Author Topic: Resolution of Heritage Verses  (Read 2786 times)

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Offline Emre_1974tr

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Resolution of Heritage Verses
« on: August 01, 2021, 04:08:51 PM »
I translated my article with the machine. But of course machine translation can make many mistakes, but you can generally understand what I am talking about in my article.

Resolution of Heritage Verses

Each of the heritage verses, Nisa 11, 12 and 176, actually offers separate formulas for individual situations. In fact, each sentence in these verses mentions a separate situation and formula in its own right...

When I was researching it online, I saw that there were people who noticed and said that these three verses gave separate formulas in them. But as I said, not only the verse, but also every sentence in the verses also mentions a different situation and sharing in its own right. Each sentence is a separate list of heirs and the proportions they will receive.

Whoever's mentioned in the sentence, they're the only heirs. So either they're alive, or they're still being inherited, even if they're others.

Therefore, in fact, there is no ratio to each other, common formula, hunting, as the sects practice. In Nisa 11, for example, "If there are more than two women, they own two-thirds of what the deceased leaves." is a separate formula alone (if only girls are heirs and more than two girls, this rate applies, or else it is not in other stylish and circumstances).

And so the stones are in place. In any case, it's enough. Not only is there increased inheritance in some cases, but there is also who will be given this increased amount in light of the verses. (E.g. Verse 8 of Nisa...)

Now let's write verses Nisa 11, 12, and 176 describing this heritage share and then provide an example of analysis through one:

Nisa

4:11 God directs you regarding the inheritance of your children: "To the male shall be as that given to two females. If they are women, more than two, then they will have two thirds of what is inherited. And if she is only one, then she will have one half. And to his parents, each one of them shall have one sixth of what is inherited, if he has a child. If he has no child and his parents are the heirs, then to his mother is one third; if he has siblings then to his mother is one sixth. All after a will is carried through or a debt. Your parents and your children, you do not know which are closer to you in benefit, a directive from God, for God is Knowledgeable, Wise."

4:12 And for you is half of what your wives leave behind if they have no child; but if they have a child then to you is one quarter of what they leave behind. All after a will is carried through or a debt. And to them is one quarter of what you leave behind if you have no child; but if you have a child then to them is one eighth of what you leave behind. All after a will is carried through or a debt. And if a man or a woman who is being inherited has no ascendants, but has a brother or a sister, then to each one of them is one sixth, but if they are more than this then they are to share in one third. All after a will is carried through or a debt, which does not cause harm. A directive from God, and God is Knowledgeable, Compassionate.

4:176 They seek a ruling from you, say: "God gives you the ruling for those who have no ascendants. If a person passes away and has no children but has a sister, then she shall receive half of what he leaves behind; and he will inherit from her if she has no child. However, if he has two sisters, then they will receive two thirds of what he left behind; and if he has siblings, men and women, then the male shall receive twice what the female receives." God makes clear to you that you do not stray; God is aware of all things.

***

As an example, let's open up the information given in verse 11.

I have said that each of these verses, let alone each sentence in them, offer separate formulas for different situations. Let's present his analysis:

Nisa

11. "Allah advises you regarding your children: For the male, the share of two females."

That is, if the heirs consist of only children and there are both male and female children, male children will receive 2 units, while female ones will receive 1 unit.

Briefly, with an example, if there is 300 L. inheritance and a man and a woman have children, the male will receive 200 L. and the woman will receive 100 L.

"If they are more than two women, they have two-thirds of what the deceased left."

So if they only have daughters as inheritors and their number is more than two, they have two-thirds of the inheritance. Here I would like to draw your attention again; The desired here is for girls to receive two-thirds only and only in this case. Otherwise, there is no such share in other terms and conditions.
(By the way, considering the statement in verse 176, if the inheritors are 2 girls, these 2 people share two thirds).


If we continue with the 300 L. example, they only have girls and if they are more than two, they share 200 liras among them.

"If the child is just a woman, he owns half the inheritance."

As stated in the continuation sentence in the verse, if the deceased left only a single daughter  she could receive half of the inheritance.

Again, if we go over 300 Lira, 150 Lira means this one girl child.

"If the deceased has a child, he will have a sixth share for each of the parents as he left them behind."

We understand from this statement that this time the heir has left his parents behind as well as his children, and that's why they have a share (one sixth for each ...).

Of the 300 lira, 50 lira belongs to the mother, 50 lira to the father, and the remaining is the children.

"If the deceased has no children and his parents have inherited him, then his mother is one third."

In this sentence in Nisa 11 verse, it is mentioned that "only the mother and father are inheritors". So this time there are no children, only the parents of the deceased are inheritors (even if there are siblings or something left behind, they are not inheritors).

In this case, the mother received a third. Since the share rate is not given although the father is mentioned in the sentence, the remaining two thirds means your father.

In this case, the mother receives 100 Liras of 300 Liras, while the father receives 200 Liras.

"If he has siblings, his mother's share is one-sixth of what is left of his will and debt."

If the deceased has a mother but does not have a father and also has siblings, the share of the mother decreases to one in six. The rest are shared by the brothers. But let's repeat, if the father had also been the father, only the mother and father would have received the estate, and the siblings would not have their share ... (And as it is understood from the verses, if the deceased has a child, the siblings cannot get a share.)

Likewise, in verses 12 and 176, special cases and formulas are mentioned, sentence by sentence. For example, if the deceased left a spouse in verse 12, verse 176 tells how the division would be if only siblings / siblings left behind, and as I said, each sentence in these verses contains a list of heirs and a formula.

If you wish, let us briefly examine the verse 176 of Nisa in this context:

4:176 They seek a ruling from you, say: "God gives you the ruling for those who have no ascendants. If a person passes away and has no children but has a sister, then she shall receive half of what he leaves behind; and he will inherit from her if she has no child. However, if he has two sisters, then they will receive two thirds of what he left behind; and if he has siblings, men and women, then the male shall receive twice what the female receives." God makes clear to you that you do not stray; God is aware of all things.
Here, too, "if only siblings are heirs", it is explained what the proportions are and of course, each sentence offers a separate list and a separate formula:

If the heir is only 1 sister, half of the inheritance,
If the heir is 1 brother, he takes all of the inheritance,
If 2 sisters are heirs, they get two-thirds,
If only the siblings are inheritors and they are men and women, that is, of both sexes, they share the entire estate as one (female) and two (male).

By the way, we indirectly understand from these verses that if there are only many brothers left, these sisters will receive the entire inheritance, or if there are more than two sisters (referring to verse 11), these sisters will receive two-thirds of the inheritance (equally divided among themselves).

If you read verses 11 and 176 of Nisa one after the other, you will see that the rates given to boys and girls only when children are inheritors in verse 11 are exactly the same as those given to brothers and sisters when only brothers are inheritors in verse 176.

(Incidentally, let us state that the siblings mentioned in one sentence of Nisa 12 verse and the deceased's spouse are the heirs. But in this verse 176, "only brothers" are heirs.)

In summary: In verse 11, there is no spouse, while in verse 12, there is a spouse, verse 176 tells how to make a taksim when there are only brothers.

***

And as it is known, what is essential is the testament according to the verses, and these rates are for the division of the remaining property after the will is fulfilled and the debts, if any, are paid.

As you can see, there are none of the problems such as insufficient inheritance or courtyard. The verses describe the sharing of heritage in a flawless manner. The important point here is to be able to see that each sentence gives a separate formula according to a separate list of heirs. In other words, each sentence in the verses gives a unique list of heirs and tells what the heirs will receive in this case.

While solving problems related to inheritance sharing, it is checked who the surviving heirs are, and the inheritance is divided by determining which sentence of the verses related to inheritance.

As an example, let's solve the question involving 3 famous girl heirs.

“A man dies and leaves behind a mother, a father, three daughters and a wife. How will the heritage be shared? ”.

Since both the spouse and the children are inheritors here, the fourth sentence of Nisa 12 verse describes the relevant section (each sentence of this verse describes what should be done if there is a surviving spouse):

". And to them is one quarter of what you leave behind if you have no child; but if you have a child then to them is one eighth of what you leave behind"

According to this sentence, if the man leaves his wife behind and has children, only these people can be inheritors. His wife gets one eighth of the estate, and the children get seven eight . Even if the deceased has a mother, father or siblings, he cannot get a share in this case.


***

As I said, each sentence gives a separate heir list and formula, and as you can see, inheritance is always enough.

Increasing inheritance is in question only in some cases, again, as I mentioned at the beginning of my article, there are verses containing signs that show who this increased heritage can be given ... For example:

4:8 And if the distribution is attended by the relatives and the orphans and the needy, then you shall give them part of it and say to them a kind saying.


http://emre1974tr.blogspot.com/2014/08/miras-ayetlerinin-cozumu.html

 

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