“(Koran 4:11)
Allah directs you as regards your children's (Inheritance): to the male a portion equal to that of two females: if only daughters, two ormore, Their share is two-thirds of the inheritance; if only one, her, share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the heirs, the mother has a third; if the deceased left brothers the mother has a sixth...
(Koran 4:12)
In what your wives leave, your share is a half, if they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, If ye leave no child; but if ye leave a child, they get an eighth; after payment.”
Now your claim is that, according to the above verses, if a man dies and leaves three daughters, two parents and his wife, three daughters together will receive 2/3 of the share, the parents will receive 1/3 of the share and the wife will receive 1/8 of the share.
If you read the Qur’an in Arabic you will see that at the beginning of 4.11 Allah uses the plural word in Arabic ‘awlaad’ for “…your children’s (inheritance)…” but then Allah uses the singular word in ‘walad’ for “…if the deceased left a child...” Therefore, the above translation, ‘if the deceased left children’, is incorrect as the Qur’an uses the word walad and not awlaad, and walad is the Arabic word for a child, or one child, where as awlaad is the word for more than one child or children. Pickthall and many other Quran translators have given a proper translation.
Now let us look at 4.11 a little closer. We are told that two or more daughters (if and only if the man dies with no sons) will receive 2/3’s of the man’s inheritance. We are also told that the parents will receive a sixth (1/6) of the man’s inheritance if the deceased left a child (not children) (to each, thus we take 1/6 + 1/6 = 2/6 or 1/3). In the example that you provided, there are more than one child. Therefore, the Quran does not fix here the share of the parents as 1/3 in this particular instance. The share of the wife will be 1/8 as per verse 4:12.
Now let us test this out. Let’s use the scenario stated by you. A man dies and leaves behind three daughters, his parents, and a wife. Because we are not told what his parents will get if he haschildren,we must then substitute a variable in place of his parents, and we get the following simple equation: 2/3 (for daughters from verse 4:11) + 1/8 (for wife from verse 4.12) + X (for parents) = 1 (using 1 as 100% the man’s wealth) Let’s solve this.
2/3 + 1/8 = 19/24
19/24 + X = 1
X = 1 – 19/24
X = 5/24
And this works as 2/3 + 1/8 + 5/24 is indeed equal to 1.
I hope that you now understood how to distribute wealth in the given scenario provided by you. Now let us look at the second claim.
You also claim that there is a further discrepancy in this matter in the case of a man who leaves a mother, a wife, and two sisters. You are arguing that if the allotted shares are added up the total exceeds the total estate, i.e, 1/3 (mother) + 2/3 (sisters) + 1/4 (wife) = 5/4 = 1.25 will be more than the available property.
You are again mistaken. To arrive at the said allotted shares, here you refers to the shares allotted in Surah 4, verse 176 of the Qur’an. You have conveniently quoted only part of the verse (“...If it is a man that dies, leaving a sister but not child) Please take the Quran and check what is there in the dotted portion. I will quote for you the entire verse.
“Allah directs (thus) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance: If a woman dies and leaves no child, her brother takes her inheritance: If there are two sisters, they shall have two-thirds of the inheritance. If there are brothers and sisters, the male takes twice the share of the female.
In the above verse, the case described is that of a man who is called in Arabic "kalalah" which is correctly translated by Yusuf Ali as one who leaves "no descendants or ascendants." This ayah refers to a man who leaves neither parent nor child. At the time of his death his mother already lays in her own grave and as such can lay no claim to a share of inheritance. Then how can you come with an example of a man leaving behind a mother, two sisters and wife and then evolve your fantasies based on this verse?( by assufah )
SOURCE :
Refuting the website "1000 Mistakes in the Quran" - Dawah
Mathematical error in hereditary laws?
4:11
Allah instructs you concerning your children - for the male a
portion equal to that of two females. But if there are
women, more than two, then for them two thirds of what he left. And
if there is one, then for her is half. And for his parents, to
each one of them is a sixth of what is left, if
he has a child. But if he does not have a
child and his parents inherit from him,
then for his mother is one third. And if he has
brothers and sisters, then for his mother is a sixth
after any will he has made or any debt. Your parents and your
children – you do not know which of them are nearer to you in
benefit. An obligation from Allah. Indeed, Allah is All-Knowing,
All-Wise.
(Some
non-Muslims wrongly invented and made the assumption that all heirs’
portions should always be “100%”, without increasing or reducing
proportionally, while, for example, if someone is to have 50%, but
there are no other heirs, whom you give the other half to? 50% is
only to be considered if there were other heirs; so if there are no
other heirs, it is obvious that he is to have his 50% increased to
100%. And vice versa, if the heirs exceed 100%, each heir’s portion
is to be proportionally reduced, in order to be 100%, because there
are other heirs; if it was obvious increasing someone’s portion,
then it is also obvious that it must be proportionally reduced)(So,
there are no mathematical errors in hereditary laws in the
Qur’an)(See some examples below)(Allah knows best)
Concerning
the children:
“For
the male a portion equal to that of two females”:
(E.g.
considering 1 son and 2 daughters: 1 son 50%(1/2) + 1 daughter
25%(1/4) + 1 daughter 25%(1/4) = 100%)(Allah knows best)
(E.g.
considering 2 sons and 2 daughters: 1 son 33.34%(1/3) + 1 son
33.34%(1/3) + 1 daughter 16.66%(1/6) + 1 daughter 16.66%(1/6) = 100%.
So, each son has the portion equal to that of two females)(Allah
knows best)
“But
if there are women, more than two, then for them two thirds of what
he left”:
(E.g.
considering 3 daughters, and that there are no other heirs, the
portions are increased proportionally: 1 daughter 33.33%(1/3) + 1
daughter 33.33%(1/3)+ 1 daughter 33.33%(1/3) = 100%)(Allah knows
best)
(E.g.
considering the father, the daughters get the prescribed portions,
and the father gets the remaining portion: 3 daughters 66.67%(2/3) +
father 33.33%(1/3) = 100%)(Allah knows best)
“And
if there is one, then for her is half”:
(E.g.
considering there are no other heirs. The share is increased
proportionally: 1 daughter 100%(1) = 100%)(Allah knows best)
(E.g.
considering the father, the father gets the remaining portion: 1
daughter 50%(1/2) + father 50%(1/2) = 100%)(Allah knows best)
“And
for his parents, to each one of them is a sixth of what is left, if
he has a child”:
(In
this case, the son gets the remaining portion: father 16.67%(1/6) +
mother 16.67%(1/6) + son 66.67%(2/3) = 100%)(Allah knows best)
(E.g.
considering there is a son and daughter, the father and mother get
the prescribed portions, and the son and daughter the remaining one
in the ratio of 2:1: father 16.67%(1/6) + mother 16.67%(1/6) + son
44.44%(4/9) + daughter 22.22%(2/9) = 100%)(Allah knows best)
“But
if he does not have a child and his parents inherit from him, then
for his mother is one third”:
(The
father gets the remaining portion: mother 33.33%(1/3) + father
66.67%(2/3) = 100%)(Allah knows best)
“And
if he has brothers and sisters, then for his mother is a sixth”:
(Mother
16.67%(1/6) + father 83.33%(5/6) = 100%)(The father is not mentioned
in the sentence. In this example, the father blocks brothers and
sisters from receiving any portion. If there was a son, he would also
block brothers and sisters from receiving any portion)(Allah knows
best)
(Considering
full/paternal siblings, the ratio is 2:1: mother 16.67%(1/6) +
full/paternal brother 55.56%(5/9) + full/paternal sister 27.78%(5/18)
= 100%)(Allah knows best)
(An
interpretation of Verse 4:12 is that the maternal siblings get 1/6
(same portion than the mother 1/6), if there are no other heirs,
their portion increase proportionally: mother 33.33%(1/3) + maternal
brother 33.33%(1/3) + maternal sister 33.33%(1/3) = 100%)(Allah knows
best)
(E.g.
considering a paternal brother and maternal sister, the remaining
portion is for the paternal brother: mother 16.67%(1/6) + paternal
brother 66.67%(2/3) + maternal sister 16.67%(1/6) = 100%)(Allah knows
best)
4:12
And for you is half of what your wives leave if they
have no child. But if they have a child, then
for you is a fourth of what they leave,
after any will they have made and of any debt. And for
them is fourth of what you leave, if have no
child. But if you leave a child, then for them is an
eighth of what you leave after any will you have made
and of any debt. And if a man or woman whose
wealth is to be inherited has no parent or child but
has a brother or sister, then for each one of them is
a sixth. But if they are more than that, then they
share a third after any will that may have been
made and of any debt without being harmful. An ordinance from Allah.
And Allah is All-Knowing, All-Forbearing.
A
wive whose wealth is to be inherited:
“And
for you is half of what your wives leave if they have no child”:
(E.g.
considering there are no other heirs, the portion increase
proportionally: husband 100%(1) = 100%)(Allah knows best)
(E.g.
considering husband and parents: husband 50%(1/2) + mother
16.67%(1/6) + father 33.33%(1/3) = 100%)(Allah knows best)
“But
if they have a child, then for you is a fourth of what they leave”:
(In
this example, husband, father and mother get the prescribed portion.
The remaining portion is for the son and daughter in the ratio of
2:1: husband 25%(1/4) + father 16.66%(1/6) + mother 16.66%(1/6) + son
27.78%(5/18) + daughter 13.89%(5/36) = 100%)(Allah knows best)
A
husband whose wealth is to be inherited:
“And
for them is fourth of what you leave, if have no child”:
(E.g.
considering two wives and that there are no other heirs. Their
portions increase proportionally: 1 wife 50%(1/2) + 1 wife 50%(1/2) =
100%)(Allah knows best)
(E.g.
considering the parents, the remaining portion is for the parents.
The mother gets 1/3, according to Verse 4:11, and her portion in this
case is decreased to 1/4, according to relative priority: wife
25%(1/4) + father 50%(1/2) + mother 25%(1/4) = 100%)(Allah knows
best)
“But
if you leave a child, then for them is an eighth of what you leave”:
(In
this example, wife, father and mother get the prescribed portions.
The son and daughter get the remaining portion in the ratio of 2:1:
wife 12.5%(1/8) + father 16.67%(1/6) + mother 16.67%(1/6) + son
36.11%(13/36) + daughter 18.06%(13/72) = 100%)(Allah knows best)
(In
this example, the wife(1/8), 3 daughters(2/3) and parents(1/6) get
the prescribed portion. They exceed 100%, then the portions are
reduced proportionally: wife 11.11%(1/9) + father 14.81%(4/27) +
mother 14.81%(4/27) +3 daughters 59.26%(16/27) = 100%)(Allah knows
best)
Concerning
brothers and sisters (if no parents or child):
“And
if a man or woman whose wealth is to be inherited has no parent or
child but has a brother or sister, then for each one of them is a
sixth”:
(E.g.
in case there is a wife and maternal siblings. 1/6 is for the
siblings and it is increased proportionally. This Verse is
interpreted to be about maternal siblings, while the siblings
mentioned in Verse 4:176 are interpreted to be the full/paternal
ones: wife 25%(1/4) + maternal brother 37.5%(3/8) + maternal sister
37.5%(3/8) = 100%)(Allah knows best)
(E.g.
considering a maternal brother and sister, and one paternal brother:
maternal brother 16.67%(1/6) + maternal sister 16.67%(1/6) + paternal
brother 66.67%(2/3) = 100%)(Allah knows best)
(Note:
This sentence of the Verse is implicitly saying that if there are
parents or child, they block brothers and sisters from receiving any
portion)(Allah knows best)
“But
if they are more than that, then they share a third”:
(E.g.
4 maternal brothers 33.33%(1/3) + 1 paternal brother 66.67%(2/3)
=100%)(Allah knows best)
4:176
They seek your ruling. Say, "Allah gives you a ruling concerning
kalala (one having no descendants or ascendants as heirs).” If
a man died, having no child but a sister, then for her
is half of what he left. And he will inherit from her if she
has no child. But if there were two females, then for them two
thirds of what he left. But if there are brothers and
sisters, men and women, then the male will have the
share of two females. Allah makes clear to you lest you go
astray. And Allah is All-Knower of everything.
Concerning
man or woman having no descendants or ascendants as heirs:
“Then
for her is half of what he left”:
(Paternal
sister 50%(1/2) + husband 50%(1/2) = 100%)(This Verse is interpreted
to be about full/paternal siblings, while the siblings mentioned in
Verse 4:12 are interpreted to be the maternal ones)(Allah knows best)
“And
he will inherit from her if she has no child”:
(Full/Paternal
brother 100%(1) = 100%)(Allah knows best)
(In
this example, the maternal sibling gets the prescribed portion 1/6,
up to 1/3 if more than one maternal sibling. The remaining portion is
for the paternal brother: paternal brother 83.33%(5/6) + maternal
brother 16.67%(1/6) = 100%)(Allah knows best)
“But
if there were two females, then for them two thirds of what he left”:
(E.g.
if there are no other heirs: 1 paternal sister 50%(1/2) + 1 paternal
sister 50%(1/2) = 100%)(Allah knows best)
(2
paternal sister 66.67%(2/3) + 2 maternal sisters 33.33%(1/3) =
100%)(Allah knows best)
“But
if there are brothers and sisters, men and women, then the male will
have the share of two females”:
(Sister
25%(1/4) + sister 25%(1/4) + brother 50%(1/2) = 100%)(Conclusion:
there are no mathematical errors in hereditary laws, in the
Qur’an)(Allah knows best)
Inheritance
calculator:
http://www.inheritancecalculator.net/
by amin
SOURCE :
Mathematical
error in hereditary laws?
http://
004:011 In this and following verses and from 2:180
we learn that priority is given to the will in the
distribution of inheritance. According to these verses,
first the debt is paid and the distribution according to
the will is fulfilled. This Quranic rule allows the
testator and the testatrix to adjust their will depending
on specific conditions and needs of the inheritors or
other personal issues. For instance, one may leave
more inheritance to a daughter whom might be more
in need than the others might. The testator or the
testatrix might leave more to someone who is sick or
handicapped. The Quran, by giving precedence to the
will over the default distribution provides flexibility
and thus accommodates special circumstances.
Unfortunately, unable to comprehend the wisdom
behind this divine arrangement, the followers of
hadith and sunna have abrogated these verses via
hadith fabrications and sectarian rules and thereby
have deprived the so-called Muslims from God's
mercy.
004:012. After paying the debt and distributing the
shares according to the will, the inheritance will be
distributed if the diseased had a mother, father, or
wife, and the rest will be distributed to men and
women according to the instructed ratio. It is
important to remember that the ratio of shares
instructed by the Quran to each other is as important
as their ratio to the whole. In brief, the fractions are
compared both to the whole and to each other. A
deceased person might leave behind hundreds of
combinations of relatives, father or no father, mother
or no mother, son or no son, one son or more sons,
daughter or no daughter, one daughter or more
daughters, brother or no brother, one brother or more
brothers, sister or no sister, one sister or more sisters,
and numerous combinations among them. If the
Quran suggested the fractions as merely their ratio
compared to the whole inheritance, since for each
combination of inheritors the ratios too would need to
be changed, we would need hundreds of verses
detailing the ratio for each combination. However,
when we comprehend that the ratio in suggested
distributions also reflect the amount of inheritance in
proportion to each other, the verses about inheritance
can easily be understood and implemented.
For instance, let us assume that after deducting the
debt and other shares, a man left a 50 thousand dollar
inheritance to his wife and father without specially
allocating the shares. Their shares should be 1/4th and
1/6th, respectively. Thus, the formula would be
(1/4)+(1/6)=50,000. If we find the common
denominator, then we see the ratio of inheritance as
much clearer. When we take the common
denominator, the numerator start to make sense in
comparison to the share of each inheritor and to the
inheritance: (3/12)+(2/12)=50,000. That means, the
wife receives $30,000 and the father receives $20,000
of the inheritance. In sum, to learn the default shares
of inheritors the fractions indicating the shares are
added up and equated to the inheritance. Let's assume
that we are asked to distribute 19 gold pieces among
two people; one will receive 1/5th and the other 1/3rd
.
(k1 + k2 + ... + kn) * x = t
pn = kn * x
k1 = 1/5
k2 = 1/3
(1/3 + 1/5) * x = 19 → x = 19 * 15 / 8
p1 = (1/5) * 19 * 15 / 8 → p1= 7 + 1/8
p2 = (1/3) * 19 * 15 / 8 → p2= 11 + 7/8
The Old Testament does deprive daughters of
inheritance from their parents and favors the first
born against other children. Under the patriarchs, the
property of a diseased father was divided among the
sons of his legal wives and their concubines would
not get a share (Genesis 21:10; 24:36; 25:5). The
Mosaic law made specific regulations regarding the
distribution of real property, giving the eldest son a
larger portion than the rest. Deuteronomy 21:17;
Numbers 27:8; 36:6; 27:9-11. by Edip-Layth
According to this system, there is no mathematical error in the verse. If attention is paid to the verses of Nisa 11-12, the share of the mother, wife and husband is stated in all cases; the existence of other heirs does not eliminate their shares; it just changes the rates. In this case, the shares of these persons should be given first; the rest should be given to the children.
Let's take a look at the popular math error claim;
A man passed away; He left behind three daughters, mother and father, and a wife.
If the order of priority is not followed, there is no share to be given to the spouse.
Now let's do a distribution in this order:
Let the inheritance be 18,000 ₺.
First, the spouse is given 1/8 (2,250). Remaining 15.750 TL, Mom and Dad get 2/6 (5.250). The remaining 10,500 TL, three girls get 2/3 (7000). the remaining 1/3 (3500) is given to those described in the 8th verse of Nisa: relatives, orphans and the poor.
As you can see, there are no mathematical errors. by h. öndeş
Hiç yorum yok:
Yorum Gönder