Anwar Al-Quran

Verses 11–12

4. An-Nisaa · The Women

Madinan176 verses

يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا

4:11Allah enjoins you concerning your children: for the male shall be the like of the share of two females, and if there be [two or] more than two females, then for them shall be two-thirds of what he leaves; but if she be alone, then for her shall be a half; and for each of his parents a sixth of what he leaves, if he has children; but if he has no children, and his parents are his [sole] heirs, then it shall be a third for his mother; but if he has brothers, then a sixth for his mother, after [paying off] any bequest he may have made or any debt [he may have incurred]. Your parents and your children—you do not know which of them is likelier to be beneficial for you. This is an ordinance from Allah. Indeed Allah is all-knowing, all-wise.12

۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۚ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةًۭ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ

4:12For you shall be a half of what your wives leave, if they have no children; but if they have children, then for you shall be a fourth of what they leave, after [paying off] any bequest they may have made or any debt [they may have incurred]. And for them [it shall be] a fourth of what you leave, if you have no children; but if you have children, then for them shall be an eighth of what you leave, after [paying off] any bequest you may have made or any debt [you may have incurred]. If a man or woman is inherited by siblings and has a brother or a sister, then each of them shall receive a sixth; but if they are more than that, then they shall share in one third, after [paying off] any bequest he may have made or any debt [he may have incurred] without prejudice. [This is] an enjoinment from Allah, and Allah is all-knowing, all-forbearing.3

Tafsir

Commentary on this passage

Verse 11

1.This is the condition, when only girls are heir and there is no other heir. According to the tradition of Sunni scholars the remaining portion should be given to another heir. This is not mentioned in the verse of Holy Quran and those who have certified this tradition are liars.

2.The word ‘children’ is common, whether be it a boy or a girl and the word ‘abawain’ denotes parents. Now the question arises, after taking out their share what is to be done with the remaining portion? According to Shias after taking out their share it will be returned to them as there is no other heir. And according to Ahle Sunnat it will be handed over to the father but it is not supported by Quranic proofs and all are equal in a relationship.

3.This Quranic verse mentions the bequest first but as per law debt comes first whether it be formal or lawful. Such as Khums, Zakat, Hajj and vows etc. because there is ‘aw’ (or) in this verse and not ‘waw’ (and) and waw is also not the proof of sequence.

Verse 12

4.There are two causes for legacy in Islam.

(A) Blood relation:

(i) Parents and children

(ii) Brothers, sisters and grandparents

(iii) Maternal and parental uncles etc.

(B) Marital Relation: Wife and Husband The difference between them is that in the first one the distant relative will inherit only when there is no close relative otherwise all children of Adam (a.s.) will claim inheritance of every dead person. The second type with the first kind will be having the right to its share. Firstly the share of the husband or wife will be separated and then the remaining will be distributed among the close relatives. It is another thing that the husband will be rightful possessor of all of his wife’s property and the wife will get only from the movable property of her husband. The relation of a wife to her husband is detachable but the relation of a husband to his wife is not so.

Footnotes

Explanations of words and phrases in these verses

  1. 1

    It should be clear that if there are no issue it is Matarak and if there are children it is Mimmatarak. This indicates that in one condition it is the half of whatever they leave and in the second it is the fourth portion after the shares of the children have been removed. However for the wives in both cases Mimma Tarak has been stated. This shows that they will not get from the whole of whatever is left behind. They shall not be able to get the residential house, landed property etc. because these are immovable assets and the relationship of the wife is ‘movable’. She can move out after taking divorce.

  2. 2

    This is a restriction on man that he has no right to make such a bequest that could harm the successors and neither can they agree to honor debts that one hurt the successors.

  3. 3

    The word Khaledeen is used for the inmates of Paradise while for the inmates of Hell, Khaldan is used. That the inmates of Hell shall not even enjoy the company of their companions. That they may revel in this desire solace.

  4. Benefit

    The law of inheritance is a natural law. It is based on the fact that since one person is having a part of another in him. So after him he should also have a share in his inheritance. Otherwise everyone will give up working towards the end of their lives. And in this way the economy will suffer as seen in the case of France.