Wednesday, October 14, 2009

4:176

Salaam all,

This is 4:176
يَسْتَفْتُونَكَ قُلِ اللّهُ يُفْتِيكُمْ فِي الْكَلاَلَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌ فَإِن كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِن كَانُواْ إِخْوَةً رِّجَالاً وَنِسَاء فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ يُبَيِّنُ اللّهُ لَكُمْ أَن تَضِلُّواْ وَاللّهُ بِكُلِّ شَيْءٍ عَلِيمٌ
Yastaftoonaka quli Allahu yufteekum fee alkalalati ini imruon halaka laysa lahu waladun walahu okhtun falaha nisfu ma taraka wahuwa yarithuha in lam yakun laha waladun fain kanata ithnatayni falahuma alththuluthani mimma taraka wain kanoo ikhwatan rijalan wanisaan falilththakari mithlu haththi alonthayayni yubayyinu Allahu lakum an tadilloo waAllahu bikulli shayin AAaleemun

The aya says:
They ask for your mature opinion. Say: Allah gives you His ruling in the people without living kids or parents. If a person dies not having child/children and he has a sister, then she gets the half of what he left while he inherits her if she did not have child/children. So, if they were two females then they get the two thirds of what he left. And if they were siblings, men and women, then to the male belongs similar to the take of the two females. Allah makes clear for you in order that you do not get lost. And Allah, in every entity, knowing.

My personal note:
This aya talks about the inheritance of the people who die but they do not have living children or parents who are the main recipients of the inheritance. It mentions that the next in line are the siblings and they inherit.

There is a contrast between this Aya and Aya 4:12 where that Aya gives spouses part of that inheritance. The two Ayat go together as in the above explanation will be with or after having given the spouse their portion of the inheritance and so on. The same goes for whether there was a living mother who will also inherit her allotted portion.

Aya 4:12 also mentions that the person who dies like the above Aya will leave up to the third of his inheritance to his siblings, while 4:176 can give potentially all the inheritance to the siblings. There are two potential ways to reconcile them:

1- The siblings in 4:12 are siblings on the mother side and therefore their inheritance is limited to only the third. This is supported in part by the mother being prominently mentioned in the preceding 4:11. While 4:176 is for siblings on the father’s side or they share both parents. If a person leaves siblings on the mother’s side and the father’s side then the ones on the mother side are still guaranteed their portion and the rest goes to the others.

2- There may be a situation of abrogation where the ruling on 4:12 is abrogated by 4:176

However, the books of tafsir Tabari and others go with the first explanation and they have some hadeeths and opinions of early Muslims to support that view.

Translation of the transliterated words:

Yastaftoonaka: they seek your (singular) authoritative opinion/ they seek your strong opinion/ mature opinion
Note: YASTAFTOONAKA is derived from the root F-T-Y and it means in concrete when the youth has just reached maturity. So, it carries the meaning of height of maturity and vigor. Conceptually it is used for youth as well as mature opinions as well as for slaves or servants, because they are generally people who just finished their maturity stages, as they were referred to in early Arabic history. In this context, it is used for the mature authoritative opinion. YASTAFTOONAKA is an action that is being completed or will be completed. It means: the action of seeking an authoritative/strong/ mature opinion from the object (KA=singular you pointing to the prophet) is happening or will be happening by the subject (third person plural).
Quli: Say/ communicate/respond
Note: the root is Qaf-W-L and it means saying or communicating. QUL is an order or a request addressed to a singular. It means: say or communicate.
Allahu: Allah
Yufteekum: gives His Authoritative opinion to you (plural)
Note: the root is F-T-Y and it means in concrete when the youth has just reached maturity. So, it carries the meaning of height of maturity and vigor. Conceptually it is used for youth as well as mature opinions as well as for slaves or servants, because they are generally people who just finished their maturity stages, as they were referred to in early Arabic history. In this context, it is used for the mature authoritative opinion. YUFTEEKUM is an action that is being completed or will be completed. It means: the action of giving an authoritative opinion to the object (KUM=plural you) is happening or will be happening by the subject (third person singular).
Fee: in
Alkalalati: the one without children, parents
Note: the root is K-L-L and it means the parts put together. This is the concrete and it means all or every or each. It can also be extended conceptually to mean the parts surrounding an entity. In this case, it points to the relatives around the person but who are not children, parents.
Ini: if
Imruon: a person
Note: IMRUON means a person. The relation between the above and this meaning is not clear.
Halaka: died
Note: the root is H-L-K and it means dried and dead plant. This is the concrete and the abstract means death and perdition. HALAKA is an action that is completed. It means: the action of dying happened by the subject (third person singular).
Laysa: not
Lahu: to him/ belong to him/ he has
Waladun: children/ child
Note: the root is W-L-D and it means giving birth or conceiving. WALADUN is the product of giving birth or conceiving.
Walahu: and belongs to him/ he has
Okhtun: A sister
Note: the root is Hamza-KH and it means brother. OKHTUN means sister.
Falaha: then to her/ belongs to her/ then she will have
nisfu: half of
Note: the root is N-Sad-F and it means in concrete the division of an entity into two equal parts. Conceptually it is used for half and can be extended to justice and because of dividing in the middle. NISFU here means the half of or one of the two equal parts of.
Ma: what
Taraka: left
Note: TARAKA is derived from the T-R-K and it means what was left. In concrete it is used at times for the egg shell after the little bird has hatched. TARAKA is an action that is completed that is related to the root. This means: the action of leaving something behind happened by the subject (third person singular).
Wahuwa: while he
Yarithuha: inherits her
Note: the root is W-R-TH and it means inheritance or inheriting. YARITHU is an action that is being completed or will be completed. It means the action of inheriting the object (HA= her and points to the sister), is happening or will be happening by the subject (third person singular).
In: if
Lam: not
Yakun: will happen to be/ happens to be
Note: the root is K-W-N and it means being. YAKUNI is an action that is being completed or will be completed that is derived from the root. It means: the action of being is happening or will be happening by the subject (third personal singular). This in turn means: He happens to be
laha: to her/ belongs to her
Waladun: children/ child
Note: the root is W-L-D and it means giving birth or conceiving. WALADUN is the product of giving birth or conceiving.
Fain: so if
Kanata: the two sisters happened to be
Note: the root is K-W-N and it means being. KANATA is an action that is completed that is derived from the root. It means: the action of being happened by the subject (third personal dual form feminine). This in turn means: The two sisters happened to be
Ithnatayni: two females
Note: the root is TH-N-Y and it means to fold something. This is then used to make the one two through folding and other meanings. ITHNATAYNI means two females
Falahunna: then to them belongs
Alththuluthani: the two thirds of/ two of three of
Note: the root is root Th-L-Th and it means three. ALTHTHULUTHAN is the two of three or the two thirds
Mimma: of what
Taraka: he left
Note: TARAKA is derived from the T-R-K and it means what was left. In concrete it is used at times for the egg shell after the little bird has hatched. TARAKA is an action that is completed that is related to the root. This means: the action of leaving something behind happened by the subject (third person singular).
Wain: and if/ while if
Kanoo: happened to be
Note: the root is K-W-N and it means being. KANOO is an action that is completed that is derived from the root. It means: the action of being happened by the subject (third personal plural). This in turn means: they were or they happened to be
Ikhwatun: siblings/ brothers
Note: the root is Hamza-KH and it means brother. IKHWATUN means brothers and as masculine plural, it is sex inclusive of males and females.
Rijalan: men
Note: the root is R-J-L and it means legs. The word also means men depending on the situation. One possible link could be because when men and women are in the caravan and the ability to ride is limited, then the men will be on their legs, while the women will be riding the camels or so forth. RIJALAN means men.
Wanisaan: and women
Note: WA is a letter that links what is before with what is after. This link is through inclusion, either one is included in the other or they are all included in the bigger sentence or bigger picture. WA often corresponds with “and/ addition” but the more encompassing meaning is in inclusion one in another or all in a bigger picture or sentence. NISAAN is derived from two potential roots that may be related to it. The first N-S-Y and it is the one used for women. This same root is used for the sciatic nerve as a concrete word and for forgetting. The relation between the different meanings is only in an indirect manner. Another root is N-S-Hamza and it means putting things behind in time or space of delaying things. Concrete words are the women that have a delay in the menses because of possibility of pregnancy. NISAAN means women.

Falilththakari: then to the male
Note: FA means therefore or so or then. LI means to or belongs to. LTHAKARI is derived from the root TH-K-R and it means many things that may or may not be related. One concrete meaning is male organ or male. ALTHTHAKARI means the male. This also can be extended to mean active, hard and non receptive.
Mithlu: similar to/ equal to
Note: the root M-TH-L and it means similitude or similar. MITHLU means similitude of or similar to. Conceptually, it can also be understood as the example of or equal to.
Haththi: chance of/ take of
Note: the root is Ha-THA-THA and it means: chance as in what one takes by chance or take of a person from what is available of good and so on. HATHTHI means chance of. In the context of this sentence it is talking about the take or right in inheritance.
Alonthayayni: the two females
Note: the root is Hamza-N-Th and it means female. This word is further used to any entity that is soft, passive and receptive as opposed to male which is generally used for active and hard and non receptive. ALONTHAYAYNI means: the two females.

Yubayyinu: He makes clear
Note: YUBAYYINU is derived the root B-Y-N and it means between. This word then assumes many meanings as separation and distancing between two or more things. It also carries the meaning of clarification between two things. Here, it adopts the meaning of clarification. YUBAYYINU is an action that is being completed or will be completed. It means: the action of making clear or clarify is happening by the subject (third person singular pointing to Allah).

Allahu: Allah
Lakum: to you (plural)/ for you
An: that
Tadilloo: you (plural) get lost/ become lost
Note: the root is Dhad-L-L and it means getting lost as in lost the path or road in concrete terminology. Conceptually, it is used for any form of loosing the path, whether it is the path to a location or to the truth, or to be correct spiritually and so on. The imagery is very strong since loosing the path in the desert can mean near certain death. TADILLOO is an action that is being completed or will be completed. It means: the actions of loosing the path, or becoming misguided is happening or will be happening by the subject (second person plural). AN TADILLOO here takes the meaning: in order not to become lost.
waAllahu: and Allah
Bikulli: by every/ by each/in every
Note: Bi denotes that what comes after is a tool and/or an object or an association with an action that was mentioned. If it is an object of the action then it makes it stronger. KULLI is derived from the root K-L-L and it means the parts put together. This is the concrete and it means all or every or each. It can also be extended conceptually to mean the parts surrounding an entity. KULLI means every, or each. In this context, it points to action and emphasis of the action.

Shayin: entity/ thing
Note: the root is SH-Y-Hamza and it means entity. SHAYIN means entity. It is taken here to mean a thing or entity.
AAaleemun: knowledgeable
Note: the root is Ain-L-M and it means knowing/knowledge or knowledge of facts. AAaLEEM is the one that is very knowledgeable.

Salaam all and have a great day.


Hussein

No comments: