Muslim

Hadith Commentary: Benefits and Issues:
Umar radi Allahu anhu was greatly concerned about the matter of kalalah, because there are many aspects of kalalah that require deep consideration. And according to Imam Nawawi rahimahullah, the Messenger of Allah sallallahu alayhi wa sallam emphasized this matter strictly because Umar radi Allahu anhu desired an explicit text rather than reflection or deduction of the issue, whereas in some cases, there is no alternative but to deduce (the ruling). There is a difference of opinion regarding the meaning of kalalah, because it can be applied to the heir, and also to the deceased (whose inheritance is being discussed). Some take it to mean inheritance itself, and some intend by it the wealth that comes into inheritance. Thus, the ruling of kalalah has been mentioned in two verses: the first verse is about maternal siblings, and the last is about full and paternal siblings. There is also a difference of opinion in this: if the deceased's grandfather is present, will he take the place of the father and deprive the deceased's brothers from inheritance or not? According to Imam Abu Hanifah, the grandfather will take the place of the father, but according to Imam Malik, Imam Shafi'i, and the two companions (of Abu Hanifah), the brothers will also inherit along with the grandfather. Further, there is a difference regarding what share they will receive. Similarly, if the deceased leaves behind a daughter and a sister, there is a difference regarding the sister's inheritance. That is why the scholars were concerned about this matter, but until the end, they did not get the opportunity to make such a decision on which both the scholar and the layperson would be satisfied.

There is a difference of opinion among the scholars regarding the interpretation of kalalah. According to the majority, kalalah is the name for a deceased person who leaves behind neither children nor father or grandfather; in this case, his brothers will inherit from him.

(2) Kalalah are those heirs who are neither children nor father; thus, brothers will be kalalah.

(3) That inheritance which is neither for children nor for the father.

(4) That wealth whose heir is neither children nor father.

Benefits and Issues:

➊
By "kalalah" is meant a deceased person who has neither parents nor children.
His inheritance will be distributed among his brothers and sisters.

➋
The verse revealed in the summer refers to verse 176 of Surah An-Nisa.
In it, the issue is explained that if the deceased kalalah is a man and has one full (sharing both mother and father)
sister, or one consanguine (sharing the same father)
sister, then she will receive half of her brother’s estate. However, if the deceased kalalah is a woman and she has one brother, then he will receive the entire estate.

➌
In the same verse, it is stated that if the kalalah has two full or consanguine sisters, then they will be given two-thirds of the estate.

➍
If the heirs of the deceased kalalah include full or consanguine brothers as well as sisters, then the estate will be distributed among them such that each brother receives twice the share of each sister.

➎
The ruling for uterine (sharing the same mother)
brothers or sisters is that if the deceased has only one uterine brother or sister, then he or she will be given one-sixth of the estate.
And if there are two brothers, or two sisters, or one brother and one sister, or more than two brothers and sisters, then one-third of the estate will be distributed equally among all of them.
In this case, the brother’s share will not be double that of the sister. (An-Nisa, verse: 12)