Sūrah Nisā’ (1-14)
بسم الله الرحمن الرحيم
يَا أَيُّهَا النَّاسُ اتَّقُواْ رَبَّكُمُ الَّذِي خَلَقَكُم مِّن نَّفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالاً كَثِيرًا وَنِسَاء وَاتَّقُواْ اللّهَ الَّذِي تَسَاءلُونَ بِهِ وَالأَرْحَامَ إِنَّ اللّهَ كَانَ عَلَيْكُمْ رَقِيبًا (١)
وَآتُواْ الْيَتَامَى أَمْوَالَهُمْ وَلاَ تَتَبَدَّلُواْ الْخَبِيثَ بِالطَّيِّبِ وَلاَ تَأْكُلُواْ أَمْوَالَهُمْ إِلَى أَمْوَالِكُمْ إِنَّهُ كَانَ حُوبًا كَبِيرًا (٢)
وَإِنْ خِفْتُمْ أَلاَّ تُقْسِطُواْ فِي الْيَتَامَى فَانكِحُواْ مَا طَابَ لَكُم مِّنَ النِّسَاء مَثْنَى وَثُلاَثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلاَّ تَعْدِلُواْ فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ذَلِكَ أَدْنَى أَلاَّ تَعُولُواْ وَآتُواْ النَّسَاء صَدُقَاتِهِنَّ نِحْلَةً فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًا (٣-٤)
وَلاَ تُؤْتُواْ السُّفَهَاء أَمْوَالَكُمُ الَّتِي جَعَلَ اللّهُ لَكُمْ قِيَاماً وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفًا وَابْتَلُواْ الْيَتَامَى حَتَّىَ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُواْ وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَى بِاللّهِ حَسِيبًا (٥-٦)
لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا وَإِذَا حَضَرَ الْقِسْمَةَ أُوْلُواْ الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينُ فَارْزُقُوهُم مِّنْهُ وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفًا وَلْيَخْشَ الَّذِينَ لَوْ تَرَكُواْ مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَافًا خَافُواْ عَلَيْهِمْ فَلْيَتَّقُوا اللّهَ وَلْيَقُولُواْ قَوْلاً سَدِيدًا (٧-٩)
إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَى ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا وَسَيَصْلَوْنَ سَعِيرًا (١٠)
يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ فَإِن كُنَّ نِسَاء فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلأُمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلأُمِّهِ السُّدُسُ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَآؤُكُمْ وَأَبناؤُكُمْ لاَ تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً فَرِيضَةً مِّنَ اللّهِ إِنَّ اللّهَ كَانَ عَلِيما حَكِيمًا (١١)
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ (١٢)
تِلْكَ حُدُودُ اللّهِ وَمَن يُطِعِ اللّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الْفَوْزُ الْعَظِيمُ وَمَن يَعْصِ اللّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ (١٣-١٤)
You people! Have fear of your Lord, who created you from a single soul and from its genre He created its spouse,1 and through these two scattered many men and women [in the earth]. Fear God, in whose name you plead with one another,2 and fear breaking blood relations. Indeed, God is ever-watching you.3 (1)
[Fear God] and give the orphans the wealth which belongs to them. Neither exchange their valuables for your worthless ones4 nor devour their wealth by mixing it with yours.5 This is because it is a grievous sin.6 (2)
And if you fear that you cannot treat orphans with justice, then you may marry the women [with them] who seem appropriate to you:7 two two, three three, or four four of them. But if you fear that you cannot maintain justice [among them], marry one only8 or any slave-girls you may own.9 This will make it easier for you to avoid injustice. And give these women their dowers also the way dowers are given;10 but if [however] they, of their own good pleasure,11 remit any part of it to you, take it and consume it gladly. (3-4)
And [if the orphan is naive and mentally immature as yet], do not give to these immature the wealth with which Allah has entrusted you for your sustenance and support;12 but generously feed and clothe them with its proceeds,13 and say words of kindness to them. And keep evaluating these orphans until they reach marriageable age.14 Then if you find them capable, hand over their wealth to them, and do not devour it by squandering it and consuming it hastily fearing that they would soon come of age. And the [guardian of the orphan] who is rich should abstain [from his wealth] and he who is poor should eat [from it in lieu of his service] according to the norms [of society].15 Then when you hand over their wealth to them, call in witnesses; And [remember that] Allah alone suffices to take account of all your actions.16 (5-6)
Men shall also have a share in what [your] parents and kinsmen leave and women shall also have a share in what [your] parents and kinsmen leave whether this legacy be little or much, as an ascertained amount.17 However, if relatives, orphans, or the needy who happen to come by at the distribution of an inheritance, give them too a share of it, and speak to them kind words.18 Those people should fear that if they themselves would have left their young children after their own death, they would have been very anxious. For this reason, they should fear Allah and speak justly [in every matter]. (7-9)
[Listen! And Beware!] Undoubtedly, those who unjustly devour the wealth of orphans swallow fire into their bellies; and soon they shall enter the burning fire of Hell. (10)
God enjoins you concerning your children that among them19 a boy’s share is equal to that of two girls’.20 And, if there are only girls among the children and they are [two or] more than two,21 then they shall be given two-thirds of the inheritance, and, if there is only one girl, then her share is half.22 But a sixth of the inheritance [before this] should be given to each of the parents23 if they have children,24 and if there are no children and only the parents are the heirs, then the mother’s share is a third [and the rest is for the father];25 however, if there are brothers and sisters,26 then the mother’s share is the same one-sixth27 [and the father’s share is also the same one-sixth]. These shares should be given after the execution of any will he may have bequeathed28 and after discharging any debts he [may] have left behind.
You know not who among your children and parents are nearest to you in benefit. [For this very reason], these shares are fixed by God. Indeed, God is Wise and All-Knowing.29 (11)
And to you belongs a half of what your wives leave, if they die childless. And if they have children, a quarter of what they leave shall be yours after execution of any will they may have bequeathed and after discharging any [outstanding] debts. And your wives shall inherit a quarter of what you leave, if you die childless. And if you have children, then they shall inherit one-eighth, after execution of any will you may have bequeathed, and after discharging any of your [outstanding] debts.30
And [in the absence of these heirs] if a man or a woman is made an heir on account of being a relative [of the deceased]31 and he [or she] has one brother or sister, then the brother and sister shall receive a sixth, and if they be more than this, then they shall be sharers in one-third [and the remaining shall be given to the person who is made an heir],32 after the execution of any will bequeathed and any [outstanding] debts – without harming anyone. This is a command from God, and God is Gracious and All-Knowing.33 (12)
These are the bounds set by God [do not exceed them], and [remember], those who obey God and His Messenger, He shall admit them in gardens beneath which streams flow. They shall remain in them forever and this is the supreme triumph. And those who defy God and His Messenger and exceed the bounds set by Him, He shall cast them into a Fire wherein they will abide forever. And for them is a humiliating punishment. (13-14)
(Translated from Al-Bayān by Shehzad Saleem)
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1.The Qur’ānic words used are:وَخَلَقَ مِنْهَا زَوْجَهَا . If they are interpreted in the light of the following verse of Sūrah Nahl:وَاللّهُ جَعَلَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا (٧٢:١٦), they can only be translated the way they have been above. There is no need to translate them as “from it” or “through it”
2. The Qur’ānic word used is: تَسَاءلُونَ. Just as it means to ask and pose questions to one another, it also means to ask for one another’s help. Here it is used in this second sense.
3. This opening verse is a comprehensive introduction to the directives given in this sūrah. Imām Amīn Ahsan Islāhī, while elaborating upon them, writes:
Firstly, the taqwā (fearing God) which this verse mentions has a special occasion and context. It means that this world has not come into existence of its own accord; it has been created by God Who is the Creator as well as the Lord of all. It is therefore unseemly for a person to regard this world to be a wandering herd which has no shepherd to attend to it and make it a target of his oppression and tyranny; on the contrary, it is his obligation to adhere to justice and clemency in its affairs; for he should know that God is very powerful and mighty and just. Those who will oppress His creation will not escape His anger and wrath. He is watching over every thing.
Secondly, all mankind is the family of Adam. All of it was created by the Almighty from Adam and Eve. Being the progeny of Abraham, all human beings are equal. No one is superior to the other. Whatever their colour, cast or creed, all human beings are equal. All of them are God’s creation and the children of Adam. The relationship with God and with this one family is common to all. Its natural requirement is that all should serve and worship God and like members of the same family live among others with justice and fairness, love and affection.
Thirdly, just as mankind is the progeny of one father, their mother is also one: Eve. God has created Eve from the same species as Adam. For this reason, a woman is not inferior, mediocre or a natural sinner. As a human being, she is equal in status to a man. Neither can she be divested from her rights by considering her to be inferior and lowly nor made a target of oppression and injustice by considering her to be weak.
Fourthly, it is the fear of God and regard for blood relationships that has always remained a motivational force for mutual help and co-operation. It is on the basis of these two that a person appeals for help when he is confronted with some difficulty or danger and since this appeal is based on human nature, in most cases it is very effective. However, those who ask for their rights in the name of God and blood relationships often forget that just as it is right to demand their right on the basis of these relations, it is also their duty to carry out their obligation towards them. A person who is very vigilant in demanding something in the name of God but is not willing to discharge the rights imposed on him, is a person guilty of deceiving God and showing insincerity to blood relationships. Such a sin can only be committed by a person whose heart is devoid of the spirit of virtue. Just as those who are aware of the right of God and blood relationships try to benefit from both of these, they are equally vigilant in carrying out their responsibilities and in reality it is this balance between demanding rights and discharging them which is the real beauty of an Islamic society. It is towards this reality that the words وَاتَّقُوا اللَّهَ الَّذِي تَتَسَاءَلُونَ بِه وَالْأَرْحَامَ refer to. (Amīn Ahsan Islāhī, Tadabbur-i Qur’ān, vol. 2, 246-247)
4. The Qur’ānic words used are:خَبِيثَ and ِطَّيِّب. Just as these are used for what is evil and good in the moral sense, they are also used for what is good and defective in the material sense.
5. The Qur’ānic words used are: وَلاَ تَأْكُلُواْ أَمْوَالَهُمْ إِلَى أَمْوَالِكُمْ. The preposition إِلَى is related to ضَمّاً or some similar word which has been suppressed as per linguistic principles.
6. The whole verse means that Guardians of the orphans should return their wealth to them and should not think of devouring it themselves. They should know that unjustly consuming the wealth of orphans is like filling one’s belly with fire. Furthermore, this will lead them to the fire of Hell in the Hereafter. So no one should try to swap his poor merchandise and assets for their good ones. Neither should a person try to benefit from their wealth while mixing it with his own feigning administrative ease. If such intermingling needs to be done, then it should only be for the orphans’ welfare and well-being and not to usurp their wealth.
7. The Qur’ānic words used are: مَا طَابَ لَكُم. They can also mean “who are likeable” or “who agree”. The meaning I have preferred is more apt to the context and occasion.
8. This verse was not primarily revealed to state any directive regarding polygamy. It was actually revealed to make use of the pre-existing practice of polygamy in Arabia for the welfare of the orphans. At other places, the Qur’ān has clearly alluded to the fact that as per the norms of human nature, the real benefits and advantages of the institution of family manifest themselves in a monogamous family. Consequently, it is stated in various verses that the father of mankind: Adam (rta) was blessed with one wife. It is basically social, psychological, political and cultural needs from which arose the need for polygamy. Such needs existed in various societies to different extents. To cater for these specific needs the Almighty never forbade this practice in the sharī‘ah He gave in various periods of time. Here, in this verse, Muslims are directed to make use of this practice to solve a similar issue. It is said that protecting the wealth of the orphans as well as their right is a heavy responsibility, and if they feared that they would not be able to do justice to the onerous responsibility and by sharing this responsibility by including the orphan’s mother or sister they would create ease for themselves, then they should marry women who are suitable for them. However, it has been made conditional upon two things:
First, even for as noble an objective as the welfare of orphans, a person cannot marry more than four wives.
Second, if a person is not able to deal justly with all four wives he should not marry more than one. Justice is a value that has to be maintained at all costs and cannot be sacrificed even for such a noble cause.
9. This has been said because till that time, the institution of slavery had not yet been abolished. Thus, in spite of the fact a prohibition of enslaving men and women had been revealed in Sūrah Muhammad, this exception was necessary for the slaves which already existed in the society. Later on the Qur’ān directed people to do mukātabat with them. This was a proclamation of the fact that their fate was in their own hands and they could carve out their own future for them by asking for their liberation.
Here it needs to be kept in consideration that at the time of the revelation of the Qur’ān, the institution of slavery was as essential to the economic and social needs of the society as the institution of interest is considered in present day societies. In markets, slave-men and slave-women were bought and sold, and affluent houses had slave-men and slave-women of all ages. In such circumstances, a sudden directive for their emancipation would have resulted in many evils: for livelihood, men would have been forced to resort to beggary and women to prostitution. For this precise reason, the Qur’ān adopted a gradual way to eradicate this evil from the society and after many gradual measures of eradication, revealed the law of mukātabat referred to above in Sūrah Nūr (24:33). After it, there was no possibility of enslaving someone who could stand on his feet and also be righteous. Inshallāh, I will explain this law in detail in the tafsīr of Sūrah Nūr (24:33).
10. The Qur’ānic word used is نِحْلَةً. It is declined in the accusative because it is a verbal noun. The implication is that the dower should be given to these women the way it is given to common women. This plea cannot be taken that since marriage is being contracted for the welfare of the orphaned children, no responsibility remains.
11. The Qur’ānic word used is فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ. The word عَن here signifies withdrawal. The implication is that if they withdraw from their demand of the dower out of their own wish or show some other lenience, there is nothing wrong in this. If people want, they can benefit from it.
12. It is evident from this that besides the rights of ownership the aspect of family and collective welfare should also be kept in consideration because the loss of the wealth of a person is a loss for the whole family and at times even the whole society. For this very reason, the Almighty in this verse has called the wealth of an orphan the wealth of the society and has directed that if an orphan is immature and naïve, it is the obligation of the guardians that they should keep his wealth in their protection and should not entrust it to him, for there is a chance that he will end up losing the money which the Almighty has made a means of sustenance and existence for people.
13. The Qur’ānic words used are وَارْزُقُوهُمْ فِيهَا (feed them in it). The word فِيهَا is pointing to the fact the needs of the orphans should be generously provided for from their wealth. This is in accordance with Arabic usage. In the given sentence, had the word منها been used instead of فِيهَا, it would have meant that they should be given some part of their wealth for this purpose.
14. The implication is that by entrusting them with some small or heavy responsibilities, they should keep judging whether the orphans have developed in them the ability to bear their responsibilities and an appreciation of matters. The reason is that sexual maturity does not necessarily entail intellectual maturity. In all such matters, this principle should be kept in consideration.
15. The guardians are advised here that though charging for a service they offer is not prohibited yet if they are well-off, they should not take anything from the orphans in return for their service, and if they are poor, they can take their due according to the norms of the society. Imām Amīn Ahsan Islāhī writes:
… norms (َمعْرُوْف) means to benefit in a sensible manner from the wealth of the orphans in a way that is congruous with the nature of obligations, status of the property, general circumstances and the standard of living of the guardian. It should not be the case that a sane person should start speedily devouring and consuming the wealth of an orphan thinking that he would soon reach the age of maturity. (Amīn Ahsan Islāhī, Tadabbur-i Qur’ān, vol. 2, 255).
16. They should remember that one day they will have to present this account before God also Who hears and knows all; so nothing can be concealed from Him.
17. This is a reference to the shares of inheritance which have been prescribed in the subsequent verses so that man receives guidance in a matter about which he cannot decide himself and no chance remains for powerful inheritors to usurp and snatch the legacy of a deceased person. Imām Amīn Ahsan Islāhī writes:
… before the advent of Islam, the situation in Arabia, in fact, the whole world was that all the weak, not only women and orphans, were at the mercy of powerful heirs. At one instance, the Qur’ān has referred to this by the words: وَتَأْكُلُونَ التُّرَاثَ أَكْلًا لَمًّا (٨٩: ١٩) (and grab hold of the inheritance usurp it, (89:19)). To address this situation, the Qur’ān prescribed the shares of all the heirs whether men or women. When a person, after reciting the previous verses reaches this verse, he thinks that it is as if by the blessings of the rights of the orphans the door to ascertain the rights of others has also been opened. In other words, not only those who were themselves devoid of rights were granted these rights, others too by virtue of these were granted these rights. Women were mentioned in particular because it was for the first time that they too got a place right next to men as far as rights were concerned, and in the legacy of the parents and kin, a prescribed share from God –whether little or big – was made mandatory. (Amīn Ahsan Islāhī, Tadabbur-i Qur’ān, vol. 2, 256)
18. Although the shares of the heirs to a deceased are fixed, yet if at the time of distribution of inheritance these people come by, then even though they may not have any legal right in the inheritance, they should be given something and be spoken to in a befitting manner at their departure. The mannerisms of stingy people should not be adopted on such occasions.
19. The Qur’ānic words used are: يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ. It is evident from these words that the shares which are mentioned subsequently are regarded by God as His will. Obviously, after this no Muslim can dare make his own will in parallel to the will of God.
20. If this directive had ended on this sentence, then it would have meant that if the children of a deceased are only a boy and a girl, then the boy will receive twice as much as the girl. If the number of boys and girls exceed this, then the inheritance shall be divided among them in a manner that each boy receives twice the share of a girl, and if there are only boys or only girls, then the whole inheritance shall be given to whoever among the two is present. However, the directive does not end here; in an exception stated adjacent to it, the Qur’ān has stated that if there are only girls, then all the inheritance money shall not be distributed among them: if there is only one girl, she will receive one half of the inheritance, and if there are two or more than two girls, then their share is two-thirds. The reason for this is that the law of God is not based on the emotions of people; it is based on His unbiased justice. The benefit of girls for their parents is less than that of the boys because after marriage most of her benefit is transferred to her husband and her husband’s family. For this very reason, the Qur’ān has stipulated her share to be half that of a boy and if there are only girls among children it has also reduced their share.
21. The Qur’ānic words used are فَوْقَ اثْنَتَيْنِ (more than two). However, I have interpreted them as “two or more than two”. The reason behind this is that before it, the word اثْنَتَيْنِ (two) has been suppressed, which is owing to the style and pattern of the Arabic language. If, in the language of the Qur’ān, the share of a girl and of two or more girls are to be stated separately owing to a difference in their proportions, then there can be two ways of doing so. If an ascending order arrangement is adopted, then the share of one girl shall be stated first followed by the share of two girls. If the share of more than two girls is to be the same as that of two girls, then there is no need to mention it in words. After specifying the share of two girls after that of one, owing to a difference in their amount, if a silence follows, then this is a clear indication that the share of more than two girls is equal to that of two girls’. If a descending order arrangement is employed, then again, the words فَوْقَ اثْنَتَيْنِ او اثنتين (more than two or two) are inappropriate as regards the linguistic style and pattern of Arabic; so after stating the shares of more than two girls, the share of one girl will be stated. In this style and arrangement, the commencement of a sentence by فَوْقَ اثْنَتَيْنِ bears evidence to a suppression of the word اثْنَتَيْنِ before it. A little deliberation shows that the verse readily suggests this fact. The order of the arrangement demands that اثْنَتَيْنِ should come after فَوْقَ اثْنَتَيْنِ, while linguistic considerations dictate that اثنتين should come before فَوْقَ اثْنَتَيْنِ. To fulfill both these requirements, the Qur’ān has suppressed the word اثْنَتَيْنِ by employing an ellipsis in the descending order arrangement. In the last verse of Sūrah Nisā’, these shares are stated in an ascending order. Accordingly, we observe there that فَوْقَ اثْنَتَيْنِ is suppressed after اثْنَتَيْنِ:
إِنْ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَا إِنْ ‘ لَمْ يَكُنْ لَهَا وَلَدٌ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ (١٧٦:٤)
If a man dies childless and he has only one sister, she shall inherit half of what he leaves and if a sister dies childless, then her brother shall be her heir; and if there are two sisters, they shall inherit two-thirds of what he [or she] leaves. (4:176)
22. The sentence فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَك (and if there are only girls among the children and they are more than two, then they shall receive two-thirds of the inheritance) is an exception to لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ (a boy’s share is equal to that of two girls’). This means that if among the children of the deceased there are girls, their share is two-thirds or half which in case of boys only would all have been distributed among them. The copulative particle وَ (and) in وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَك (and if the deceased has children, then the parents shall inherit a sixth each) does not co-ordinate this clause either to فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ (and if there are only girls among the children and they are more than two) or to وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْف (and if there is only one girl, then her share is half); in fact, it co-ordinates it to the whole directive above which relates to the shares of the children.
23. This sentence is not co-ordinated to the shares of the girls just mentioned; it is co-ordinated to the whole directive above which relates to the shares of the children. Hence this co-ordination is emendative (li al-istidrāk) in nature. The reason is that though it is clear from the words لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ (a boy’s share is twice a girl’s), their actual proportion has not been indicated. Thus the shares of the parents and the spouses mentioned later shall necessarily be given first and whatever remains shall only be distributed among the children. Whether among the children, there are only boys or both boys and girls, the same principle shall apply. Similarly, if only female offspring are present, then they shall receive two-thirds or half (whatever the case may be) from the remaining inheritance and not in any case from the total inheritance. The expression فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ (and if there are only girls among the children and they are more than two) is an exception to لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ (a boy’s share is equal to that of two girls’) and explains one of its aspects and it cannot have a different implication than it.
24. The Qur’ānic words used are: إِنْ كَانَ لَهُ وَلَدٌ (if he has children). The word وَلَدٌ (walad) here is used both for male and female children. This word is used here and also in the shares of the spouses. It has this same meaning in each of these places. In all the cases mentioned, whether boys and girls in the indicated numbers are present or absent, these connotations of the word shall be considered understood.
25. The words in parenthesis are suppressed here. When it is said: “If the heirs of this money are only Zāhid and ‘Alī, then Zāhid’s share is one-third”, then after this there is no need to say that “the remaining two-thirds is for ‘Alī.”
26. The Qur’ānic word used is إِخْوَةٌ. Though it is a plural word, it only signifies the existence of an entity. It merely specifies that in the presence of brothers and sisters regardless that they are one, two, or more in number, the parental shares revert to their original amount.
27. The Qur’ānic words used are فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُس. the words وَلِاَبِيْهِ السُّدُس (and the father’s share is [also] one-sixth) or words of similar meaning are suppressed. The correct analysis of these verses is: “If there are children, then both the father and the mother shall receive one-sixth. If there are no children and only parents are the heirs, then the mother’s share is a third; but if there are brothers and sisters, then the mother’s share is the same one-sixth.” One can very well see how this style effectively induces the mind to spontaneously jump to the suppressed words: “and the father’s share is also the same one-sixth.”
28. It is evident from this that the right to make a will still rests with a person. However, in the verses ahead, the Qur’ān has qualified it with the word غَيْرَ مُضَآرٍّ. This means that this will should be of such amount that it does not infringe on the rights of the heirs. For this very reason, the Prophet (sws) advised that it is better that a person not make a will beyond one-third of his legacy.
29. The reason why this part of the verse is juxtaposed between the ones which state the shares of the heirs is that it should become clear to people that since the Almighty Himself has indicated who the heirs of a deceased should be a more just law in this regard could not have been enacted. Hence, after this Divine Directive, no one has the right to bequeath his wealth on the basis of familial relationship in favour of the heirs designated by the Almighty Himself. However, this does not mean that a bequest or will cannot be made in favour of an heir because of some need he have or because he has been of some service to the deceased or because of any similar reason. The “benefit” which the verse mentions as being variable is the benefit which a person has in his capacity of being a relative to the deceased. It does not relate to the needs and benefits which are known to us or can be determined by us.
This is the real meaning of the verse. However, a little deliberation shows that the right to obtain an inheritance is based on the underlying cause of اَقْرَبُ نَفْعا (the closest in benefit), and the reason for the difference in the share of the heirs is also because their benefit for the deceased varies. Hence the share of a boy is twice of a girl and the share of a husband is twice that of a wife. Everyone knows that this benefit is by nature present in parents, children, brothers, sisters, husbands, wives and other close relations. Hence, in normal circumstances, they will be considered the heirs to the legacy of a deceased. However, if any of these relations instead of being of benefit to the deceased become an embodiment of harm for him, then, on the basis of the underlying reason of “closest in benefit” stated by the Almighty in these verses, such a relative shall not be regarded eligible to become an heir to the legacy.
A secondary guidance which is also obtained from this verse is that if in certain cases legacies are left over after distribution and the deceased has not made anyone an heir in them, then they too should be distributed to اَقْرَبُ نَفْعا (the closest in benefit).
At the end of the verse, it is stated that God knows all and is Wise. Imām Amīn Ahsan Islāhī, while explaining this, writes:
… this distribution is based on God’s knowledge and wisdom. His knowledge embraces what is present and what is not and what is in the past and what is in the future. No one’s understanding can grasp the extent of His knowledge. Similarly, every act and work of His is based on deep wisdom and no one has the ability to understand all the intricacies of His wisdom. For this reason, neither should someone oppose this divine distribution [of shares] on the basis of knowledge or philosophy nor should anyone take a step against it in frenzy of bias and prejudice. At times, a person gives preference to someone because of his personal inclination towards him or her; however, this preference is wrong both with respect to this world and with that to the next. Similarly, at times he ignores someone because of his personal inclination whereas later circumstances prove that the attitude of the one he ignored was better both with respect of this world and to that of the Hereafter. Thus, the right attitude in this regard is that whatever step a person takes in this regard should be according to the sharī‘ah and not on the basis of his personal inclination. This attitude will bring blessings for him. Those who take a step in this regard against the sharī‘ah actually belittle God’s knowledge and wisdom for which they are generally punished in this world and will nevertheless be punished for it in the Hereafter. (Amīn Ahsan Islāhī, Tadabbur-i Qur’ān, vol. 2, 261).
30. These shares are evident from all aspects and like the shares of the parents shall be given from the whole legacy.
31. The Qur’ānic words used are: وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوْ امْرَأَةٌ. In them, the word كَلَالَةً is used for all relatives except parents and children. It is commonly used in this meaning in Arabic. No doubt, this word is also used for someone who neither has parents nor children, however, there exists evidence within the verse that here in this verse it is not used in this meaning. The discourse which began with the verseيُوصِيكُمْ اللَّهُ فِي أَوْلَادِكُمْ (God enjoins you about your children), it is observed that after a mention of the shares of the children and the parents, the Almighty has directed us to carry out the distribution of legacy by the words مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ (after the execution of any will he may have bequeathed and after discharging any debts he may have left behind). The directive is repeated in the shares of the spouses: مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ and مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ. A little contemplation shows that in all these instances the verb is used in the active voice (ma‘rūf) and the antecedents of يُوصِي (yūsī), يُوصِينَ (yūsīna) and تُوصُونَ (tūsūna) are clearly stated in each of these sentences. But in the verse of كلاله (kalālah), the verb is used in the passive voice (majhūl). This departure tells us that the subject (fā‘il) of the verb يُوصَى (yūsā) ie. the legator in this verse is not stated. Therefore, in this verse, the word كلاله (kalālah) cannot be regarded as an adjective for the deceased. The change conclusively testifies that the Qur’ān has not used the word in its first meaning, ie a person who does not leave behind either parents or children. Hence, in this verse, the verb يُورَثُ (yūrathu) is from the if‘āl category used in its passive form and كلاله (kalālah) is مفعول له (maf‘ūl lahū: an accusative on account of which something is done). كان (kāna) here is ناقصه (nāqisah: modal auxiliary) and يُورَثُ (yūrathu) is its خبر (khabar: inchoative). رجل او امرأة (rajulun aw imra’atun) are the اسماء (asmā: nouns) of كان (kāna).
Naturally, only the deceased person will have the right to make someone his heir. The meaning of the passive verb يُورَثُ (yūrathu) in this context can only be that an heir is made in the absence of the heirs whose shares are mentioned above.
32. This means that if a man or a woman from those associated with the same kin is made an heir, then if this heir has one brother or sister a sixth of the wealth he is made heir of will be given to the brother or sister and if the heir has more than one brother or sister, then they shall share equally in a third of what the heir himself receives, after all outstanding debts are paid off and the will he may have made is executed. After this, there remains no need to say that the remaining five-sixths or two-thirds (whatever might be the case) shall be given to the person whom the deceased had made his heir. If it is said: “Ahmad has made your son the heir of his wealth, but if he has a brother then the brother shall be entitled to a third of his share,” it clearly means that after the brother receives his share, the remaining money should be given to the son who has actually been made the heir.
This directive of the Qur’ān has a very sound reason behind it. Naturally, a deceased can choose to make any brother, sister, aunt or uncle (the kalālah relatives) his heir. But there can be other brothers or uncles besides the one who has been made an heir by a deceased. The case is no different for sisters or aunts also. A person can prefer any uncle or aunt. But the Almighty does not approve of totally depriving all other associations of the same relationship of any share. Therefore, if a person, for example, has made one of his paternal uncles, Zāhid, the heir to his remaining estate in the presence of two other paternal uncles, then the two shall share equally in a third of what Zāhid receives, and Zāhid himself shall receive the remaining two-thirds.
33. These words at the end of the verse serve as a warning that this piece of advice is from the Creator of the heavens and the earth has directed us about. If any of His creation deliberately deprives a rightful claimant from his share, then he should be aware that God has knowledge of all his deeds, and, if he errs unintentionally, the Almighty is Gracious and Merciful. He does not burden a person with a responsibility he cannot fulfil. All His directives bring ease and facility for His creation and are not meant to put them through hardship and difficulty.