سورة النساء

Imam Sadiq (peace be upon him): Hamza ibn Humran said: I asked Imam Sadiq (peace be upon him) about الْکَلالَة (kalalah). He said: "So long as the deceased has neither parents nor a child among his heirs, this ruling of kalalah applies."

Imam Baqir (peace be upon him): Imam Baqir (peace be upon him) said concerning the verse یَسْتَفْتُونَکَ قُلِ اللهَ یُفْتِیکُمْ فِی الْکَلَالَةِ إِنِ امْرُؤٌ هَلَکَ لَیْسَ لَهُ وَلَدٌ وَ لَهُ أَخٌ أَوْ أُخْتٌ [They ask you for a decision. Say: Allah gives you a decision concerning al-kalalah (one who leaves neither parents nor offspring): if a man dies having no child, and he has a brother or a sister]: "What Allah intends is the sister from the same father and mother [who shares both parents with the deceased], or the sister from the same father [who shares only the father with the deceased]; half of the wealth he left behind belongs to her;.. and if [the heirs] are a group of brothers and sisters, the share of each brother is equal to the share of two sisters. These persons increase and decrease the share of inheritance, and their children too increase and decrease the share of inheritance."

Imam Sadiq (peace be upon him): This word of Allah at the end of Surah al-Nisa where He says: یَسْتَفْتُونَکَ قُلِ اللهُ یُفْتِیکُمْ فِی الْکَلالَةِ إِنِ امْرُؤٌ هَلَکَ لَیْسَ لَهُ وَلَدٌ وَ لَهُ أُخْتٌ [They ask you for a decision. Say: Allah gives you a decision concerning al-kalalah: if a man dies having no child, and he has a sister] means a sister shared through both father and mother, or a sister through the father [and their ruling is as follows]: half of the wealth he left behind belongs to her; and [if a sister dies and her heir is a single brother], he inherits the entire wealth from that sister, provided that sister has no child; and if [her heirs] are two sisters, they take two-thirds of the wealth; and if [the heirs] are a group of brothers and sisters, the share of each brother is equal to the share of two sisters.

Imam Baqir (peace be upon him): Bukayr said: A man came to Imam Baqir (peace be upon him) and said, "What do you say about a woman who has passed away and has left behind a husband, maternal brothers, and one paternal sister?" He said, "The husband receives half of the estate — that is, three shares out of six; her maternal brothers receive one third, which is equivalent to two shares out of six; and the paternal sister receives one sixth." The man said, "[This ruling] in the book of the inheritance shares (fara'id) of Zayd, and in the fara'id of the general public and of the judges, is other than this! O Aba Ja'far (peace be upon him)! They say that the paternal sister takes three shares, and by the rule of 'awl the six shares are increased to eight." The Imam (peace be upon him) said, "On what grounds do they say such a thing?" He said, "On the basis of this verse in which Allah says: إِنِ امْرُؤٌ هَلَکَ لَیْسَ لَهُ وَلَدٌ وَ لَهُ أُخْتٌ فَلَها نِصْفُ ما تَرَکَ [If a man dies and he has no child, and he has a sister, she shall have half of what he left]." He said, "If in place of the sister there had been a brother, how much would he take?" He said, "He would take no more than one sixth." He said, "On what grounds do you give the brother less? If your argument is that in the verse the half is expressly stated, then for the brother the whole is expressly stated, and the whole is more than the half! Allah says: فَلَها نِصْفُ ما تَرَکَ وَ هُوَ یَرِثُها إِنْ لَمْ یَکُنْ لَها وَلَدٌ [She shall have half of what he left, and he inherits from her if she has no child], yet in your fara'id you give nothing to the one to whom the entire estate belongs, and in one case you give him one sixth, while to the one to whom Allah has given half of the estate you give that full half." The man said, "How is it that we give the sister a half and give nothing to the brother?" Imam Baqir (peace be upon him) said, "Concerning heirs who are a mother, a husband, maternal brothers, and a paternal sister — you give the husband half (three shares out of six), the mother one sixth, the maternal brothers one third, and the paternal sister half, which is three shares, so the six shares are exceeded and become nine shares." He said, "Yes, that is what they say." He said, "And if in place of the sister there had been a paternal brother, they would give him nothing?!" The man said, "What do you say?" He said, "The full brothers (paternal and maternal), the paternal brothers, and the maternal brothers do not inherit [when the mother is an heir, nothing reaches them]."

Imam Sadiq (peace be upon him): Bukayr ibn A'yan said: I said to Imam Sadiq (peace be upon him): "A woman dies leaving behind her husband, brothers from her mother, and brothers and sisters from her father — how are their shares of inheritance distributed?" He said: "To the husband, half, which is three shares; to the brothers from the mother, whether male or female equally, one third; and the remaining share goes to the brothers and sisters from the father, the male receiving twice the share of the female — because the shares are not reduced. The husband's share is not reduced from half, nor is the share of the brothers from the mother reduced from one third. For Allah says: وَ إِنْ کانَ رَجُلٌ یُورَثُ کَلالَةً أَوِ امْرَأَةٌ وَ لَهُ أَخٌ أَوْ أُخْتٌ فَلِکُلِّ واحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ کانُوا أَکْثَرَ مِنْ ذلِکَ فَهُمْ شُرَکاءُ فِی الثُّلُثِ [And if a man or a woman is inherited from as kalala and he has a brother or a sister, then for each of them is one sixth; but if they are more than that, they share in one third]. What is meant here is only the brothers and sisters from the mother. And at the end of Surah al-Nisa He said: یَسْتَفْتُونَکَ قُلِ اللهُ یُفْتِیکُمْ فِی الْکَلالَةِ إِنِ امْرُؤٌ هَلَکَ لَیْسَ لَهُ وَلَدٌ وَ لَهُ أُخْتٌ [They ask you for a decision. Say: Allah gives you a decision concerning kalala: if a man dies having no child and he has a sister] — meaning a sister from both father and mother, or a sister from the father — فَلَها نِصْفُ ما تَرَکَ وَ هُوَ یَرِثُها إِنْ لَمْ یَکُنْ لَها وَلَدٌ فَإِنْ کانَتَا اثْنَتَیْنِ فَلَهُمَا الثُّلُثانِ مِمَّا تَرَکَ وَ إِنْ کانُوا إِخْوَةً رِجالاً وَ نِساءً فَلِلذَّکَرِ مِثْلُ حَظِّ الْأُنْثَیَیْنِ [she shall have half of what he leaves, and he shall inherit from her if she has no child; and if there are two sisters, they shall have two thirds of what he leaves; and if they are brethren, men and women, then for the male is the share of two females]. They are the ones whose share of inheritance, and the share of their children, is increased or decreased. If a woman's inheritance goes to her husband, brothers from her mother, and two sisters from her father, the husband's share is half, which is three shares; the brothers from the mother receive two shares; and the remaining share goes to the sisters from the father. If she has only one sister from the father, the remaining share still goes to her. And if the two sisters from the father had been two brothers from the father, nothing would have been added to their share of inheritance either. And if there is only one sister, or in her place one brother, nothing from what remains would be added to their share. And nothing extra is given to sisters, nor to a male child, [beyond what remains]."

Imam Baqir (peace be upon him): Bukayr narrates: A man asked Imam Baqir (peace be upon him) about two sisters and a husband [who remain as heirs]. He said: "Half and half." The man said: "May Allah grant you good — but Allah has assigned them more than this; He has given the two sisters two thirds." He asked again: "What do you say concerning a brother and a husband [who are the sole heirs]?" He said: "Half and half." He said: "Has Allah not apportioned the wealth?!" He said: "وَ هُوَ یَرِثُها إِنْ لَمْ یَکُنْ لَها وَلَدٌ [And he shall inherit from her if she has no child]."

Imam Baqir (peace be upon him): Bukayr said that a man came to Imam Baqir (peace be upon him) and asked about a woman who, upon her death, left behind her husband, her brothers from her mother, and a sister from her father. The Imam said: "For the husband, half — that is, three shares; and for the brothers from the mother, one-third, equal to two shares; and to the paternal sister also one share is allotted, out of a total of six shares." The man said: "The inheritance rulings of Zayd and Ibn Mas'ud, and the inheritance rulings of the common people and the judges, are contrary to this, O Aba Ja'far! They say: for the sister from the father and mother there are three shares out of a total of six shares, which even increases up to eight shares!" Abu Ja'far (peace be upon him) said: "Why do they say so?" He said: "On the basis of the verse: وَ لَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَکَ [and he has a sister, she shall have half of what he leaves]." Imam Baqir (peace be upon him) said: "If you are bringing the command of Allah as proof, then why have you reduced the right of the brother? For Allah has assigned half to the sister, whereas He has assigned the whole to the brother, and the whole is more than the half. Allah says: فَلَهَا النِّصْفُ [she shall have half], and concerning the brother He says: وَ هُوَ یَرِثُهَا [and he shall be her heir], meaning the entire property of the sister, if she has no child. So do you give nothing to the one for whom Allah has set the entire share of inheritance, in some of your divisions of inheritance, and give in full to the one for whom Allah has set half the share of inheritance?!"

Imam Baqir (peace be upon him): Bukayr said: I was with Imam Baqir (peace be upon him) when a man entered and asked, "What is the ruling on inheritance regarding two sisters and a husband?" The Imam said, "The husband takes half of the estate, and the two sisters take the remainder." The man said, "The people do not say so." He said, "Then what do they say?" He said, "They say that two-thirds is for the two sisters and half is for the husband, and they divide [the estate] into seven parts." The Imam said, "Why do they say so?" He said, "Because Allah has appointed two-thirds for the two sisters and half for the husband." The Imam said, "What would they say if instead of the two sisters there was one brother?" He said, "They say, for the husband is the half, and whatever remains is for the brother." The Imam said to him, "So they give to the one whom Allah commanded [to receive] the whole [only] the half, and to the one whom Allah commanded [to receive] two-thirds they give four out of seven?!" The man said, "Where has Allah stated such a thing?" He said, "Read the verse that is at the end of Surah al-Nisa, in which He says: يَسْتَفْتُونَکَ قُلِ اللهُ یُفْتِیکُمْ فِی الْکَلاَلَةِ إِنِ امْرُؤٌ هَلَکَ لَیْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَکَ وَ هُوَ یَرِثُهَآ إِن لَّمْ یَکُن لَّهَا وَلَدٌ فَإِن کَانَتَا اثْنَتَیْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَکَ وَ إِن کَانُواْ إِخْوَةً رِّجَالاً وَ نِسَاء فَلِلذَّکَرِ مِثْلُ حَظِّ الأُنثَیَیْنِ یُبَیِّنُ اللهِ لَکُمْ أَن تَضِلُّواْ وَ اللهُ بِکُلِّ شَیْءٍ علِیمٌ [They ask you for a decision. Say: Allah gives you a decision concerning kalala (one who leaves neither parents nor offspring). If a man dies childless and has a sister, she shall have half of what he leaves; and he inherits from her [entirely] if she has no child. If there are two sisters, they shall have two-thirds of what he leaves; and if there are brethren, men and women, then the male shall have the like of the portion of two females. Allah makes clear to you, lest you err; and Allah knows all things]. Therefore it was fitting that they set aside half of this estate for the spouse and then divide [the rest] into nine parts." The man said, "That is what they say." The narrator said: Abu Ja'far (peace be upon him) said, "So this is what they say!" Then he turned to me and said, "O Bukayr! Have you looked into the science of the laws of inheritance (fara'id)?" He said: I said, "What am I to do with something that in my view is void [and of no use]?" He said, "Study it, for when the like of this comes up, it will strengthen you in resolving it."

Imam Baqir (peace be upon him): If a man dies and has a sister, based on the verse, half of the estate belongs to her in full. It is likewise if there is a daughter — she takes the same share of inheritance; and the other half of the estate, if there is no other heir closer than that sister or daughter, reaches her by way of kinship (rahim). And if instead of a sister there is a brother, based on the verse he takes the whole inheritance entirely, for Allah the Exalted said: وَ هُوَ یَرِثُهَآ إِن لَّمْ یَکُن لَّهَا وَلَدٌ [and he inherits her if she has no child]. And if there are two sisters, they take the full two-thirds [by the verse] and the remaining one-third they take by way of kinship. And if there is a group of sisters and brothers, the male inherits twice the share of the female. All of this is in the case where the deceased has no child, parents, or wife.

Imam Sadiq (peace be upon him): It is stated in Da'a'im al-Islam: ...They extracted from the Book of Allah, without applying 'awl (proportional reduction), the shares which the people of 'awl used to apply 'awl to. They began with what Allah began with and ended with what He ended with, but they did not lower the one whom Allah had lowered from his position [in the ruling of inheritance]. Like the ruling of a woman who left behind her husband, her maternal sisters and her paternal sisters as heirs. Concerning this, Imam Baqir (peace be upon him) said: "The husband takes half of the estate, which equals three shares out of six shares. The maternal brothers also inherit a third of the estate, which equals two shares out of six. The paternal sister takes the remainder of the estate, which is one share." It was said to him: "Those who hold the ruling of 'awl say that the paternal sister receives three shares out of six, which is reduced by 'awl to eight shares." Imam Baqir (peace be upon him) said: "Why do they say so?" It was said: "Because Allah says: وَ لَهُ أُخْتٌ فَلَها نِصْفُ ما تَرَکَ [and if a man has a sister, she shall have half of what he leaves]." Imam Baqir (peace be upon him) said: "If in place of a sister there were a brother, how would you rule?" It was said: "He would receive no more than a sixth of the share." He said: "Then why do you reduce the share of the brother but not reduce the share of the sister? Even though the share of the brother is greater! Allah, regarding the sister, said: فَلَها نِصْفُ [she shall have half], but regarding the brother He said: وَ هُوَ یَرِثُهَآ [and he is her heir], meaning he inherits the entire estate. Yet you give the one to whom Allah has given the entire estate only a sixth, but to the one to whom Allah has given half of the estate, you give half of the estate in full and complete!!"

Imam Ali (peace be upon him): The Messenger of Allah (peace be upon him and his family) said concerning a man who leaves his father and mother as heirs: "The mother receives one-third and the father two-thirds." In the Qur'an He has said: If he has brothers — meaning that if the deceased has brothers from the same father and mother, or brothers from the same father — the mother's share is one-sixth and the father's share is five-sixths. The father's share is increased because of those he must feed. This ruling applies when the heirs are only the father and mother of the deceased. But maternal brothers are not like paternal brothers. They do not deprive the mother of her one-third share, nor do they inherit. But if a man dies and there remain his mother, and brothers and sisters from the same father and mother, and brothers and sisters from the same father, and sisters and brothers from the same mother, and the father is not alive, they neither inherit nor prevent anyone from inheriting, because the kalala (one with no parents or children) does not inherit when the heirs are the mother, or the father, or the son, or the daughter. But if only one of these four groups is present, they are not the ones intended by this word of Allah, where He said: قُلِ اللهُ یُفْتِیکُمْ فِی الْکَلالَةِ [Say: Allah gives you a decision concerning the kalala]. When the father, or the mother, or the son, or the daughter is present, no one inherits other than the husband or the wife.

Imam Sadiq (peace be upon him): If a woman's estate is left to her husband, her father, and children — sons and daughters — then, according to the Book of Allah, one-quarter goes to the husband, two-sixths to the father and mother, and the remainder is divided between the sons and daughters in the ratio of two to one.

Imam Baqir (peace be upon him): If a man dies and has a sister, then, on the basis of the verse, half of what he leaves belongs to her in full. Likewise, if he has a daughter, she inherits this same share; and the other half of the estate, if there is no other heir nearer than that sister or daughter, reaches her by way of kinship. And if in place of the sister there is a brother, then, on the basis of the verse, he takes the entire inheritance altogether, for Allah the Exalted said: وَهُوَ یَرِثُهَآ إِن لَّمْ یَکُن لَّهَا وَلَدٌ [And he shall be her heir if she has no child].