The inheritance law:A big mistake

In the name of Allah, the Beneficent, the Merciful

Allah recommends you concerning your children: to the male the equivalent of the portion of two females. Then if there be women more than two, then theirs is two-thirds of the inheritance, and if there be one then the half.

The above text is a part of Surah Nisaa (verse 11) that speaks about children's share of inheritance.
At first it says" to the male the equivalent of the portion of two females" and then as a result of this clause, Allah mentions that:" Then if there be women more than two, then theirs is two-thirds of the inheritance, and if there be one then the half".
With attention to the apparent meaning of the verse, it seems that the statement is incomplete and there are two problems here:

1) Although the verse under discussion is related to determination of children's share of inheritance but apparently it only determines the share of daughters and it's silent about the share of the sons.

Therefore, in the Islamic law of inheritance for determining the share of sons, after subtracting the shares of other heirs, the residue is given to them equally or in ratio 2:1 when the sons and daughters are together.

2) In the verse under discussion the share of one daughter and more than two daughters is clear but the verse is silent about the share of two daughters.


But concerning the first problem, I don't see any problem here at all. In fact, the problem is due to our understanding of the verse's text. Surely the lord by the clause; "the male shall have the equal of the portion of two females" says to us the share of the sons but we have not understood it. The answer is so simple that you won't believe it.
In fact, the clause; "the male shall have the equal of the portion of two females" is a simple first-degree equation and the share of the sons is simply calculated by this equation:

(Share of) 1son = (Share of) 2daughter

3daughters = more than two daughters = 2/3
2daughtesr + 1daughter =2/3
1son + 1daughter =2/3

4daughters = more than two daughters = 2/3
2daughters + 2daughters =2/3
2sons or 1son + 2daughter =2/3

Therefore, we saw that how the share of sons is calculated by the above equation. But the root of the problem is unknown or not clearly understood yet.
In the other hand, the statement about the share of one daughter and more than two daughters is clear but the share of two daughters or one son is unclear and we don’t know the answer of the equation.
Why the two daughters' share has not been clearly stated?
I think the silence of the lord about the share of two daughters is intentional and there is a mystery here that has to be unraveled.
There are some explanations given for the share of two daughters which are quite unworthy of divine words. For example:
someone has written that the words; if they are more than two females, means, two females or more; thus this sentence contains the description of the share of two females as well as of more than two. Another writer has said that the share of two daughters is known by analogy from the law concerning two sisters where it apportions two-thirds to them.
Someone else has written:" Let us suppose there is a male and a female heir; according to this verse, the female shall have a third of the estate and the male, the two-thirds - as it is the share of the two females. In other words, two females shall have two-thirds of the inheritance. "
Then how much will be the share of two daughters when there are two females and a male heir?!
What is the priority of that one to this one?
But there is still another explanation about the share of two daughters: a person by the name of "neezam" in his book, al- nakt, has related from Ibn Abbas that the share of two daughters must to be the average of one daughter and tries daughters. However the people that have referred to it aren’t so much but I think it has to be the best answer although I don’t know how we can prove this answer is purpose of God? Is there any way?

I'll get back to you on this one.

Taslim, you are confused about the math as well as the methodology, especially in this part:

"(Share of) 1son = (Share of) 2daughter

3daughters = more than two daughters = 2/3
2daughtesr + 1daughter =2/3
1son + 1daughter =2/3"

Rules of son and daughter differences are beyond just one is to two parts. As far as I know, if there is a son then relatives such as brothers and aunts and cousins of the deceased don't inherit, they do though if there are no sons and only daughter(s). I won't answer though precisely or go further because inheritance laws and calculations are intertwined through several verses and hadiths and it requires a specialized person, and I haven't gone into this in my studies so I don't know. I suggest you ask someone who is experienced or a fatwa website because this is a complex matter.

I do however have a concern, what exactly do you mean by "A big mistake"?

1) Although the verse under discussion is related to determination of children's share of inheritance but apparently it only determines the share of daughters and it's silent about the share of the sons.

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Superficial knowledge can only come from a fraud.

"Then if there be women more than two..." means that if they are exclusively women i.e. no sons.
sources : Tafsir Al Jalalayn.

taslim is a e-crusader spouting same tired nonsense. dont fall for this kafir.

convert said:

taslim is a e-crusader spouting same tired nonsense. dont fall for this kafir.

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dear brother

allah knoweth , you know not

I do however have a concern, what exactly do you mean by "A big mistake"?

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I mean there are many mistakes in the Islamic law of inheritance that has been written by the human. I believe the quran holy book and there isn’t any mistake in it.

taslim said:

...The above text is a part of Surah Nisaa (verse 11) that speaks about children's share of inheritance.

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The Reason Behind Revealing Ayah 4:11





......The wife of Sa`d bin Ar-Rabi` came to Allah's Messenger and said to him,



`O Allah's Messenger! These are the two daughters of Sa`d bin Ar-Rabi`, who was killed as a martyr at Uhud. Their uncle took their money and did not leave anything for them. They will not be married unless they have money.' The Messenger said, `Allah will decide on this matter.'



The Ayah about the inheritance was later revealed and the Messenger of Allah sent word to their uncle commanding him,






«أَعْطِ ابْنَتَيْ سَعْدٍ الثُّلُثَيْنِ، وَأُمَّهُمَا الثُّمُنَ، وَمَا بقِيَ فَهُوَ لَك»

(Give two-thirds (of Sa`d's money) to Sa`d's two daughters and one eighth for their mother, and whatever is left is yours.)''


for details , pl. visit



http://www.tafsir.com/default.asp?sid=4&tid=10535

Edit: See my next post.

aamirsaab said:

Male gets 2/3 (that is, if male gets twice that of female)
Female gets 1/3

In this example we have:
2 females.
1 male.

So we first split the property into 6 portions.

The 2 female heirs get 1 portion each (a total of 2 portions = a third of 6 [2/6 -->1/3])
The male heir gets 4 portions (4 portions = two thirds of 6 [4/6 -->2/3])

Khalas!

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Shouldn't it be male 3, females 1,5 each?

Are you sure you shouldn't split four portions and give two to the male and one to each female? I am not versed in inheritence law like I mentioned, but mathematically it seems the calculation gave the male 4 times as the female not two.

Whatsthepoint said:

Shouldn't it be male 3, females 1,5 each?

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OOOOPs. Yeah just double checked, WTP and Sampharo are correct.

In the example, if you do split the total into 6 portions:
Females would get 1.5 portions each (a third each)
Male would get 3 portions. (Two times the share of ONE female)

Or you could split into 4 portions (as sampharo said)
females get 1 each
male gets 2

Either way would be fine (both should give the same results at the end of the day)

I should mention that the above methods are only true for FIRST sons and daughters (i.e. not step sons/daughters etc ---> that uses a different calculation. This is just extra info for those curious)

aamirsaab said:

Edit: See my next post.

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But my question was not an interrogative question, and I am not waiting for an answer.

taslim said:

But my question was not an interrogative question, and I am not waiting for an answer.

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Ok, so could you perhaps clarify (for me) exactly what the point of this thread was then?

taslim said:

But my question was not an interrogative question, and I am not waiting for an answer.

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Then what is your question? Inheritance law is complex and even though I have been studying Islamic sciences for years, I don't know much in it because it is deep and I usually refer to expert colleagues of mine or teachers about specific situations.

I hope you don't think you spotted a mistake in the methodology of inheritance Shariah law right there from the surface because you would not be able to do so based on superficial personal interpretation of one Quran verse. Did you?

Just wondering...

Sampharo said:

Then what is your question? Inheritance law is complex and even though I have been studying Islamic sciences for years, I don't know much in it because it is deep and I usually refer to expert colleagues of mine or teachers about specific situations.

I hope you don't think you spotted a mistake in the methodology of inheritance Shariah law right there from the surface because you would not be able to do so based on superficial personal interpretation of one Quran verse. Did you?

Just wondering...

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evangelists are known to do such a thing

convert said:

evangelists are known to do such a thing

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I believe my post has answered his confusion, what's the big deal?
The verse "Wa enn konna nesa'an fawqa ethnatayn..." refers to the situation when there are no male children, to the end of the ayah is all about the situation when its only females.

Therefore the rule is

male x
female 0.5x

such that num_of_male*x + num_of_female *0.5x = Total.

Now if there are no males it gets complicated, and that is what the verse talks about.

aamirsaab said:

Ok, so could you perhaps clarify (for me) exactly what the point of this thread was then?

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I told apparently it seems that verse only determines the share of daughters and it's silent about the share of the sons. Therefore, in the Islamic law of inheritance for determining the share of sons, after subtracting the shares of other heirs, the residue is given to them equally or in ratio 2:1 when the sons and daughters are together.
But the lord has determined the share of the sons as clear as other heirs but we have not understood it.
When the lord says: "to the male the equivalent of the portion of two females" we can calculate the share of sons simply, isn’t it?

(Share of) 1son = (Share of) 2daughters

3daughters = more than two daughters = 2/3
2daughtesrs + 1daughter =2/3
1son + 1daughter =2/3

4daughters = more than two daughters = 2/3
2daughters + 2daughters =2/3
2sons or 1son + 2daughter =2/3
In the other hand
Y=2x
3x=2/3 then 2x + x = 2/3 then y + x=2/3
where y is son and x is daughter

As a student of islamic shariah i have studied the knowldge of islamic inheritance and yes as someone mentioned it is a complex subject which cannot be understood just like that but requires taking out time and studying under a qualified teacher just as the noble sahabah studied inheritance from the holy prophet (peace be upon him).
We must remember also the verse:

إِنَّ اللَّهَ لَا يَسْتَحْيِي أَنْ يَضْرِبَ مَثَلًا مَا بَعُوضَةً فَمَا فَوْقَهَا فَأَمَّا الَّذِينَ آمَنُوا فَيَعْلَمُونَ أَنَّهُ الْحَقُّ مِنْ رَبِّهِمْ وَأَمَّا الَّذِينَ كَفَرُوا فَيَقُولُونَ مَاذَا أَرَادَ اللَّهُ بِهَذَا مَثَلًا يُضِلُّ بِهِ كَثِيرًا وَيَهْدِي بِهِ كَثِيرًا وَمَا يُضِلُّ بِهِ إِلَّا الْفَاسِقِينَ (26)

002.026
YUSUFALI: Allah disdains not to use the similitude of things, lowest as well as highest. Those who believe know that it is truth from their Lord; but those who reject Faith say: "What means Allah by this similitude?" By it He causes many to stray, and many He leads into the right path; but He causes not to stray, except those who forsake (the path),-
now going back to the question, unfortunately i will not be able to explain all the rules of inheritance however i will try to clear up some misunderstandings inshallah.

The daughter of the deceased has 3 possiblities:

1. she is the sole inheritor in this case she will recieve half of the deceaseds wealth.

وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُif only daughters, two or more, their share is two-thirds of the inheritance;

2. there r 2 or more daughters only in this case they will both share 2/3 of the wealth.

فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ
if only one, her share is a half.

3.there is a son with the daughter (i.e. 1 or more daughters)

يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ 004.011
YUSUFALI: Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females:

The cases for the daughters doenst go out of these three.
hope that helps

caller said:

As a student of islamic shariah i have studied the knowldge of islamic inheritance and yes as someone mentioned it is a complex subject which cannot be understood just like that but requires taking out time and studying under a qualified teacher just as the noble sahabah studied inheritance from the holy prophet (peace be upon him).

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Thank you for that. Did you understand however from Taslim's question WHAT is it that he's actually querying about and considered it "A Big Mistake"?

Also Can you also please confirm whether outside relatives inherit if there is a son? I mean when a rich man has a daughter, his brothers and sisters have a share, but if he has a son, only the immediate wife and son inherit, right?

Wa Baraka Allahu feek ya akhy