Verses and Translation

يَـٰٓأَيُّہَا ٱلنَّاسُ ٱتَّقُواْ رَبَّكُمُ ٱلَّذِى خَلَقَكُم مِّن نَّفۡسٍ۬ وَٲحِدَةٍ۬ وَخَلَقَ مِنۡہَا زَوۡجَهَا وَبَثَّ مِنۡہُمَا رِجَالاً۬ كَثِيرً۬ا وَنِسَآءً۬‌ۚ وَٱتَّقُواْ ٱللَّهَ ٱلَّذِى تَسَآءَلُونَ بِهِۦ وَٱلۡأَرۡحَامَ‌ۚ إِنَّ ٱللَّهَ كَانَ عَلَيۡكُمۡ رَقِيبً۬ا (١) وَءَاتُواْ ٱلۡيَتَـٰمَىٰٓ أَمۡوَٲلَہُمۡ‌ۖ وَلَا تَتَبَدَّلُواْ ٱلۡخَبِيثَ بِٱلطَّيِّبِ‌ۖ وَلَا تَأۡكُلُوٓاْ أَمۡوَٲلَهُمۡ إِلَىٰٓ أَمۡوَٲلِكُمۡ‌ۚ إِنَّهُ ۥ كَانَ حُوبً۬ا كَبِيرً۬ا (٢) وَإِنۡ خِفۡتُمۡ أَلَّا تُقۡسِطُواْ فِى ٱلۡيَتَـٰمَىٰ فَٱنكِحُواْ مَا طَابَ لَكُم مِّنَ ٱلنِّسَآءِ مَثۡنَىٰ وَثُلَـٰثَ وَرُبَـٰعَ‌ۖ فَإِنۡ خِفۡتُمۡ أَلَّا تَعۡدِلُواْ فَوَٲحِدَةً أَوۡ مَا مَلَكَتۡ أَيۡمَـٰنُكُمۡ‌ۚ ذَٲلِكَ أَدۡنَىٰٓ أَلَّا تَعُولُواْ (٣) وَءَاتُواْ ٱلنِّسَآءَ صَدُقَـٰتِہِنَّ نِحۡلَةً۬‌ۚ فَإِن طِبۡنَ لَكُمۡ عَن شَىۡءٍ۬ مِّنۡهُ نَفۡسً۬ا فَكُلُوهُ هَنِيٓـًٔ۬ا مَّرِيٓـًٔ۬ا (٤) وَلَا تُؤۡتُواْ ٱلسُّفَهَآءَ أَمۡوَٲلَكُمُ ٱلَّتِى جَعَلَ ٱللَّهُ لَكُمۡ قِيَـٰمً۬ا وَٱرۡزُقُوهُمۡ فِيہَا وَٱكۡسُوهُمۡ وَقُولُواْ لَهُمۡ قَوۡلاً۬ مَّعۡرُوفً۬ا (٥) وَٱبۡتَلُواْ ٱلۡيَتَـٰمَىٰ حَتَّىٰٓ إِذَا بَلَغُواْ ٱلنِّكَاحَ فَإِنۡ ءَانَسۡتُم مِّنۡہُمۡ رُشۡدً۬ا فَٱدۡفَعُوٓاْ إِلَيۡہِمۡ أَمۡوَٲلَهُمۡ‌ۖ وَلَا تَأۡكُلُوهَآ إِسۡرَافً۬ا وَبِدَارًا أَن يَكۡبَرُواْ‌ۚ وَمَن كَانَ غَنِيًّ۬ا فَلۡيَسۡتَعۡفِفۡ‌ۖ وَمَن كَانَ فَقِيرً۬ا فَلۡيَأۡكُلۡ بِٱلۡمَعۡرُوفِ‌ۚ فَإِذَا دَفَعۡتُمۡ إِلَيۡہِمۡ أَمۡوَٲلَهُمۡ فَأَشۡہِدُواْ عَلَيۡہِمۡ‌ۚ وَكَفَىٰ بِٱللَّهِ حَسِيبً۬ا (٦) لِّلرِّجَالِ نَصِيبٌ۬ مِّمَّا تَرَكَ ٱلۡوَٲلِدَانِ وَٱلۡأَقۡرَبُونَ وَلِلنِّسَآءِ نَصِيبٌ۬ مِّمَّا تَرَكَ ٱلۡوَٲلِدَانِ وَٱلۡأَقۡرَبُونَ مِمَّا قَلَّ مِنۡهُ أَوۡ كَثُرَ‌ۚ نَصِيبً۬ا مَّفۡرُوضً۬ا (٧) وَإِذَا حَضَرَ ٱلۡقِسۡمَةَ أُوْلُواْ ٱلۡقُرۡبَىٰ وَٱلۡيَتَـٰمَىٰ وَٱلۡمَسَـٰڪِينُ فَٱرۡزُقُوهُم مِّنۡهُ وَقُولُواْ لَهُمۡ قَوۡلاً۬ مَّعۡرُوفً۬ا (٨) وَلۡيَخۡشَ ٱلَّذِينَ لَوۡ تَرَكُواْ مِنۡ خَلۡفِهِمۡ ذُرِّيَّةً۬ ضِعَـٰفًا خَافُواْ عَلَيۡهِمۡ فَلۡيَتَّقُواْ ٱللَّهَ وَلۡيَقُولُواْ قَوۡلاً۬ سَدِيدًا (٩) إِنَّ ٱلَّذِينَ يَأۡڪُلُونَ أَمۡوَٲلَ ٱلۡيَتَـٰمَىٰ ظُلۡمًا إِنَّمَا يَأۡڪُلُونَ فِى بُطُونِهِمۡ نَارً۬ا‌ۖ وَسَيَصۡلَوۡنَ سَعِيرً۬ا (١٠) يُوصِيكُمُ ٱللَّهُ فِىٓ أَوۡلَـٰدِڪُمۡ‌ۖ لِلذَّكَرِ مِثۡلُ حَظِّ ٱلۡأُنثَيَيۡنِ‌ۚ فَإِن كُنَّ نِسَآءً۬ فَوۡقَ ٱثۡنَتَيۡنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ‌ۖ وَإِن كَانَتۡ وَٲحِدَةً۬ فَلَهَا ٱلنِّصۡفُ‌ۚ وَلِأَبَوَيۡهِ لِكُلِّ وَٲحِدٍ۬ مِّنۡہُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ ۥ وَلَدٌ۬‌ۚ فَإِن لَّمۡ يَكُن لَّهُ ۥ وَلَدٌ۬ وَوَرِثَهُ ۥۤ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ‌ۚ فَإِن كَانَ لَهُ ۥۤ إِخۡوَةٌ۬ فَلِأُمِّهِ ٱلسُّدُسُ‌ۚ مِنۢ بَعۡدِ وَصِيَّةٍ۬ يُوصِى بِہَآ أَوۡ دَيۡنٍ‌ۗ ءَابَآؤُكُمۡ وَأَبۡنَآؤُكُمۡ لَا تَدۡرُونَ أَيُّهُمۡ أَقۡرَبُ لَكُمۡ نَفۡعً۬ا‌ۚ فَرِيضَةً۬ مِّنَ ٱللَّهِ‌ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمً۬ا (١١) ۞ وَلَڪُمۡ نِصۡفُ مَا تَرَكَ أَزۡوَٲجُڪُمۡ إِن لَّمۡ يَكُن لَّهُنَّ وَلَدٌ۬‌ۚ فَإِن ڪَانَ لَهُنَّ وَلَدٌ۬ فَلَڪُمُ ٱلرُّبُعُ مِمَّا تَرَڪۡنَ‌ۚ مِنۢ بَعۡدِ وَصِيَّةٍ۬ يُوصِينَ بِهَآ أَوۡ دَيۡنٍ۬‌ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكۡتُمۡ إِن لَّمۡ يَڪُن لَّكُمۡ وَلَدٌ۬‌ۚ فَإِن ڪَانَ لَڪُمۡ وَلَدٌ۬ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَڪۡتُم‌ۚ مِّنۢ بَعۡدِ وَصِيَّةٍ۬ تُوصُونَ بِهَآ أَوۡ دَيۡنٍ۬‌ۗ وَإِن كَانَ رَجُلٌ۬ يُورَثُ ڪَلَـٰلَةً أَوِ ٱمۡرَأَةٌ۬ وَلَهُ ۥۤ أَخٌ أَوۡ أُخۡتٌ۬ فَلِكُلِّ وَٲحِدٍ۬ مِّنۡهُمَا ٱلسُّدُسُ‌ۚ فَإِن ڪَانُوٓاْ أَڪۡثَرَ مِن ذَٲلِكَ فَهُمۡ شُرَڪَآءُ فِى ٱلثُّلُثِ‌ۚ مِنۢ بَعۡدِ وَصِيَّةٍ۬ يُوصَىٰ بِہَآ أَوۡ دَيۡنٍ غَيۡرَ مُضَآرٍّ۬‌ۚ وَصِيَّةً۬ مِّنَ ٱللَّهِ‌ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌ۬ (١٢) تِلۡكَ حُدُودُ ٱللَّهِ‌ۚ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُ ۥ يُدۡخِلۡهُ جَنَّـٰتٍ۬ تَجۡرِى مِن تَحۡتِهَا ٱلۡأَنۡهَـٰرُ خَـٰلِدِينَ فِيهَا‌ۚ وَذَٲلِكَ ٱلۡفَوۡزُ ٱلۡعَظِيمُ (١٣)

“O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you ask one another, and the wombs. Indeed Allah is ever, over you, an Observer. And give to the orphans their properties and do not substitute the defective [of your own] for the good [of theirs]. And do not consume their properties into your own. Indeed, that is ever a great sin. And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice]. And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease. And do not give the weak-minded your property, which Allah has made a means of sustenance for you, but provide for them with it and clothe them and speak to them words of appropriate kindness. And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them. And do not consume it excessively and quickly, [anticipating] that they will grow up. And whoever, [when acting as guardian], is self-sufficient should refrain [from taking a fee]; and whoever is poor – let him take according to what is acceptable. Then when you release their property to them, bring witnesses upon them. And sufficient is Allah as Accountant. For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much – an obligatory share. And when [other] relatives and orphans and the needy are present at the [time of] division, then provide for them [something] out of the estate and speak to them words of appropriate kindness. And let those [executors and guardians] fear [injustice] as if they [themselves] had left weak offspring behind and feared for them. So let them fear Allah and speak words of appropriate justice. Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will be burned in a Blaze. Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one’s estate. And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise. And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing. These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment.”

Commentary

Taqwa (piety, God-consciousness)

Allah commands His creatures to have taqwa of Him by worshipping Him Alone without partners. He also reminds to them of His ability, in that He created them all from a single person, Adam, peace be unto him.

“And from him He created his wife” Hawwa’ (Eve), who was created from Adam’s left rib, from his back while he was sleeping. When Adam woke up and saw Hawwa’, he liked her and had affection for her, and she felt the same toward him.

An authentic hadith states “Woman was created from a rib. Verily, the most curved portion of the rib is its upper part, so, if you should try to straighten it, you will break it, but if you leave it as it is, it will remain crooked.”

“and dispersed from both of them many men and women” means Allah created from Adam and Hawwa’ many men and women and distributed them throughout the world in various shapes, characteristics, colors and languages. In the end, their gathering and return will be to Allah.

“And fear Allah, through whom you ask one another, and the wombs” — protect yourself from Allah by your acts of obedience to Him.

“through whom you ask one another, and the wombs” is in reference to when some people say, “I ask you by Allah, and then by the relation of the Rahim (the womb, i.e. my relationship to you)”, according to Ibrahim, Mujahid and Al-Hasan.

Ad-Dahhak said, “Fear Allah Whom you invoke when you conduct transactions and contracts.”

“And revere the womb by not cutting the relations of the womb, but keep and honor them, as Ibn Abbas, Ikrimah, Mujahid, Al-Hasan, Ad-Dahhak, Ar-Rabi, and others have stated.

“Indeed Allah is ever, over you, an Observer” means He watches all your deeds and sees your every circumstance.

This part of the verse encourages having a sense of certainty that Allah is always watching, in a complete and perfect manner. Allah mentioned that He has created mankind from a single father and a single mother, so that they feel compassion for each other and are kind to the weaker among them.

 

Justice Towards Orphans and Wives

Allah commands that the property of the orphans be surrendered to them in full when they reach the age of adolescence, and He forbids using or confiscating any part of it. So He said “do not substitute the defective [of your own] for the good [of theirs]”.

Sa’id bin Al-Musayyib and Az-Zuhri commented, “Do not substitute a weak animal of yours for a fat animal (of the orphans).”

Ibrahim An-Nakha’i and Ad-Dahhak commented, “Do not give something of bad quality for something of good quality.”

As-Suddi said, “One of them (caretakers of orphans) would take a fat sheep from the orphan’s property and put in its place, a weak sheep of his saying, ‘A sheep for a sheep.’ He would also take a good Dirham and exchange it for a fake Dirham saying, ‘A Dirham for a Dirham.'”

“And devour not their substance to your substance.” means do not mix them together so that you eat up both.

“And if you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two.” Allah commands, when one of you is the caretaker of a female orphan and he fears that he might not give her a dowry that is suitable for women of her status, he should marry other women, who are plenty as Allah has not restricted him.

Al-Bukhari recorded that `A’ishah said, “A man was taking care of a female orphan and he married her, although he did not desire to marry her. That girl’s money was mixed with his, and he was keeping her portion from her.

Afterwards, this verse was revealed about his case, “If you fear that you shall not be able to deal justly.”

Al-Bukhari recorded that Urwah bin Az-Zubayr said that he asked A’ishah (may Allah be pleased with her) about the meaning of the statement of Allah, “If you fear that you shall not be able to deal justly with the orphan girls.” She said, “O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate dowry which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable dowry; otherwise they were ordered to marry woman besides them.”

A’ishah further said, “After that verse, the people again asked the Messenger of Allah (peace and blessings of Allah be upon him), so Allah revealed the verse, “They ask your instruction concerning the women..” [Quran; 4:127]. She said, “Allah’s statement in this verse, “yet whom you desire to marry” refers to the guardian who does not desire to marry an orphan girl under his supervision because she is neither wealthy nor beautiful. The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

Allah’s statement, “two or three, or four” means marry as many women as you like, other than the orphan girls, two, three or four.

We should mention that Allah’s statement in another verse “Who made the angels messengers with wings, – two or three or four” [Quran; 35:1] does not mean that other angels do not have more than four wings, as there are proofs that some angels do have more wings. Yet, men are prohibited from marrying more than four wives, as the verse decrees, since the verse specifies what men are allowed of wives, as Ibn Abbas and the majority of scholars stated. If it were allowed for them to have more than four wives, the verse would have mentioned it.

Imam Ahmad recorded that Salim said that his father said that Ghilan bin Salamah Ath-Thaqafi had ten wives when he became Muslim, and the Prophet said to him, “Choose any four of them (and divorce the rest).” During the reign of Umar, Ghilan divorced his remaining wives and divided his money between his children. When Umar heard news of this, he said to Ghilan, “I think that the devil has conveyed to your heart the news of your imminent death, from what the devil hears during his eavesdropping. It may as well be that you will not remain alive but for a little longer. By Allah! You will take back your wives and your money, or I will take possession of this all and will order that your grave be stoned as is the case with the grave of Abu Righal (from Thamud, who was saved from their fate because he was in the Sacred Area. But, when he left it, he was tormented like they were).” Ash-Shafi`i, At-Tirmidhi, Ibn Majah, Ad-Daraqutni and Al-Bayhaqi collected this Hadith up to the Prophet’s statement, “Choose any four of them.” Only Ahmad collected the full version of this Hadith.

Therefore, had it been allowed for men to marry more than four women at the same time, the Prophet (peace and blessings of Allah be upon him) would have allowed Ghilan to keep more than four of his wives since they all embraced Islam with him. When the Prophet (peace and blessings of Allah be upon him) commanded him to keep just four of them and divorce the rest, this indicated that men are not allowed to keep more than four wives at a time under any circumstances. If this is the case concerning those who already had more than four wives upon embracing Islam, then this ruling applies even more so to marrying more than four.

“But if you fear that you will not be able to deal justly (with them), then only one or what your right hands possess.” The verse commands, if you fear that you will not be able to do justice between your wives by marrying more than one, then marry only one wife, or satisfy yourself with only female captives, for it is not obligatory to treat them equally, rather it is recommended. So if one does so, that is good, and if not, there is no harm on him.

In another verse, Allah said, “You will never be able to do perfect justice between wives even if it is your ardent desire” [Quran; 4:129].

Allah said, “That is nearer to prevent you from Ta`ulu” meaning from doing injustice. Ibn Abi Hatim, Ibn Marduwyah and Abu Hatim Ibn Hibban, in his Sahih, recorded that A’ishah (may Allah be pleased with her) said that, the Prophet (peace and blessings of Allah be upon him) said that the verse, “That is nearer to prevent you from Ta`ulu”, means, from doing injustice. However, Ibn Abi Hatim said that his father said that this Hadith to the Prophet is a mistake, for it should be attributed to A’ishah not the Prophet (peace and blessings of Allah be upon him).

Ali bin Abi Talhah reported Ibn Abbas saying that “Nihlah” in Allah’s statement, “And give to the women (whom you marry) their Saduqat Nihlah” refers to the dowry. Ibn Zayd said, “In Arabic, nihlah refers to what is necessary. So Allah is commanding–do not marry unless you give your wife something that is her right. No person after the Prophet (peace and blessings of Allah be upon him) is allowed to marry a woman except with the required dowry, nor by giving false promises about the dowry intended. Therefore, the man is required to pay a dowry to his wife with a good heart, just as he gives a gift with a good heart. If the wife gives him part or all of that dowry with a good heart, her husband is allowed to take it, as it is lawful for him in this case.

“But if they, of their own pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm.”

“But consume it not wastefully and hastily, fearing that they should grow up.” Allah commands that the money of the orphan should not be spent unnecessarily, “Wastefully and hastily” for fear they might grow up.

Also, “And whoever among guardians is rich, he should take no wages.” Hence, the guardian who is rich and does not need the orphan’s money, should not take any of it as wages “but if he is poor, let him have for himself what is just and reasonable.”

Ibn Abi Hatim recorded that A’ishah (may Allah be pleased with her) said, “This verse, “And whoever among guardians is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable.” was revealed about the guardian of the orphan and pertains to whatever work he does for the orphan’s estate.” Al-Bukhari also collected this Hadith.
Imam Ahmad recorded that Amr bin Shu’ayb said that his father said that his father told him that a man asked the Messenger of Allah (peace and blessings of Allah be upon him), “I do not have money, but I have an orphan under my care.” The Messenger of Allah (peace and blessings of Allah be upon him) said, “Eat from your orphan’s wealth without extravagance or wastefulness, or mixing it, and without saving your money by spending his.”

Allah said, “And when you release their property to them” after they become adults, and you see that they are wise, then, “take a witness in their presence”. Allah commands the guardians of orphans to surrender the property of the orphans who become consenting adults, in the presence of witnesses, so that none of them denies the fact that he received his money.
Allah said next, “and Allah is All-Sufficient in taking account.” meaning Allah is sufficient as Witness, Reckoner and Watcher over their work for orphans, and when they surrender their money to them, whether their property was complete and whole, or deficient and less. Indeed, Allah knows all of that. In his Sahih, Muslim recorded that the Messenger of Allah said (peace and blessings of Allah be upon him), “O Abu Dharr! Verily, you are weak, and I love for you what I love for myself. Do not become a leader of two nor assume guardianship of an orphan’s property.”

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, “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 (peace and blessings of Allah be upon him) and said to him, ‘O Messenger of Allah! I have two daughters whose father died, and they do not own anything.’ So Allah revealed, ‘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.

Al-Bukhari recorded that Ibn `Abbas said that the verse, “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 verse still applies and should be implemented. Ath-Thawri said that Ibn Abi Najih narrated from Mujahid that implementing this verse, “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 verse, “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.

Allah said, “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 verse, “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.”

The Two Sahihs record that when the Messenger of Allah (peace and blessings of Allah be upon him) visited Sa’d bin Abi Waqqas during an illness he suffered from, Sa’d said to the Messenger (peace and blessings of Allah be upon him), “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 (peace and blessings of Allah be upon him) said,
“One-third, and even one-third is too much.” The Messenger of Allah (peace and blessings of Allah be upon him) then said, “You’d better leave your inheritors wealthy rather than leaving them poor, begging from others.”

It was also said that the verse, “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 said, “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 (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings of Allah be upon him) said, “Avoid the seven great destructive sins.” The people asked, “O Allah’s Messenger! What are they?” He said, “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.”

 

Inheritance
Allah said, “(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 verse carefully.

“You know not which of them, whether your parents or your children, are nearest to you in benefit.” This verse 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. 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, “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, “And Allah is Ever All-Knower, All-Wise.” Who places everything in its rightful place and gives each his rightful share.

Allah says to the husband, you get half of what your wife leaves behind if she dies and did not have a child. If she had a child, you get one-fourth of what she leaves behind, after payment of legacies that she may have bequeathed, or her debts. We mentioned before that payment of debts comes before fulfilling the will, and then comes the will, then the inheritance, and there is a consensus on this matter among the scholars.

And the rule applies to the grandchildren as well as the children, even if they are great-grandchildren (or even further in generation).

“In that which you leave, their (your wives) share is a fourth” and if there is more than one wife, they all share in the fourth, or one-eighth that the wife gets.

“If the man or woman whose inheritance is in question was left in Kalalah.” Kalalah is a derivative of Iklil; the crown that surrounds the head. The meaning of Kalalah in this verse is that the person’s heirs come from other than the first degree of relative.

Ash-Sha’bi reported that when Abu Bakr As-Siddiq was asked about the meaning of Kalalah, he said, “I will say my own opinion about it, and if it is correct, then this correctness is from Allah. However, if my opinion is wrong, it will be my error and because of the evil efforts of Shaytan, and Allah and His Messenger have nothing to do with it. Kalalah refers to the man who has neither descendants nor ascendants.”

“But has left a brother or a sister” meaning from his mother’s side.

“Each one of the two gets a sixth; but if more than two, they share in a third.” There is a difference between the half brothers from the mother’s side and the rest of the heirs. First, they get a share in the inheritance on account of their mother. Second, the males and females among them get the same share. Third, they only have a share in the inheritance when the deceased’s estate is inherited in Kalalah, for they do not have a share if the deceased has a surviving father, grandfather, child or grandchild. Fourth, they do not have more than a third, no matter how numerous they were.

“After payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone).” means, let the will and testament be fair and free of any type of harm, without depriving some rightful heirs from all, or part of their share, or adding to the fixed portion that Allah ordained for some heirs. Indeed, whoever does this, will have disputed with Allah concerning His decision and division.

An authentic Hadith states, “Allah has given each his fixed due right. Therefore, there is no will for a rightful inheritor.”

[Extracted from Ibn Kathir]

 

Foundational Attributes

co-existence, character, trustworthiness, integrity, honesty, justice, leadership, skillful, charity, piety