Tafheem ul Quran

Surah 4 An-Nisa, Ayat 11-14

يُوۡصِيۡكُمُ اللّٰهُ فِىۡۤ اَوۡلَادِكُمۡ​ لِلذَّكَرِ مِثۡلُ حَظِّ الۡاُنۡثَيَيۡنِ​ ۚ فَاِنۡ كُنَّ نِسَآءً فَوۡقَ اثۡنَتَيۡنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ​ ۚ وَاِنۡ كَانَتۡ وَاحِدَةً فَلَهَا النِّصۡفُ​ ؕ وَلِاَ بَوَيۡهِ لِكُلِّ وَاحِدٍ مِّنۡهُمَا السُّدُسُ مِمَّا تَرَكَ اِنۡ كَانَ لَهٗ وَلَدٌ ۚ فَاِنۡ لَّمۡ يَكُنۡ لَّهٗ وَلَدٌ وَّوَرِثَهٗۤ اَبَوٰهُ فَلِاُمِّهِ الثُّلُثُ​ ؕ فَاِنۡ كَانَ لَهٗۤ اِخۡوَةٌ فَلِاُمِّهِ السُّدُسُ مِنۡۢ بَعۡدِ وَصِيَّةٍ يُّوۡصِىۡ بِهَاۤ اَوۡ دَيۡنٍ​ ؕ اٰبَآؤُكُمۡ وَاَبۡنَآؤُكُمۡ ۚ لَا تَدۡرُوۡنَ اَيُّهُمۡ اَقۡرَبُ لَـكُمۡ نَفۡعًا​ ؕ فَرِيۡضَةً مِّنَ اللّٰهِ ​ؕ اِنَّ اللّٰهَ كَانَ عَلِيۡمًا حَكِيۡمًا‏ ﴿4:11﴾ وَلَـكُمۡ نِصۡفُ مَا تَرَكَ اَزۡوَاجُكُمۡ اِنۡ لَّمۡ يَكُنۡ لَّهُنَّ وَلَدٌ ۚ فَاِنۡ كَانَ لَهُنَّ وَلَدٌ فَلَـكُمُ الرُّبُعُ مِمَّا تَرَكۡنَ​ مِنۡۢ بَعۡدِ وَصِيَّةٍ يُّوۡصِيۡنَ بِهَاۤ اَوۡ دَ يۡنٍ​ ؕ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكۡتُمۡ اِنۡ لَّمۡ يَكُنۡ لَّكُمۡ وَلَدٌ ۚ فَاِنۡ كَانَ لَـكُمۡ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكۡتُمۡ​ مِّنۡۢ بَعۡدِ وَصِيَّةٍ تُوۡصُوۡنَ بِهَاۤ اَوۡ دَ يۡنٍ​ ؕ وَاِنۡ كَانَ رَجُلٌ يُّوۡرَثُ كَلٰلَةً اَوِ امۡرَاَةٌ وَّلَهٗۤ اَخٌ اَوۡ اُخۡتٌ فَلِكُلِّ وَاحِدٍ مِّنۡهُمَا السُّدُسُ​ ۚ فَاِنۡ كَانُوۡۤا اَكۡثَرَ مِنۡ ذٰ لِكَ فَهُمۡ شُرَكَآءُ فِى الثُّلُثِ مِنۡۢ بَعۡدِ وَصِيَّةٍ يُّوۡصٰى بِهَاۤ اَوۡ دَ يۡنٍ ۙ غَيۡرَ مُضَآرٍّ​ ۚ وَصِيَّةً مِّنَ اللّٰهِ​ ؕ وَاللّٰهُ عَلِيۡمٌ حَلِيۡمٌ ؕ‏ ﴿4:12﴾ تِلۡكَ حُدُوۡدُ اللّٰهِ​ ؕ وَمَنۡ يُّطِعِ اللّٰهَ وَرَسُوۡلَهٗ يُدۡخِلۡهُ جَنّٰتٍ تَجۡرِىۡ مِنۡ تَحۡتِهَا الۡاَنۡهٰرُ خٰلِدِيۡنَ فِيۡهَا​ ؕ وَذٰ لِكَ الۡفَوۡزُ الۡعَظِيۡمُ‏ ﴿4:13﴾ وَمَنۡ يَّعۡصِ اللّٰهَ وَرَسُوۡلَهٗ وَيَتَعَدَّ حُدُوۡدَهٗ يُدۡخِلۡهُ نَارًا خَالِدًا فِيۡهَا وَلَهٗ عَذَابٌ مُّهِيۡنٌ‏ ﴿4:14﴾

(4:11) Allah thus commands you concerning your children: the share of the male is like that of two females.15 If (the heirs of the deceased are) more than two daughters, they shall have two-thirds of the inheritance;16 and if there is only one daughter, then she shall have half the inheritance. If the deceased has any offspring, each of his parents shall have a sixth of the inheritance;17 and if the deceased has no child and his parents alone inherit him, then one-third shall go to his mother;18 and if the deceased has brothers and sisters, then one-sixth shall go to his mother.19 All these shares are to be given after payment of the bequest he might have made or any debts outstanding against him.20

You do not know which of them, your parents or your children, are more beneficial to you. But these portions have been determined by Allah, for He indeed knows all, is cognizant of all beneficent considerations.21 (4:12) And to you belongs half of whatever has been left behind by your wives if they die childless; but if they have any children then to you belongs a fourth of what they have left behind, after payment of the bequest they might have made or any debts outstanding against them. And to them belongs a fourth of what you leave behind, if you die childless; and if you have any child then to them belongs one-eighth of what you have left behind,22 after the payment of the bequest you might have made or any debts outstanding against you.18 And if the man or woman has no heir in the direct line, but has a brother or sister, then each of these shall inherit one-sixth; but if they are more than two, then they shall inherit one-third of the inheritance,23 after the payment of the bequest that might have been made or any debts outstanding against the deceased, providing that the bequest causes no injury.24 This is a commandment from Allah; Allah is All-Knowing, All-Forbearing.25 (4:13) These are the bounds set by Allah. Allah will make the man who obeys Allah and His Messenger enter the Gardens beneath which rivers flow. He will abide there for ever. That is the mighty triumph. (4:14) And he who disobeys Allah and His Messenger and transgresses the bounds set by Him - him shall Allah cause to enter the Fire. There he will abide. A humiliating chastisement awaits him.*25a

Notes

15. This is the first general rule in connection with inheritance, viz., that the share of the male should be double that of the female. Since Islamic law imposes greater financial obligations on men in respect of family life and relieves women of a number of such obligations, justice demands that a woman's share in inheritance should be less than that of a man.

16. The same applies in the case where there are two daughters. If the deceased leaves only daughters, and if there are two or more daughters then they will receive two-thirds of the inheritance and the remaining one-third will go to the other heirs. But if the deceased has only one son there is a consensus among jurists that in the absence of other heirs he is entitled to all the property and if the deceased has other heirs, he is entitled to the property left after their shares have been distributed.

17. If the deceased leaves issue each of his parents will receive one-sixth of the inheritance irrespective of whether the issue consists either only of daughters, only of sons, of both sons and daughters, of just one son or just one daughter. The remaining two-thirds will be distributed among the rest of the heirs.

18. If there are no other heirs than the parents, the remaining two-thirds will go to the share of the father; otherwise the two-thirds will be distributed between the father and other heirs.

19. In the case where the deceased also has brothers and sisters the share of the mother will be one-sixth rather than one-third. In this case the sixth that was deducted from the share of the mother will be added to that of the father, for in this circumstance the father's obligations are heavier. It should be noted that if the parents of the deceased are alive, the brothers and sisters will not be entitled to any share in the inheritance.

20. The mention of bequest precedes the mention of debt, for although not everyone need be encumbered with debt it is necessary that everyone should make a bequest. (However, other Mufassirun (exegetes) regard making a bequest as a discretionary act - Ed.) As for legalities, there is consensus among Muslims that the payment of debts takes precedence over the payment of bequests, i.e. if the deceased owes a debt and also leaves a bequest, the debt will first be paid out of the inheritance, and only then will his bequest be fulfilled.

We have already stated in connection with bequest (see Towards Understanding the Qur'an, vol. I, (Surah 2, n. 182) that a man has the right to bequeath up to a maximum of one-third of his inheritance. The principle laid down in regard to bequest is that a man can -^\ot a portion of his inheritance either to a relative who is not legally entitled to any prescribed share in the inheritance or to others whom he considers deserving of help, e.g. either an orphaned grandson or grand-daughter, the widow of a son in financial distress, any brother, sister, brother's wife, nephew, and other relatives who seem to be in need of support. If there are no such relatives bequests can be made either to other needy people or for charitable purposes. In short, the Law has fixed regulations for the distribution of two-thirds or more of one's inheritance, out of which the legal heirs are to receive their shares according to the regulations laid down by the Law. A maximum of one-third of the inheritance has been left to the discretion of the person concerned, who can dispose of it by means of bequest in light of his particular family circumstances. If anyone makes either an inequitable bequest or misuses his discretion so as to hurt the legitimate rights of others, it is permissible for the members of the family to rectify the situation either by mutual agreement or by requesting a judge to intervene. For further details see my booklet Yatim Pot6 ki Wirathat ka Mas'alah, Lahore, 1954.

21. This is in response to those feeble-minded people who do not fully appreciate God's law of inheritance and try to fill, with the help of their limited intellect, what they see as gaps in God's Laws.

22. Whether a man has one wife or several wives the share of the wife/wives is one-eighth of the inheritance when the deceased has issue, and one-fourth when he has no issue. The share of the wives, whether one-fourth or one-eighth, will be distributed equally among them.

23. The remaining five-sixths or two-thirds of the inheritance goes to the legal heirs, if any. Where there are no legal heirs, the person concerned is entitled to make a bequest with regard to the remaining part of the inheritance. Commentators are agreed that the sisters and brothers mentioned here mean half-brothers and half-sisters, i.e. those who have kinship with the deceased on the mother's side. Injunctions affecting full brothers and sisters, and half-brothers and half-sisters on the father's side are mentioned towards the end of the present surah. See (verse 176 below, and nn. 219 ff. - Ed.)

24.'Bequests which cause injury' are those that entail depriving deserving kin of their legitimate rights. Similarly, the debt which causes injury is the fake debt which one falsely admits to owing, and any other device to which one resorts merely in order to deprive the rightful heirs of their shares in inheritance. This kind of injury has been declared to be a major sin in a tradition from the Prophet (peace be on him). According to another tradition the Prophet (peace be on him) said that even if a man worked all his life, like the men of Paradise, yet ended his life's record by making a wrongful bequest, he would be consigned to Hell. (Ibn Kathir, vol. 2, p. 218.) Such an act of deliberate injury and calculated effort designed to deprive people of their due rights is always a sin, but it is mentioned by God particularly in the case of kalalah (the person who leaves behind neither parents nor descendants). (For kalalah see nn. 219 ff. below - Ed.) The reason for this seems to be that a man who has neither issue nor parents is often prone to squander his property and somehow prevent his distant relatives from receiving any share in the inheritance.

25. God's knowledge is referred to here for two reasons. First, to stress that if a man violates God's Law he will not be able to escape from the grip of God, for He is Omniscient. Second, to emphasize that the shares in inheritance fixed by God are absolutely sound, for God knows better than His creatures where their true interests lie. Reference is also made to God's forbearance. This is in order to point out that harshness could not characterize the laws laid down by God in respect of inheritance since He Himself is not harsh. On the contrary, the aim of God's laws is to prevent people suffering inconvenience and hardship.

25a. This is a terrifying verse in which those who either tamper with God's laws of inheritance or violate the legal bounds categorically laid down by God in His Book are warned of unending punishment. It is lamentable that, in spite of these very stern warnings, Muslims have occasionally been guilty of breaching God's laws with the same boldness and insolence as that of the Jews. Disobedience to God's law of inheritance has occasionally assumed the proportion of open rebellion against Him. In some instances, women have been disinherited altogether. In others, the eldest son has been declared the only legal heir. There are also instances where the entire system of inheritance distribution has been replaced by the system of joint family property. In still other instances, the shares of women have been made equal to those of men. In our time a few Muslim states, in imitation of the West, even contrived a new form of disobedience. This consists of imposing death duties so that governments, too, become one of the heirs of the deceased, an heir whose share God had altogether failed to mention! This is despite the fact that under Islamic dispensation governments may assume control of a dead man's inheritance only if it is either unclaimed or if the person concerned has specifically so bequeathed part of his inheritance.

26. In these two (verses 15-16)the first, preliminary directives for the punishment for unlawful sexual intercourse are stated. The first verse deals with women. The punishment laid down was to confine them until further directives were revealed. The second verse (i.e. 16) relates to both sexes. The injunction lays down that they should be punished - that is, they should be beaten and publicly reproached. Later, another injunction was revealed see (Surah al-Nur 24: 2) which laid down that both the male and female should be given a hundred lashes. These injunctions are necessarily of a preliminary nature since the people of Arabia were neither used to obeying the orders of any established government, the verdicts of any courts of law nor to following any legal code; it would therefore have been unwise to try to force acceptance of a penal code upon them so soon after the establishment of the Islamic state. In due course, the punishments for unlawful sexual intercourse, for slanderous accusations of unchastity against women, and for theft were laid down in their definitive form and served as the basis of that detailed penal code which was enforced by the Prophet (peace be on him) and the Rightly-Guided Caliphs.

The apparent difference between the contents of the two verses led al-Suddi to the misconceived belief that the first verse lays down the punishment for married women, and the second that for unmarried men and women. This is a tenuous explanation unsupported by any serious evidence and argument. Even less convincing is the opinion expressed by Abu Muslim al-Isfahani that the first verse relates to lesbian relations between females, and the second to homosexual relations between males. It is strange that al-Isfahani ignored the basic fact that the Qur'an seeks merely to chart a broad code of law and morality and hence deals only with fundamental questions. It is inconsistent with the majestic style of the Qur'an to discuss secondary details which have been left to people to decide through the exercise of their legal judgement. It is for this reason that when the problem of fixing a punishment for sodomy came up for consideration after the time of the Prophet (peace be on him), none of the Companions thought that the above-mentioned verse contained any relevant injunction.