صحيح البخاري
Bukhari
كتاب الفرائضThe Book of Al-Farad (The Laws of Inheritance)
بَابُ: {يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلاَلَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَا إِنْ لَمْ يَكُنْ لَهَا وَلَدٌ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِنْ كَانُوا إِخْوَةً رِجَالاً وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنْثَيَيْنِ يُبَيِّنُ اللَّهُ لَكُمْ أَنْ تَضِلُّوا وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ} :Chapter. (The Statement of Allah:) “They ask you for a legal verdict. Say; ‘Allah directs (thus) about Al-Kalalah (those who leave neither decendants nor ascendants as heirs). If it is a man that dies, leaving a sister, but no child, she shall have half the inheritance. If (such a deceased was) a woman, who left 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, then the male will have twice the share of the female.’ (Thus) dose Allah makes clear to you (His Law), lest you go astray. And Allah is the All-Knower of everything." (V.4:176)
Hadith 6744
اُردوEn
حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ مُوسَى ، عَنْ إِسْرَائِيلَ ، عَنْ أَبِي إِسْحَاقَ ، عَنْ الْبَرَاءِ رَضِيَ اللَّهُ عَنْهُ ، قَالَ : " آخِرُ آيَةٍ نَزَلَتْ خَاتِمَةُ سُورَةِ النِّسَاءِ يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلالَةِ سورة النساء آية 176 " .
Narrated Al-Bara: The last Qur'anic Verse that was revealed (to the Prophet) was the final Verse of Surat-an-Nisa, i.e., 'They ask you for a legal verdict Say: Allah directs (thus) About those who leave No descendants or ascendants as heirs....' (4.176)
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Imam Bukhari rahimahullah has presented the mentioned verse as a chapter heading because it clearly explains the inheritance of brothers and sisters.
(2)
Kalalah is the deceased who has neither parents nor children.
Some people say that the heirs of such a deceased person are called kalalah.
According to some, kalalah is the wealth whose heir is someone other than the father and son.
(Fath al-Bari: 12/33)
There is a difference of opinion regarding whether a sister becomes an heir in the presence of a daughter or not; its details have already been mentioned.
The rulings regarding kalalah have already been explained in Surah al-Nisa, verse 12. The rulings of inheritance for kalalah mentioned there pertain to maternal brothers and sisters, while the rulings mentioned in this verse pertain to full or paternal brothers and sisters.
(3)
When distributing the inheritance of kalalah, two things must be kept in mind:
First, if the full siblings of kalalah are present as well as the paternal siblings, then in the presence of full siblings, the paternal siblings will be deprived, and if there are no full siblings, then the inheritance will be distributed among the paternal siblings.
The second point is that the rulings regarding the estate of kalalah are the same as in the case of children; that is, if there is one sister, she will receive half, if there are two or more sisters, they will receive two-thirds, if there is only one brother, he will be the sole heir of the entire estate, and if there are both brothers and sisters, then each brother will receive two shares and each sister one share.
(4)
There are two further scenarios of kalalah as follows:
* The deceased is a woman and her husband is also not present, or the deceased is a man and his wife is also not present.
* The deceased is a woman and her husband is present, or the deceased is a man and his wife is present.
In the second scenario, the spouses also take their prescribed share in the inheritance. For example:
If the kalalah is a woman whose husband is present and her sister is also alive, then half will go to the husband and half to the sister. Now the question arises: in the first scenario, if the kalalah woman has no husband or the kalalah man has no wife and there is only one sister, then the sister will receive half—who will inherit the remaining half? The answer is that the remaining half can be given to the sister as "radd" (to return the remainder of the shares of the primary heirs to them after the shares have been distributed), or it can go to distant relatives, such as maternal uncles or paternal aunts, and if they are also not present, then the remaining half of the estate can be deposited in the Bayt al-Mal (public treasury), and such situations rarely occur.
And Allah knows best.
(1)
Imam Bukhari rahimahullah has presented the mentioned verse as a chapter heading because it clearly explains the inheritance of brothers and sisters.
(2)
Kalalah is the deceased who has neither parents nor children.
Some people say that the heirs of such a deceased person are called kalalah.
According to some, kalalah is the wealth whose heir is someone other than the father and son.
(Fath al-Bari: 12/33)
There is a difference of opinion regarding whether a sister becomes an heir in the presence of a daughter or not; its details have already been mentioned.
The rulings regarding kalalah have already been explained in Surah al-Nisa, verse 12. The rulings of inheritance for kalalah mentioned there pertain to maternal brothers and sisters, while the rulings mentioned in this verse pertain to full or paternal brothers and sisters.
(3)
When distributing the inheritance of kalalah, two things must be kept in mind:
First, if the full siblings of kalalah are present as well as the paternal siblings, then in the presence of full siblings, the paternal siblings will be deprived, and if there are no full siblings, then the inheritance will be distributed among the paternal siblings.
The second point is that the rulings regarding the estate of kalalah are the same as in the case of children; that is, if there is one sister, she will receive half, if there are two or more sisters, they will receive two-thirds, if there is only one brother, he will be the sole heir of the entire estate, and if there are both brothers and sisters, then each brother will receive two shares and each sister one share.
(4)
There are two further scenarios of kalalah as follows:
* The deceased is a woman and her husband is also not present, or the deceased is a man and his wife is also not present.
* The deceased is a woman and her husband is present, or the deceased is a man and his wife is present.
In the second scenario, the spouses also take their prescribed share in the inheritance. For example:
If the kalalah is a woman whose husband is present and her sister is also alive, then half will go to the husband and half to the sister. Now the question arises: in the first scenario, if the kalalah woman has no husband or the kalalah man has no wife and there is only one sister, then the sister will receive half—who will inherit the remaining half? The answer is that the remaining half can be given to the sister as "radd" (to return the remainder of the shares of the primary heirs to them after the shares have been distributed), or it can go to distant relatives, such as maternal uncles or paternal aunts, and if they are also not present, then the remaining half of the estate can be deposited in the Bayt al-Mal (public treasury), and such situations rarely occur.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6744
