﷽
*Surah An-Nisa, Verse 11:*
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِّنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا
Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.
*COMMENTARY*
The principles of inheritance law are laid down in broad outline in the Qur-ān; the precise details have been worked out on the basis of the Prophet's practice and that of his Companions, and by interpretation and analogy. Muslim jurists have collected a vast amount of learning on this subject, and this body of law is enough by itself to form the subject of life-long study. Here we shall deal only with the broad principles to be gathered from the Text, as interpreted by the jurists.
1. The power of testimony disposition extends over only one-third of the property; the remaining two-thirds are distributed among heirs as laid down.
2. All distribution takes place after the legacies and debts (including funeral expenses) have first been paid.
3. Legacies cannot be left to any of the heirs included in the scheme of distribution; or it will amount to upsetting the shares and undue preference of one heir to another.
4. Generally, but not always, the male takes a share double that of a female in his own category.
At first sight, the Arabic words seem to mean: "If more than two daughters." But the alternative in the next clause is: "If only one daughter." Logically, therefore, the first clause must mean: "If daughters, two or more." This is the general interpretation, and is confirmed by the supplementary provision in verse 176 (Sūra An-Nisāa) at the end of the Sūra, which should be read along with this.
This verse deals with the portions allotted to:
A. Children, and
B. Parents.
The next verse deals with the portions allotted to:
C. Husband or wife of the deceased, and
D. Collaterals.
The children's shares are fixed, but their amount will depend upon what goes to the parents. If both parents are living, and there are also children, both father and mother take a sixth each: if only one parent is living, he or she takes his or her sixth; and the rest goes to the children. If the parents are living, and there is no child or other heir, the mother gets a third (and the father the remaining two-thirds); if there are no children, but there are brothers or sisters (this is interpreted strictly in the plural), the mother has a sixth, and the father apparently the residue, as the father excludes collaterals. This is far from being an exhaustive statement, but it establishes the proposition that children and parents have always some share if they survive, but their shares are affected by the existence and number of the heirs in their categories.
﷽
*Surah An-Nisa, Verse 12:*
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 كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوا أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ وَصِيَّةً مِّنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ
In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of lagacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing.
*COMMENTARY*
The husband takes a half of his deceased wife's property if she leaves no child, the rest going to residuaries; if she leaves a child, the husband gets only a fourth. Following the rule that the female share is generally half the male share, the window gets a fourth of her deceased husband's property, if he leaves no children, and an eighth if he leaves children. If there are more widows than one, their collective share is a fourth or an eighth as the case may be; inter se they divide equally.
The word in Arabic is "kalālat", which is so construed usually. But it was nowhere define authoritatively in the lifetime of the Messenger. This was one of the three terms about which Hadhrat 'Umar Ibnul-Khattāb wished that the Messenger had defined them in his lifetime, the other two being the share of grandfather, and ribā (usury). On the accepted definition, we are concerned with the inheritance of a person who has left no descendant or ascendant (however distant), but only collaterals, with or without a widow or widower. If there is a widow or widower surviving. She or he takes the share as already defined, before the collaterals come in.
A "brother or sister" is here interpreted to mean a uterine brother or sister, i.e, a brother or sister by the same mother but not by the same father, as the case of full brothers and sisters or brothers and sisters by the same father but different mothers is understood to be dealt with later, in the last verse of this Sūra. The uterine brother or sister, if only one survives, takes a sixth; if more than one survive, they take a third collectively, and divide among themselves; this on the supposition that there are no descendants or ascendants, however remote. There may, however, be a widow or widower surviving: she or he takes her or his share, as already specified.
The shares of collaterals generally are calculated on a complicated system which cannot be described in a brief note. For these, and the rules about Residuaries ('Asaba) reference should be made to special legal treaties.
Debts (in which funeral expenses take first rank) and legacies are the first charge on the estate of a deceased person, before distribution takes place. But equity and fair dealing should be observed in all matters, so that no one's interests are prejudiced. Thus funeral expenses should be reasonable; debts must be genuine and not reckless debts; and the shares must be calculated with fairness.
*Surah An-Nisa, Verse 11:*
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِّنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا
Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.
*COMMENTARY*
The principles of inheritance law are laid down in broad outline in the Qur-ān; the precise details have been worked out on the basis of the Prophet's practice and that of his Companions, and by interpretation and analogy. Muslim jurists have collected a vast amount of learning on this subject, and this body of law is enough by itself to form the subject of life-long study. Here we shall deal only with the broad principles to be gathered from the Text, as interpreted by the jurists.
1. The power of testimony disposition extends over only one-third of the property; the remaining two-thirds are distributed among heirs as laid down.
2. All distribution takes place after the legacies and debts (including funeral expenses) have first been paid.
3. Legacies cannot be left to any of the heirs included in the scheme of distribution; or it will amount to upsetting the shares and undue preference of one heir to another.
4. Generally, but not always, the male takes a share double that of a female in his own category.
At first sight, the Arabic words seem to mean: "If more than two daughters." But the alternative in the next clause is: "If only one daughter." Logically, therefore, the first clause must mean: "If daughters, two or more." This is the general interpretation, and is confirmed by the supplementary provision in verse 176 (Sūra An-Nisāa) at the end of the Sūra, which should be read along with this.
This verse deals with the portions allotted to:
A. Children, and
B. Parents.
The next verse deals with the portions allotted to:
C. Husband or wife of the deceased, and
D. Collaterals.
The children's shares are fixed, but their amount will depend upon what goes to the parents. If both parents are living, and there are also children, both father and mother take a sixth each: if only one parent is living, he or she takes his or her sixth; and the rest goes to the children. If the parents are living, and there is no child or other heir, the mother gets a third (and the father the remaining two-thirds); if there are no children, but there are brothers or sisters (this is interpreted strictly in the plural), the mother has a sixth, and the father apparently the residue, as the father excludes collaterals. This is far from being an exhaustive statement, but it establishes the proposition that children and parents have always some share if they survive, but their shares are affected by the existence and number of the heirs in their categories.
﷽
*Surah An-Nisa, Verse 12:*
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 كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوا أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ وَصِيَّةً مِّنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ
In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of lagacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing.
*COMMENTARY*
The husband takes a half of his deceased wife's property if she leaves no child, the rest going to residuaries; if she leaves a child, the husband gets only a fourth. Following the rule that the female share is generally half the male share, the window gets a fourth of her deceased husband's property, if he leaves no children, and an eighth if he leaves children. If there are more widows than one, their collective share is a fourth or an eighth as the case may be; inter se they divide equally.
The word in Arabic is "kalālat", which is so construed usually. But it was nowhere define authoritatively in the lifetime of the Messenger. This was one of the three terms about which Hadhrat 'Umar Ibnul-Khattāb wished that the Messenger had defined them in his lifetime, the other two being the share of grandfather, and ribā (usury). On the accepted definition, we are concerned with the inheritance of a person who has left no descendant or ascendant (however distant), but only collaterals, with or without a widow or widower. If there is a widow or widower surviving. She or he takes the share as already defined, before the collaterals come in.
A "brother or sister" is here interpreted to mean a uterine brother or sister, i.e, a brother or sister by the same mother but not by the same father, as the case of full brothers and sisters or brothers and sisters by the same father but different mothers is understood to be dealt with later, in the last verse of this Sūra. The uterine brother or sister, if only one survives, takes a sixth; if more than one survive, they take a third collectively, and divide among themselves; this on the supposition that there are no descendants or ascendants, however remote. There may, however, be a widow or widower surviving: she or he takes her or his share, as already specified.
The shares of collaterals generally are calculated on a complicated system which cannot be described in a brief note. For these, and the rules about Residuaries ('Asaba) reference should be made to special legal treaties.
Debts (in which funeral expenses take first rank) and legacies are the first charge on the estate of a deceased person, before distribution takes place. But equity and fair dealing should be observed in all matters, so that no one's interests are prejudiced. Thus funeral expenses should be reasonable; debts must be genuine and not reckless debts; and the shares must be calculated with fairness.
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