealed was the conclusion of Surat al-Nisa: "They seek a ruling from you. Say: Allah gives you a ruling regarding the kalalah.".
The Shaykh : His saying, Exalted is He: The address is to the Messenger (peace and blessings be upon him), meaning they are seeking a ruling from you. The Messenger (peace and blessings be upon him) is a mufti, and Allah the Exalted is a mufti. For this reason He said: [An-Nisa 4:127] So Allah, Mighty and Majestic, is a mufti, and likewise the Messenger is a mufti.
What is the kalalah?
The kalalah is the inheritance of the collateral relatives. That is, the collateral relatives of a person are his kalalah. The evidence for this is that it is derived from the word "iklil" (crown), which is that which surrounds a thing. The evidence for this is also the division that Allah, Glorified and Exalted is He, mentioned, saying: Who can parse "amru"? Who can parse "amru"?
We will parse it, if Allah wills. According to the Basrans, who are the strictest of the grammarians, they say: "Amru" is the subject of a deleted verb, explained by what follows it. The implied meaning is "if a man dies." Did you understand, brother? What did you say? You? Raise your hand? What did you say?
The student: ...
The Shaykh : Just a quick look from you once, did it make you forget the point? The word "the Basrans are strict" has no meaning; this is a comment. But the intended point was missed.
I remember that once, on the roof of the mosque, we were reading to our Shaykh 'Abd al-Rahman (may Allah have mercy on him), and a bird passed by. And we were in the time of summer, so I raised my head like this, just once. He said to me: "The hunt of knowledge is better than the hunt of birds."
This is a word with deep meaning.
In any case, the brother did not miss the hunt just now, because we are not hunting. And yet, he looked.
The Basrans say: "Amru" is the subject of a deleted verb, explained by what follows it, and this is necessary, because "in" is a conditional particle, and the conditional "in" does not enter except upon a verb.
And the Kufans, who are the facilitators and those who make things easy, said: It is permissible to say: "Amru" is the beginning of the sentence, and the clause "he died" is its predicate. And it is permissible to say: "Amru" is the subject of "died," with the subject placed before the verb. And it is permissible to place the subject before the verb.
So their statement is easier; it does not require an implied meaning or anything else.
means he died, [An-Nisa 4:176], okay, does he have a father? He does not have a father. Let us look at the division.
[An-Nisa 4:176] If he had a father, the sister would not inherit anything. So, he has no child and no father.
[An-Nisa 4:176] The child is negated in the second case, and he inherits from her. That is, if she died leaving her brother, he would inherit all the wealth if she had no child.
If he died leaving his sister, she gets half. And the rest is for whom? For the 'asabah (residuary male heirs).
If she died leaving him, he is the 'asib (residuary heir). The wealth is all his.
means the sisters. [An-Nisa 4:176] And the rest is for the 'asib.
[An-Nisa 4:176] Together. [An-Nisa 4:176] Without a fixed share, because they are now 'asabah. Males are 'asabah in their own right, and females are 'asabah through another.
[An-Nisa 4:176] means so that you do not go astray. And this is from His generosity, Mighty and Majestic, that He clarifies the truth for the servants so that they do not go astray from it. [Al-Baqarah 2:282].
As for the saying of al-Bara' (may Allah be pleased with him): "It was the last verse to be revealed", his meaning is the last verse in inheritance, not from the entire Qur'an. Because "lastness" can be relative lastness or absolute lastness. Relative lastness means lastness in relation to something. So the verse of the kalalah at the end of the surah is the last verse in terms of the verses of inheritance and shares.
As for in terms of the entire Qur'an, some scholars said that the last verse is His saying, Exalted is He:[Al-Ma'idah 5:3].
The questioner : ...
The Shaykh : Yes, correct. If he has neither a father nor a mother, they become collateral relatives...
The Shaykh : His saying, Exalted is He:
They ask you for a ruling
يستفتونكSay, "Allah gives you a ruling
قل الله يفتيكمregarding the kalalah
في الكلالةThe kalalah is the inheritance of the collateral relatives. That is, the collateral relatives of a person are his kalalah. The evidence for this is that it is derived from the word "iklil" (crown), which is that which surrounds a thing. The evidence for this is also the division that Allah, Glorified and Exalted is He, mentioned, saying:
If a man dies
إن امرؤ هلكWe will parse it, if Allah wills. According to the Basrans, who are the strictest of the grammarians, they say: "Amru" is the subject of a deleted verb, explained by what follows it. The implied meaning is "if a man dies." Did you understand, brother? What did you say? You? Raise your hand? What did you say?
The student: ...
The Shaykh : Just a quick look from you once, did it make you forget the point? The word "the Basrans are strict" has no meaning; this is a comment. But the intended point was missed.
I remember that once, on the roof of the mosque, we were reading to our Shaykh 'Abd al-Rahman (may Allah have mercy on him), and a bird passed by. And we were in the time of summer, so I raised my head like this, just once. He said to me: "The hunt of knowledge is better than the hunt of birds."
This is a word with deep meaning.
In any case, the brother did not miss the hunt just now, because we are not hunting. And yet, he looked.
The Basrans say: "Amru" is the subject of a deleted verb, explained by what follows it, and this is necessary, because "in" is a conditional particle, and the conditional "in" does not enter except upon a verb.
And the Kufans, who are the facilitators and those who make things easy, said: It is permissible to say: "Amru" is the beginning of the sentence, and the clause "he died" is its predicate. And it is permissible to say: "Amru" is the subject of "died," with the subject placed before the verb. And it is permissible to place the subject before the verb.
So their statement is easier; it does not require an implied meaning or anything else.
If a man dies
إن امرؤ هلكleaving no child
ليس له ولدbut [only] a sister, she will have half of what he left
وله أخت فلها نصف ما تركbut [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child
وله أخت فلها نصف ما ترك وهو يرثها إن لم يكن لها ولدIf he died leaving his sister, she gets half. And the rest is for whom? For the 'asabah (residuary male heirs).
If she died leaving him, he is the 'asib (residuary heir). The wealth is all his.
If there are two
فإن كانت اثنتينthey will have two-thirds of what he left
فلهما الثلثان مما تركIf there are both brothers and sisters
وإن كانوا إخوة رجالا ونساءthe male will have the share of two females
فللذكر مثل حظ الأنثيينAllah makes clear to you [His law], lest you go astray
يبين الله لكم أن تضلواAnd Allah is Knowing of all things.
والله بكل شيء عليمAs for the saying of al-Bara' (may Allah be pleased with him): "It was the last verse to be revealed", his meaning is the last verse in inheritance, not from the entire Qur'an. Because "lastness" can be relative lastness or absolute lastness. Relative lastness means lastness in relation to something. So the verse of the kalalah at the end of the surah is the last verse in terms of the verses of inheritance and shares.
As for in terms of the entire Qur'an, some scholars said that the last verse is His saying, Exalted is He:
This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion.
اليوم أكملت لكم دينكم وأتممت عليكم نعمتي ورضيت لكم الإسلام ديناThe questioner : ...
The Shaykh : Yes, correct. If he has neither a father nor a mother, they become collateral relatives...