The Meaning of the word “Kalaalah“**
(This article was
basically written in reply to some comments/criticisms that I
received from a brother, on my article: “Understanding the Law
of Inheritance of the Qur'an“. It may kindly be noted that in contrast to the
general writings on this web site, this article is of a comparatively technical nature and
knowledge of the Arabic language may be necessary to fully comprehend it.)
Mr. Salim Morgan, in his letter to
Mr. Sultan writes:
“Kalaala has the two meanings as you
have said. However, the meaning in the verse is the first one (no parents OR
offspring) because that is the only way it makes sense in that context. In the area
of inheritance law, I don't believe this is an area of any difference of opinion among the
scholars.“
Mr. Morgan, when he says that “the meaning in
the verse is the first one (no parents OR offspring)” actually means that the word
“Kalaalah” has been used in the Qur'an for such a person who leaves
behind EITHER no parents OR no offspring. I must confess here that almost all Arabic
dictionaries give one of the meanings of the word “Kalaalah“, as
“a person who leaves behind NEITHER parents NOR offspring”, but unfortunately I
could not come across even a single authentic Arabic dictionary which gives the meaning of
the word “Kalaalah” as is stated by Mr. Morgan. I would therefor be quite
interested in finding out what exactly is the source of Mr. Morgan's opinion.
Now, let us try to analyse the meaning of the word
“kalaalah” as used in the Qur'an. The related part of the verse under
consideration (Al-Nisaa 4: 12)
should be translated as:
And if a man or a woman is made an
heir on account of being a Kalaalah [relative] and he [or she] has one brother or
sister, the brother and sister shall each receive a sixth and if they be more than two,
they shall then share in one-third,after
carrying out any will that had been made or payment of any debt owed - without harming
anyone. This is a command from Allah and Allah is all-knowing, most forbearing.”
Rather than give my comments on
Mr. Morgan's observation, I present the meaning of the word “Kalaalah“,
as it has been used in the Qur'an, basing my opinion on some of the most authentice and
recognized sources of the Arabic language. The word “Kalaalah” is used
in three (not two) meanings. Zamukhsharee in his commentary on the Qur'an, “Al-Kashaaf“,
while explaining Al-Nisaa 4: 12 writes:
“… Kalaalah is
used in three meanings: It is used as an adjective for such a person who leaves behind [as
inheritors] neither parents nor offspring; it is also used for those who are left behind
[as inheritors] and who are neither parents nor offspring of the deceased; and it is also
used for any relationship besides that of parent or offspring. Arabs say: “Maa
waris al-majd `an kalalatin” [i.e. 'he did not inherit nobility from a far off
relation']. This is the same as you would say: “Maa samata `an `ayyin”
[i.e. 'it was not due to incapacity that he remained silent in the discussion'] or: “Maa
kaffa `an Jubnin” [i.e. 'it was not cowardice that stopped him']. “Kalaalah”
is actually a verbal noun in the meaning of “Kalaal“, and “Kalaal”
means: 'loss of power due to incapacity'. A line of one of Aa`shaa's verses reads
as: “fa aalaito la arthee lahaa min kalaalatin” [i.e. 'then I
swore that I shall not be kind to him due to his weaknesses']. Then, in figurative speech
the word was used for relations other than those of parent and child. The reason was that
such relationship was weak as compared to the relations of parent and child. And when the
word is used as an adjective for the person whose wealth is being inherited or for the
inheritors, it is then used in the meaning of “Zu Kalaalah“. As you
would say: “Fulaanun min qaraabatee” implying “fulaanun min
zawee qaraabatee“. This word, like the words “Hajaajah” and
“Faqaaqah” used in the meaning of 'idiot', can also be used as an
adjective…“
It is worth mentioning here that the first meaning
mentioned by Zamukhsharee [i.e. a person who leaves behind [as
inheritors] neither parents nor offspring], although is not against the principles of
Arabic language [i.e. the meaning of a verbal noun may be used for both the active and the
passive participles] , but it could not be found in any original source of the classical
Arabic literature.
As far as the second meaning
mentioned by Zamukhsharee [i.e. those who are left behind [as inheritors] and who are
neither parents nor offspring of the deceased] is concerned, the word is abundantly used
in this meaning in the classical Arabic literature. For instance, Yazeed ibn al-Hakam
al-Thaqafiyy, advising his son, says:
'A person is miserly
in fulfilling his [financial] obligations [toward his bretheren] and [after his death] his
herds that graze in the forests are taken away by his Kalaalah relatives'
Azharee has quoted a poet as
saying:
'[When a person is
wronged,] then his father is the first one to defend him, his Kalaalah
relatives [in such cases] are not [as] furious [as his father]'
A Bedouin has been quoted in “Lisaan
al-Arab” as saying:
'I possess a great
amount of wealth, but my inheritors are only Kalaalah relatives.'
According to a narrative reported by
Muslim, Jaabir (ra) is reported to have said to the Prophet:
'O Messenger of Allah,
my inheritors are only Kalaalah relatives.'
In a number of narratives used by the
commentators of the Qur'an, the word “Kalaalah” has been used in this
meaning. For instance, Abu Bakr Jassaas in “Ahkaam al-Qur'an”
writes:
'In this connexion,
one of the two opinions ascribed to Abu Bakr, `Ali and Ibn Abbaas
is that “all relatives of a person except parents and offspring are Kalaalah
relatives”. Mohammad ibn Saalim reports from Sha`bee and Sha`bee
from Ibn Masood that Ibn Masood said that “Besides parents and
offspring, all relatives are Kalaalah“. The same meaning is also narrated
from Zayd ibn Thaabit.'
As far as the third meaning mentioned by Zamukhsharee
[i.e. any relationship besides that of parent or offspring]
is concerned, the usage of the word in this meaning in the classical Arabic literature is
also quite common. For instance, Tarmaah
says:
'He swings his arms,
which he has not inherited on the basis of a distant relation. With it he ruptures the
hidden parts of her thighs'
A line of one of `Aamir ibn Tufail's verse
reads as:
'And the tribe of
`Aamir did not make me their leader on the basis of my distant relation'
The most elaborate Arabic dictionary, “Lisaan
al-Arab”, while explaining the meaning of the word, writes:
'Arabs say: “lum
yarith ho Kalaalatan” to imply that he did not inherit [something] on the basis
of a distant relation, rather he has received the inherotance on the basis of a close
relation [with the deceased] and a rightful claim.'
Thus, relying on the sources quoted above, it is
quite obvious that the word “Kalaalah”, in the classical Arabic language was
used in three (not two) different meanings. These meanings are:
- A person, who leaves behind neither parents nor
offspring; - Those relatives of a person who are neither his
parents nor offspring; and - Any relationship of a person besides parents and
offspring.
Now, let us try to ascertain in which of the three
stated meanings is the word “Kalaalah” used in the Qur'anic verse under
consideration (Al-Nisaa 4: 12). For
this purpose, we shall once again have to take a close look at the verse.
Although the Muslim jurists are more or less
unanimous in their opinion that the word “Kalaalah” has been used in
the first meaning stated above [i.e. , A person, who leaves behind neither parents nor
offspring], but there is a clear evidence in the verse itself that proves that such is not
the case. In fact, if all the words of the verse are fully considered, it becomes
impossible to say that the word “Kalaalah” is used in the first meaning
stated above.
A close look at the verses [Al-Nisaa 4: 11, 12] in which the inheritance
law has been laid down, shows that after the shares of the deceased's offspring and
parents has been given [end of verse Al-Nisaa 4: 11], the Qur'an has stressed
carrying out the will of the deceased in the words:
'after carrying out
any will [of the deceased]'
And then again, after the shares of the husband has
been laid down [Al-Nisaa 4: 12], the Qur'an has stressed that the will of the
deceased wife should be carried out, using the words:
'after carrying out
any will that they [i.e. the wives'] have made'
And then after the share of the wives has been laid
down [Al-Nisaa 4: 12], the Qur'an has stressed that the will of the deceased
husband should be carried out, using the words:
'after carrying out
any will you have made'
In all these three cases, the Qur'an has used these
verbs in active form [
three verbs is clearly stated in the respective sentences. On the other hand, in the verse
that lays out the directive regarding “Kalaalah” the same verb has been
used in the passive form [
'after carrying out
any will that has been made'
this change is a clear evidence that in the sentence 
is being distributed - is not stated. Thus, in this verse, “Kalaalah”
can in no way be interpreted as an adjective for the deceased. This change from active to
passive verbs in the Qur'an leaves no ground to take the word “Kalaalah”
in its first stated meaning [i.e. A person, who leaves behind neither parents nor
offspring].
As far as the preference between the second and the
third stated meanings of the word “Kalaalah” is concerned, because of
the fact that the implication of the verse remains the same in either case, this
preference shall be made on the basis of a judgment regarding which of the two stated
meanings helps in giving the sentences a better literary sense.
Thus, the verb 
be a passive verb from the category of 
causative object of the verb 
used in the sentence in its deficient form (naaqisah) and 
to this interpretation, shall either be:
And if a man or a
woman is made an heir on account of being a Kalaalah [relative]…
or:
And if a man or a
woman is made an heir on account of his/her Kalaalah relationship [with the
deceased]…
This is the basis of the interpretation of the verse
under consideration, mentioned in my original article. I do
acknowledge the fact that the meaning of the word “Kalaalah” according
to this interpretation is not the one that has generally been taken by the Muslim jurists.
But the fact remains that the ultimate criteria for us - Muslims - is not the opinion of
any one or more jurists but the Qur'an. I have stated above that the words and the
construction of the related sentences of the Qur'an do not allow us to accept the the
meaning that has generally been ascribed to this word. I do submit that the opinion
expressed in this article can be incorrect, and the one expressed by the jurists can be
correct. But any meaningful comment or criticism on my article or in defense of the
opinion expressed by the jurists should primarily concentrate on the liguistic errors in
my interpretation of the meaning of the word “Kalaalah“; or any other
linguistic error in my interpretation and ascription of the meaning of the word “Kalaalah“,
as it has been used in the Qur'an.
© Copyright June, 1999. All Rights Reserved
with the Author
Home Page
Use this “Home
Page” link only if you have opened this page by following an external link
**- The original
article, as well as the reply to this criticism and comment is primarily based on the
research work of my teacher, Javed Ahmad Ghamidi.