Tafseer Verse 7-10
The Necessity of Surrendering the Inheritance According to the Portions that Allah Ordained
Sa`id bin Jubayr and Qatadah said, “The idolators used to give adult men a share of inheritance and deprive women and children of it. Allah revealed;
لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ
(There is a share for men from what is left by parents and those nearest in relation).” Therefore, everyone is equal in Allah’s decision to inherit, even though their shares vary according to the degree of their relationship to the deceased, whether being a relative, spouse, etc. Ibn Marduwyah reported that Jabir said, “Umm Kujjah came to the Messenger of Allah ﷺ and said to him, `O Messenger of Allah! I have two daughters whose father died, and they do not own anything.’ So Allah revealed;
لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ
(There is a share for men from what is left by parents and those nearest in relation.)” We will mention this Hadith when explaining the two Ayat about inheritance. Allah knows best. Allah said,
وَإِذَا حَضَرَ الْقِسْمَةَ
(are present at the time of division,) those who do not have a share in the inheritance,
وَالْيَتَـمَى وَالْمَسَـكِينُ
(and the orphans and the poor), are also present upon dividing the inheritance, give them a share of the inheritance. Al-Bukhari recorded that Ibn `Abbas said that the Ayah,
وَإِذَا حَضَرَ الْقِسْمَةَ أُوْلُواْ الْقُرْبَى وَالْيَتَـمَى وَالْمَسَـكِينُ
(And when the relatives and the orphans and the poor are present at the time of division), was not abrogated. Ibn Jarir recorded that Ibn `Abbas said that this Ayah still applies and should be implemented. Ath-Thawri said that Ibn Abi Najih narrated from Mujahid that implementing this Ayah, “Is required from those who have anything to inherit, paid from whatever portions their hearts are satisfied with giving away.” Similar explanation was reported from Ibn Mas`ud, Abu Musa, `Abdur-Rahman bin Abi Bakr, Abu Al-`Aliyah, Ash-Sha`bi and Al-Hasan. Ibn Sirin, Sa`id bin Jubayr, Makhul, Ibrahim An-Nakha`i, `Ata’ bin Abi Rabah, Az-Zuhri and Yahya bin Ya`mar said this payment is obligatory. Others say that this refers to the bequeathal at the time of death. And others say that it was abrogated. Al-`Awfi reported that Ibn `Abbas said that this Ayah,
وَإِذَا حَضَرَ الْقِسْمَةَ
(And when are present at the time of division), refers to divisions of inheritance. So, when poor relatives, who are ineligible for inheritance, orphans, and the poor attend the division of the inheritance, which is sometimes substantial, their hearts will feel eager to have a share, seeing each eligible person assuming his share; while they are desperate, yet are not given anything. Allah the Most Kind, Most Compassionate, commands that they should have a share in the inheritance as an act of kindness, charity, compassion and mercy for them.
Observing Fairness in the Will
Allah said,
وَلْيَخْشَ الَّذِينَ لَوْ تَرَكُواْ مِنْ خَلْفِهِمْ
(And let those have the same fear in their minds as they would have for their own, if they had left behind…) `Ali bin Abi Talhah reported that Ibn `Abbas said that this part of the Ayah, “Refers to a man who is near death and he dictates a will and testament that harms some of the rightful inheritors. Allah commands whoever hears such will to fear Allah, and direct the dying man to do what is right and to be fair, being as eager to protect the inheritors of the dying man as he would be with his own.” Similar was reported from Mujahid and several others. The Two Sahihs record that when the Messenger of Allah ﷺ visited Sa`d bin Abi Waqqas during an illness he suffered from, Sa`d said to the Messenger, “O Messenger of Allah! I am wealthy and have no inheritors except a daughter. Should I give two-thirds of my property in charity” He said, “No.” Sa`d asked, “Half” He said, “No.” Sa`d said, “One-third” The Prophet said;
«الثُّلُثُ، وَالثُّلُثُ كَثِير»
(One-third, and even one-third is too much.) The Messenger of Allah ﷺ then said,
«إِنَّكَ أَنْ تَذَرَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَذَرَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاس»
(You’d better leave your inheritors wealthy rather than leaving them poor, begging from others.)
A Stern Warning Against Those Who Use Up the Orphan’s Wealth
It was also said that the Ayah
وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ
(consume it not wastefully and hastily, fearing that they should grow up,) means, let them have Taqwa of Allah when taking care of the orphan’s wealth, as Ibn Jarir recorded from Al-`Awfi who reported this explanation from Ibn `Abbas. This is a sound opinion that is supported by the warning that follows against consuming the orphan’s wealth unjustly. In this case, the meaning becomes: Just as you would want your offspring to be treated fairly after you, then treat other people’s offspring fairly when you are given the responsibility of caring for them. Allah proclaims that those who unjustly consume the wealth of orphans, will be eating fire into their stomach, this is why Allah said,
إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَلَ الْيَتَـمَى ظُلْماً إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَاراً وَسَيَصْلَوْنَ سَعِيراً
(Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!) meaning, when you consume the orphan’s wealth without a right, then you are only consuming fire, which will kindle in your stomach on the Day of Resurrection. It is recorded in the Two Sahihs that Abu Hurayrah said that the Messenger of Allah ﷺ said,
«اجْتَنِبُوا السَّبْعَ الْمُوبِقَات»
(Avoid the seven great destructive sins. ) The people asked, “O Allah’s Messenger! What are they” He said,
«الشِّرْكُ بِاللهِ، وَالسِّحْرُ، وَقَتْلُ النَّفْسِ الَّتِي حَرَّمَ اللهُ إِلَّا بِالْحَقِّ، وَأَكْلُ الرِّبَا، وَأَكْلُ مَالِ الْيَتِيمِ، وَالتَّوَلِّي يَوْمَ الزَّحْفِ، وَقَذْفُ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ الْغَافِلَات»
(To join others in worship along with Allah, magic, to kill the life which Allah has forbidden except for a just cause, to consume interest, to consume an orphan’s property, to turn your back to the enemy and flee from the battlefield at the time of fighting, and to accuse chaste women who never even think of anything harmful to their chastity being good believers.)
Tafseer Verse 11
Learning the Various Shares of the Inheritance is Encouraged
This, the following, and the last honorable Ayah in this Surah contain the knowledge of Al-Fara’id, inheritance. The knowledge of Al-Fara’id is derived from these three Ayat and from the Hadiths on this subject which explain them. Learning this knowledge is encouraged, especially the specific things mentioned in the Ayat. Ibn `Uyaynah said; “Knowledge of Al-Fara’id was called half of knowledge, because it effects all people.”
The Reason Behind Revealing Ayah 4:11
Explaining this Ayah, Al-Bukhari recorded that Jabir bin `Abdullah said, “Allah’s Messenger ﷺ came visiting me on foot with Abu Bakr at Banu Salamah’s (dwellings), and the Prophet found me unconscious. He asked for some water, performed ablution with it, then poured it on me, and I regained consciousness. I said, `What do you command me to do with my money, O Allah’s Messenger’ this Ayah was later revealed,
يُوصِيكُمُ اللَّهُ فِى أَوْلَـدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الاٍّنْثَيَيْنِ
(Allah commands you for your children’s (inheritance); to the male, a portion equal to that of two females).” This is how it was recorded by Muslim and An-Nasa’i. The remainder of the Six compilers also collected this Hadith. Another Hadith from Jabir concerning the reason behind revealing Ayah 4:11 Ahmad recorded from Jabir that he said, “The wife of Sa`d bin Ar-Rabi` came to Allah’s Messenger and said to him, `O Allah’s Messenger! These are the two daughters of Sa`d bin Ar-Rabi`, who was killed as a martyr at Uhud. Their uncle took their money and did not leave anything for them. They will not be married unless they have money.’ The Messenger ﷺ said, `Allah will decide on this matter.’ The Ayah about the inheritance was later revealed and the Messenger of Allah ﷺ sent word to their uncle commanding him,
«أَعْطِ ابْنَتَيْ سَعْدٍ الثُّلُثَيْنِ، وَأُمَّهُمَا الثُّمُنَ، وَمَا بقِيَ فَهُوَ لَك»
(Give two-thirds (of Sa`d’s money) to Sa`d’s two daughters and one eighth for their mother, and whatever is left is yours.)” Abu Dawud, At-Tirmidhi, and Ibn Majah collected this Hadith. It is apparent, however, that the first Hadith from Jabir was about the case of the last Ayah in the Surah 4:176, rather than 4:11, for at the time this incident occurred, Jabir had sisters and did not have daughters, parents or offspring to inherit from him. Yet, we mentioned the Hadith here just as Al-Bukhari did.
Males Get Two Times the Share of Females for Inheritance
Allah said,
يُوصِيكُمُ اللَّهُ فِى أَوْلَـدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الاٍّنْثَيَيْنِ
(Allah commands you for your children’s (inheritance): to the male, a portion equal to that of two females;) Allah commands: observe justice with your children. The people of Jahiliyyah used to give the males, but not the females, a share in the inheritance. Therefore, Allah commands that both males and females take a share in the inheritance, although the portion of the males is twice as much as that of the females. There is a distinction because men need money to spend on their dependants, commercial transactions, work and fulfillling their obligations. Consequently, men get twice the portion of the inheritance that females get. Allah’s statement,
يُوصِيكُمُ اللَّهُ فِى أَوْلَـدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الاٍّنْثَيَيْنِ
(Allah commands you for your children’s (inheritance): to the male, a portion equal to that of two females;) testifies to the fact that Allah is more merciful with children than their own parents are with them, since He commands the parents to be just and fair with their own children. An authentic Hadith stated that a captured woman was looking for her child and when she found him, she held him, gave him her breast and nursed him. The Messenger of Allah ﷺ said to his Companions,
«أَتُرَوْنَ هذِهِ طَارِحَةً وَلَدَهَا فِي النَّارِ وَهِيَ تَقْدِرُ عَلى ذَلِك»
(Do you think that this woman would willingly throw her child in the fire) They said, “No, O Messenger of Allah.” He said,
«فَوَاللهِ للهُ أَرْحَمُ بِعِبَادِهِ مِنْ هذِهِ بِوَلَدِهَا»
(By Allah! Allah is more merciful with His servants than this woman is with her own child.) Al-Bukhari recorded that Ibn `Abbas said, “The custom (in old days) was that the property of the deceased would be inherited by his offspring; as for the parents (of the deceased), they would inherit by the will of the deceased. Then Allah cancelled whatever He willed from that custom and ordained that the male get twice the amount inherited by the female, and for each parent a sixth (of the whole legacy), for the wife an eighth or a fourth, and for the husband a half or a fourth.”
The Share of the Females When They Are the Only Eligible Heirs
Allah said,
فَإِن كُنَّ نِسَآءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ
(if only daughters, two or more, their share is two-thirds of the inheritance;) We should mention here that some people said the Ayah only means two daughters, and that `more’ is redundant, which is not true. Nothing in the Qur’an is useless or redundant. Had the Ayah been talking about only two women, it would have said, “The share of both of them is two-thirds.” As for the daughters, two or more, the ruling that they get two-thirds was derived from this Ayah, stating that the two sisters get two-thirds. We also mentioned the Hadith in which the Prophet commanded that two-thirds be the share of the two daughters of Sa`d bin Ar-Rabi`. So this is proven in the Book and the Sunnah.
وَإِن كَانَتْ وَحِدَةً فَلَهَا النِّصْفُ
(if only one, her share is half.) If there are two daughters, then there are texts to prove they share a half. Therefore, two-thirds is the share of the two daughters or sisters, and Allah knows best.
Share of the Parents in the Inheritance
Allah said,
وَلاًّبَوَيْهِ لِكُلِّ وَحِدٍ مِّنْهُمَا السُّدُسُ
(For parents, a sixth share of inheritance to each) There are several forms of the share that the parents get in the inheritance. 1. If the deceased left behind children, the parents get a sixth each. When the deceased had only one daughter, she gets half of the inheritance and the parents each one sixth, and another sixth is given to the father. 2. When the parents are the only inheritors, the mother gets one-third while the father gets the remaining two-thirds. In this case, the father’s share will be twice the mother’s share. If the deceased had a surviving spouse, the spouse gets half, in the case of a husband, or a fourth in the case of a surviving wife. In both cases, the mother of the deceased gets one-third of the remaining inheritance. This is because the remaining portion of the inheritance is treated just as the entire legacy in regard to the parents’ share. Allah has given the mother one-half of what the father gets. Therefore, the mother gets a third of the remaining inheritance while the father gets two-thirds. 3. If the deceased left behind surviving brothers and sisters, whether half brothers, half sisters or from the same father and mother, their presence does not cause reduction in the father’s share. Yet, their presence reduces the share of the mother to one-sixth instead of one-third, and the father gets the rest, when there are no other heirs. Ibn Abi Hatim recorded that Qatadah commented on the Ayah,
فَإِن كَانَ لَهُ إِخْوَةٌ فَلاٌّمِّهِ السُّدُسُ
(If the deceased left brothers or (sisters), the mother has a sixth.) “Their presence will reduce the share of the mother, but they will not inherit. If there is only one surviving brother, the mother’s share will remain one-third, but her share will be reduced if there is more than one surviving brother. The people of knowledge attribute this reduction in the mother’s share from one-third (to one-sixth) to the fact that the father is the one who helps the brothers (and sisters) of the deceased get married, spending from his own money for this purpose. The mother does not spend from her money for this purpose.” This is a sound opinion.
First the Debts are Paid Off, then the Will, then the FixedInheritance
Allah said,
مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَآ أَوْ دَيْنٍ
((The distribution in all cases is) after the payment of legacies he may have bequeathed or debts.) The scholars of the Salaf and the Khalaf agree that paying debts comes before fulfilling the will, and this is apparent to those who read the Ayah carefully. Allah said next,
ءَابَآؤُكُمْ وَأَبناؤُكُمْ لاَ تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً
(You know not which of them, whether your parents or your children, are nearest to you in benefit.) This Ayah means: We have appointed a share to the parents and children, contrary to the practice of Jahiliyyah and the early Islamic era, when the inheritance would go to the children, and parents get a share only if they were named in the will, as Ibn `Abbas stated. Allah abrogated this practice and appointed a fixed share for the children and for the parents. One may derive benefit in this life or for the Hereafter from his parents, the likes of which he could not get from his children. The opposite of this could also be true. Allah said,
ءَابَآؤُكُمْ وَأَبناؤُكُمْ لاَ تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً
(You know not which of them, whether your parents or your children, are nearest to you in benefit,): since benefit could come from one or the other of these relatives, We appointed a fixed share of inheritance for each. Allah knows best. Allah said,
فَرِيضَةً مِّنَ اللَّهِ
(ordained by Allah), meaning: These appointed shares of inheritance that We mentioned and which give some inheritors a bigger share than others, is a commandment from Allah that He has decided and ordained,
إِنَّ اللَّهَ كَانَ عَلِيماً حَكِيماً
(And Allah is Ever All-Knower, All-Wise.), Who places everything in its rightful place and gives each his rightful share.