Jalalayn (4:174) : Mirath - Ayni and Allati Siblings

This ayat (also referred to as ayat al-ṣayf1 ) outlines the inheritance of siblings concisely from the same father and mother (ayni) or the father only (allati). In effect, present is the rules relating to the shares of the ayni brother, allati brother, ayni sister, and the allati sister. Whilst the rules are explicit between ayni siblings or between allati siblings, the rules are less apparent when ayni siblings mix with allati. However, the answers are there. The Prophet of Allah said, 'Sufficient for you is the ayat al-ṣayf' to resolve the issue of sibling inheritance when a person dies without any living male agnate descendants or father. Shares from siblings from the same mother but different father (akhyafi) were outline at the beginning of Surah Nisa'. Ayni and allati siblings are one category and the akhyafi are a different category; their shares do not impact each other.

يَسْتَفْتُونَكَ قُلِ ٱللَّهُ يُفْتِيكُمْ فِى ٱلْكَلَـٰلَةِ ۚ إِنِ ٱمْرُؤٌا۟ هَلَكَ لَيْسَ لَهُۥ وَلَدٌۭ وَلَهُۥٓ أُخْتٌۭ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌۭ ۚ فَإِن كَانَتَا ٱثْنَتَيْنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِن كَانُوٓا۟ إِخْوَةًۭ رِّجَالًۭا وَنِسَآءًۭ فَلِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۗ يُبَيِّنُ ٱللَّهُ لَكُمْ أَن تَضِلُّوا۟ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌۢ

They seek ruling from you. Say, Allah gives you the ruling regarding kalalah. If a person perishes, he has no children, and he has a sister, then for her is half of what he has left. [Conversely], He will inherit [from] her [as an asabah], if she had no children. If there are two sisters for them it is two-thirds of that which he has left. If they are siblings, men and women, for the male is the share equal to two females. Allah clarifies for you lest you go astray. Allah has full knowledge of everything.

Terms

Ayni sibling a brother or sister from the same mother or father.

Allati sibling a brother or sister from the same father but different mother.

Agnate descendant an offspring related to the deceased without a female relative in between namely a son, daughter, son's son, son's daughter, son's son's son, son's son's daughter so on so forth.

Agnate ascendant a male ancestor related to the deceased without a female relative in between namely father, father's father, father's father's father so on so forth.

Kalalah a person who died without a living agnate descendant or ascendant. As in the deceased has no sons, daughters, son's son, or son's daughter however so low, as well as no surviving father. The sahabah and subsequently the ulama were differed regarding father's father and above.

Maxims

• (1) In the case that there is a male agnate descendant, the brother or sister will receive nothing
• (2a) In the case that there is a female agnate descendant, if the brother is without the sister they will receive whatever remains after distribution (asabah). The same is the case for the sister without the brother. If they are together, they will share the remainder with the brother getting double the sister's share
• (2b) In the case that there is no female agnate descendant, the brother's case is the same as above (2a) and will receive the remainder. The same is the case for the sister if she was with her brother. If the sister is without her brother the case is different.
• (3a) In the case that there is no female agnate descendant and brothers, if there is only one sister she will receive half of what the deceased has left.
• (3b) In the case that there is no female agnate descendant and brothers, if there are two or more sisters they will receive two thirds of the deceased has left.
• The ayni sibling is higher in rank than the allati sibling. Based on the closeness rule (الأقرب فالأقرب), the ayni siblings will receive their share first and in turn will deny or reduce the allati sibling's share.

Jalalayn

{يَسْتَفْتُونَك} فِي الْكَلَالَة {قُلْ اللَّه يُفْتِيكُمْ فِي الْكَلَالَة

They2 seek ruling from you regarding kalalah (those who died without an agnate descendant or ascendant). Say, Allah gives you the ruling regarding kalalah.

(1) Half

إنْ امْرُؤٌ} مَرْفُوع بِفِعْلٍ يُفَسِّرهُ {هَلَكَ} مَاتَ {لَيْسَ لَهُ وَلَد} أَيْ وَلَا وَالِد له وَهُوَ الْكَلَالَة {وَلَهُ أُخْت} مِنْ أَبَوَيْنِ أَوْ أَب {فَلَهَا نِصْف مَا تَرَكَ

If a person – [imra’] is marfu’ (nominative) due to the verb (halakah) which describes him - perishes, dies, [in a state that] he has no children and no father [alive]; this is [the description of a] kalalah, and he has a sister from [the same] parents or the father, then for her (the sister) is half of what he (the deceased) has left.

The scenario here is that a deceased has one sister and has no male agnate descendants (sons, son's son ...), and no father. Additionally, there is no female agnate descendant (daughter, son's daughter ...) and no brother of equal rank. In this case the sister will receive half. This is the case for the ayni and allati sisters respectively.

The ayni sister in the presence of the allati brother or sister will be unaffected due to her higher rank; and she will receive half. An ayni sister's case in the presence of female agnate descendant (cf. § asabah), another ayni sister (cf. § two-thirds), or an ayni brother (cf. § shared asabah) will be discussed below respectively.

The allati sister in the presence of an ayni brother will get nothing. The ayni brother takes the place of the son and father in their absence as an asabah. Additionally, due to his higher rank denies the allati siblings a share. An allati  sister's case in the presence of an allati brother, a female agnate descendant (such as a daughter), ayni sister(s), or another allati sister will be discussed below.

Note the ruling is the same irrespective if the deceased was male or female.

(2) Asabah

وَهُوَ} أَيْ الْأَخ كَذَلِكَ {يَرِثهَا} جَمِيع مَا تَرَكَتْ {إنْ لَمْ يَكُنْ لَهَا وَلَد} فَإِنْ كَانَ لَهَا وَلَد ذَكَر فَلَا شَيْء لَهُ أَوْ أُنْثَى فَلَهُ مَا فَضَلَ مِنْ نَصِيبهَا وَلَوْ كَانَتْ الْأُخْت أَوْ الْأَخ مِنْ أُمّ فَفَرْضه السُّدُس كَمَا تَقَدَّمَ أَوَّل السُّورَة

[Conversely], He, the [deceased] brother [from the same parents or father], [if he were alive] will likewise inherit [from] her, [his sister], all of what she has left if she had no children. [But] If she [the deceased] had a male [agnate] descendant, for [the brother] is nothing. Alternatively, [if she had a female [agnate] descendant], for [the brother] is [that which remains] in excess of [the female descendant’s] share.

The scenario here is that the deceased has left brother(s) and has no male agnate descendants (sons, son's son …), and no father. Additionally, there is no sisters of equal rank. In this case, the brother will receive that which remains as asabah after giving to other eligible heirs their share. This is the case for the ayni and allati brother respectively.

The ayni brother in the presence of the allati brother or allati sister will be unaffected due to his higher rank; he will receive the remainder (asabah). Similar is the case if there is are female agnate descendants. The ayni brother in the presence of the ayni sister will share the asabah proportionally as will be discussed below in the 'shared asabah' section.

The ayni sister in the absence of the ayni brother but in the presence of the female agnate descendant (daughter, son's daughter …), will become asabah.

The allati brother in the presence of an ayni brother will get nothing. Likewise, he will get nothing in the presence of the ayni sister who is an asabah; in other words if there is ayni sister(s) along with female agnate descendants. The the allati brother will remain unaffected as an asabah and receive the remainder if there is ayni sister(s) without female agnate descendants or vice vice versa. The allati brother in the presence of the allati sister will share the asabah proportionally as will be discussed below in the 'shared asabah' section.

The allati sister will receive nothing due to the presence of any who deny the allati brother a share. The allati in the absence of the ayni brother but in the presence of the female agnate descendant (daughter, son's daughter …), will become asabah.

The akhyafi siblings are treated as a separate category; they have no association with the allocation of the ayni or allati siblings. The akhyafi brother or sister akhyafi, If they are alone, they will get a sixth as has been highlighted in ayat 12 of this surah (cf. Jalalayn 4:12b).    

Note that the ruling is the same for a brother inheriting from his brother and sister inheriting from her sister.

(4) Two thirds

{فَإِنْ كَانَتَا} أَيْ الْأُخْتَانِ {اثْنَتَيْنِ} أَيْ فَصَاعِدًا لِأَنَّهَا نَزَلَتْ فِي جابر وقد مات عن أخوات {فلها الثُّلُثَانِ مِمَّا تَرَكَ} الْأَخ

If there are two sisters or more - it was revealed regarding Jabir [b. Abdullah of what will happen if] he died [as a kalalah leaving behind only] sisters3 - for them is two-thirds of that which he, the [deceased] brother, has left.

The scenario here is that the deceased has left two or more sisters and has no male agnate descendants (sons, son's son …), and no father. Additionally, there are no brother(s) of equal or higher rank and no female agnate descendants. In this case, the sisters are allocated two-thirds of that which was left by the deceased. This is the case for the ayni and allati sisters accordingly.

The ayni sisters are unaffected by the presence of the allati sister. Likewise, they are unaffected by the presence of the allati brother. The case of the ayni sisters alongside ayni brother(s) will be discussed below in the 'shared asabah' section.

The allati sisters in the presence of one ayni sister will get a sixth based on a rule called takmilat al-thuluthayn. Note that the the ayni and allati sisters are one group with differing ranks. This group of sisters are allocated 2/3 collectively or its equivalent 4/6 for the purpose of our explanation. The ayni sister due to her seniority gets half as mentioned above which is 3/6. So from the allocation of 4/6 (or two-thirds) there remains only 1/6 which is given to the allati sister(s). Accordingly, the allati sister(s) in the presence of two ayni sisters (and no allati brothers) will get nothing as the two-third allocation would have been already given. In the presence of the allati brother who is inheriting as an asabah, they will inherit proportionally as will be discussed in the 'shared asabah' section.

(5) Shared asabah

{وَإِنْ كَانُوا} أَيْ الْوَرَثَة {إخْوَة رِجَالًا وَنِسَاء فَلِلذَّكَرِ} مِنْهُمْ {مِثْل حَظّ الْأُنْثَيَيْنِ

If they, the inheritors, are siblings, men and women, for the male among them is the share equal to two females.

The scenario here is that the deceased has left brother(s) and sister(s) of the same rank and no male agnate descendants (sons, son's son …), and no father. In this case, the brother and sister of the same rank will inherit together with the brother getting double the share of the sister. 

Guidance

يُبَيِّن اللَّه لَكُمْ} شَرَائِع دِينكُمْ ل {أَنْ} لَا {تَضِلُّوا وَاَللَّه بِكُلِّ شَيْء عَلِيم} وَمِنْهُ الْمِيرَاث رَوَى الشَّيْخَانِ عَنْ الْبَرَاء أَنَّهَا آخِر آيَة نَزَلَتْ أَيْ مِنْ الْفَرَائِض

Allah clarifies for you the laws of your religion so that you don’t4 go astray. Allah has full knowledge of everything. Among [his knowledge includes] inheritance.

The two Shaykhs (Bukhari5 and Muslim) report from Bara’ [b ‘Azib] that this was the last verse to be revealed; as in related to inheritance.

The scenario 

Notes

Allm. Jalaluddin Suyuti highlights that the امرؤٌ has a dammah because of the verb (هلك). The Kufan and Sibawayh tolerate the fa’il (doer) coming before the fi'l (verb). Bar a few exceptions, the Basrans and others state that the fa'il (doer) must come after the fi'l (verb). So what is the explanation? It cannot be said that امرؤٌ is mubtada (a subject) and هلك is its khabr (predicate) because the word إن (conditional clause) dictates that it be fi'liyyah-shartiyyah (verbal-conditional) sentence. A suggested solution is that the verb (هلك) is implicit (محذوف) before the noun (امرؤٌ)  and the explicit (ظاهر) verb after it clarifies what is the implicit verb.

The ayat states 'walad' (ولد) which being certainly applies to male agnate descendants and can extend to female agnate descendants. There is ijma that it extends to agnate descendants (son's son, son's daughter however so low). Allm. Suyuti RH adds the criterion of 'no father' (والد) to walad. This is based on the fatwa of Abu Bakr Siddiq RA. Allm. Qurtubi6 quotes the linguist Jurjani7 as stating that walad (ولد) can come in the meaning of lineage (ذرية) which is composed of the father and son. There is ijma that in the presence of a father, the siblings will receive nothing. There is a dispute whether siblings will receive anything in the presence of the father's father, father's father's father however so high. Abu Siddiq Siddiq RA et al. are of the view that  the case of the grandfather's presence is the same as the father and siblings will get nothing in his presence. This is the position of Imam Abu Hanifah RA. Zayd b. Thabit RA et al. are of the the view that the grandfather will be treated similar to the case of siblings and they may inherit alongside.  This issue is called mas'alah al-akdariyyah or muqasamat al-jadd which is addressed in more detail in the books of mirath such as Siraji.

Allm. Suyuti qualifies that the sister (أخت) here is referring to ayni or allati sisters. The ruling does not apply to akhyafi (sibling from the same mother but different father). There is ijma' upon this. Furthermore, the ruling for akhyafi siblings have come in the earlier part of the Surah (ayat 12) and this ayat expands upon the ruling of kalalah rather than replace it.

Note the ruling is the same irrespective if the deceased was male or female.

• 1The issue of kalalah comes twice in Surah Nisa; the beginning of Surah Nisa (ayat 12) and at the end of Surah Nisa (ayat 174). Following the season order, the first was revealed in the winter (شتاء) and the second was revealed later in the summer (الصيف). Hence, this ayat is refererred to as Ayat Ṣayf (cf. Mafatih al-Ghayb v. 11 p. 275).
• 2Jabir b. Abdullah et al. (Sahih Bukhari #4577). Allm Suyuti will allude to it in a few lines.
• 3Sahih Bukhari (1437/2016, Bushra) p. 2004 #4577
• 4'Don't go astray' (لا تضل) is suggested by Kisa'i RH, Farra RH, and other Kufan Scholars (Ma'ani al-Quran p. 197). The Basran scholars suggest 'lest they go astray' (كراهية تضل). In either case, the message is similar as in to avoid becoming misguided one should heed the rules of Allah Almighty. cf. Tafsir Abu Sa'ud
• 5Sahih Bukhari (1437/2016, Bushra) p. 2019 #4605
• 6al-Jami li Ahkam al-Quran v.7 p. 240
• 7Likely the linguist Abdul Qahir Jurjani