Al-mizan an Exegesis of the Qur'an (volume Eight)

Volume 8: Surah An-nisaa, Verses 11-14

Allah enjoins you concerning your children: The male shall have the equal of the portion of two females; then if they are more than two females, they shall have two-thirds of what (the deceased) has left, and if there is one, she shall have the half; and (as for) his parents, each of them shall have the sixth from what he has left if he has a child, but if he has no child and (only) his two parents inherit him, then his mother shall have the third; but if he has brothers, then his mother shall have the sixth after (the payment of) any bequest he may have bequeathed or a debt; your parents and your children, you know not which of them is the nearer to you in usefulness; an ordinance from Allah: Surely Allah is knowing. Wise (11). And you shall have half of what your wives leave if they have no child, but if they have a child, then you shall have a fourth from what they leave after (payment of) any bequest they may have bequeathed or a debt; and they shall have the fourth from what you leave if you have no child, but if you have a child then they shall have the eighth from what you leave after (payment of) a bequest you may have bequeathed or a debt; and if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have the sixth, but if they are more than that, they shall be sharers in the third after (payment of) any bequest that may have been bequeathed or a debt that does not harm (others); this is an ordinance from Allah: and Allah is Knowing, Forbearing (12). These are Allah's limits; and whoever obeys Allah and His Messenger, He will cause him to enter gardens beneath which rivers flow, to abide in them; and this is the great achievement (13). And whoever disobeys Allah and His Messenger and goes beyond His limits, He will cause him to enter fire to abide in it, and he shall have an abasing chastisement (14).

COMMENTARY

Qur'an: Allah enjoins you concerning your children: The male shall have the equal of the portion of two females;

"al-Isa" and "at-tawsiyah" (to entrust, to enjoin); ar-Raghib says in Mufradatu 'l-Qur'an: "al-Wasiyyah" = to direct someone - with a shade of exhortation — to do something." The use of the word al-awlad (children) instead of al-abna' (sons) shows that the rule of one or two shares is restricted to the deceased's immediate children.

As for the children's children, how low so ever, they should get the share of their progenitor through whom they are connected to the deceased; thus a son's daughter would get two shares while a daughter's son would be given one share — provided there is no one nearer to take their precedence. Likewise, the offspring of brothers and sisters would get the share of him or her through whom they are connected to the deceased. [All this is inferred from the word, al-awlad whose root word signifies birth.] But the word, al-ibn (son) does not necessarily mean immediate child, as the word, al-ab (father), may be used in a general sense for other than the immediate progenitor.

As for the divine words at the end of the verse: your parents and your children, you know not which of them is the nearer to you in usefulness, we shall explain later that there is a special consideration which has made the word, al-abna' (lit. sons) preferable to al-awlad (children).

The expression, "The male shall have the equal of the portion of two females", was chosen to point to the nullification of the system prevalent in the era of ignorance whereby women were not given any share in inheritance. This expression takes the female’s share as granted and confirmed, and based the male's share on it - that it is double of it. Or let us say that the female's share is treated as the yardstick of legislation and the male's share is fixed with its help.

If it were not for this consideration, it could simply be said:, the female shall have the half of the male's share; but it would not have given that connotation, and the context would have changed. — as you may see. This theme has been mentioned by a scholar and the point seems well-established. The idea is also strengthened by the fact that the verse does not describe explicitly and independently except the women's shares; if and when it ex­plains some of men's shares it is always done as an adjunct to the women's shares, as may be seen in the following verse and in the verse at the end of this chapter.

In short, the statement, "The male shall have the equal of the portion of two females", explains the beginning clause "Allah enjoins you concerning your children". The definite article in "the male" and "the two females" denotes genes or category, i.e., the category of male is equal in share to the two of the female category. This principle shall be applied when there are males and females among the heirs, as the male shall have twice the share of a female. The verse did not use such expressions as, "The male shall have equal to two shares of a female", or, "double of a female's share"; because the chosen expression explains also the share of two females when they are the only heirs, as will be explained later — and all this with such brevity.

In any case, when there are males and females among the heirs, every male shall have two shares and every female one share — no matter what their number may be.

Qur'an: then if they are more than two females, they shall have two-thirds of what (the deceased) has left,:

This sentence, coming after the preceding one, The male shall have the equal of the portion of two females, apparently shows that it is in conjunction with a deleted but understood clause, i.e., 'This law is when there are males and females among the heirs', but if they are more than two females ... Such deletion is common in usage. For example, look at the following two verses:

And complete the hajj and 'umrah for Allah, but if you are prevented, (send) whatever offering is easy to obtain (2:196). For a counted number of days; but whosoever among you is sick or on a journey, then (he shall fast) a (like) number of other days (2:184).

The conjunctive personal pronoun hidden in the verb kunna (they are) refers to the 'children' (in the phrase, "your children"); the feminine gender has been used to make it agree with the predicate 'females'; the other such pronoun hidden in the verb, "has left", refers to 'the deceased', which is understood from the context.

Qur'an: and if there is one, she shall have the half,:

The pronoun refers as above to the "the child", understood from the context, and its feminine form agrees with the predicate; "the half" refers to the half of what the deceased has left — thus the definite article stands for the second construct of the genitive case.

The verse is silent about the share of two females, because it may be understood from the clause: The male shall have the equal of the portion of two females. Let us suppose there is a male and a female heir; according to this verse, the female shall have a third of the estate and the male, the two-thirds - as it is the share of the two females. In other words, two females shall have two-thirds of the inheritance. This much may be inferred from the verse in a general way, but it is not in itself the verse's definitely fixed connotation; there would have been no contradiction if the verse had continued to say, for instance, and if there are two females they shall have a half (or the whole) of the estate.

But the verse by its silence about their share confirms the inferred meaning; and the clear statement about the share of the more than two females indicates that that silence is intentional, and not an oversight. Moreover, the fact that they should get two-thirds of inheritance is confirmed by the Prophet's practice, and the said sunnah has continued uninterrupted since the days of the Prophet till this day, with complete unanimity of the Muslim jurists - except one reported dissent by Ibn 'Abbas.

This is the best explanation why the two females' share has not been clearly stated. al-Kulayni (may Allah have mercy on him!) has written al-Kafi: "Surely Allah has appointed the two females' share as two-thirds; because He says: The male shall have the equal of the portion of two females; so when a man leaves a daughter and a son, the male shall get the equal of the two females' share, that is, two-thirds; therefore the share of two females is two-thirds. After this, there was no need to say that two females would get two-thirds."

The same explanation has been quoted from the exegete, Abu Muslim: "(The said rule) is inferred from the divine words, The male shall have the equal of the portion of two females. A male with a female gets two-thirds; thus two-thirds shall be the share of two females." But these two explanations are not perfect; they should be completed in the light of what we have written above. Ponder on it.

There are some other explanations given for this verse which are quite unworthy of divine words. For example, someone has written that the words; if they are more than two females, means, two females or more; thus this sentence contains the description of the share of two females as well as of more than two. Another writer has said that the share of two daughters is known by analogy from the law concerning two sisters (coming at the end of the chapter) where it apportions two-thirds to them. There are other similarly ridiculous claims.

Qur'an: and (as for) his parents, each of them shall have the sixth of what he has left if he has a child... then his mother shall have the sixth;

The conjunction of parents with the law of the children, shows that the parents are co-sharers with the children and together they constitute one class. The words: "and (only) his two parents inherit him", indicate that they are the only heirs. The words: "but if he has brothers", (coming after the clause: "but if he has no child and [only] his two parents inherit him") show that brothers come into second class, after the class of sons, daughters [and parents], and they would not inherit as long as there is an heir of the first class - but the brothers shall partially exclude the mother from one-third [as it would be reduced to one-sixth].

Qur'an: after (the payment of) any bequest he may have bequeathed or a debt;:

Bequest and will has been enjoined by the divine words: Bequest is prescribed for you when death approaches one of you, if he leaves behind wealth . . . (2:180). Although in this verse bequest precedes debt, it does not contradict the sunnah which says that debt takes precedence of bequest at the time of payment; because sometimes during a talk one mentions less important things first and then progresses towards more important ones. It is done when an important matter, because of its position and strength, does not need as much emphasis as the unimportant one does - and giving precedence in description is one way of emphasizing. Accordingly, the words: "or a debt", put the things in ascending order or importance.

This also shows why "bequest" has been qualified by the words, "he may have bequeathed"; it puts further emphasis on it, and also points to the necessity of showing reverence to the deceased and honoring his wishes when he has made a bequest. Allah has said: Whoever then alters it [i.e., the bequest] after he has heard it, the sin of it then is only upon those who alter it (2:181).

Qur'an: your parents and your children, you know not which of them is nearer to you in usefulness;:

It is addressed to the heirs, that is, the general public, inasmuch as everyone inherits his deceased relatives, The sentence alludes to the reason why the inheritance share of the parents differs from that of the children. It also provides a sort of education to them; that is why they have been addressed with the words: "you know not"; and such expressions are commonly used by the people.

Had the verse been addressed to other than the heirs, i.e., to the dying people who would, after their death, be inherited by their parents and children, there would have been no reason to say: "which of them is nearer to you in usefulness"; because apparently usefulness and benefit implies making use of, and benefiting from, the inherited property, and it fits on the heirs, not on the deceased.

The parents have been mentioned before the children; it is a sort of a hint that the parents are nearer in benefit than the children. It is like the verse: Surely the Safa and the Marwah are among the signs of Allah... (2:158), as we had quoted the tradition that the Prophet had said: "I begin with what Allah has begun ..."

From the point of view of relationship and considering the human sentiments, it is a fact that man feels more compassion towards his children than towards his parents. In his eyes, his child's existence is his own - but not so that of his parents. Man's parents have stronger connection with him, when compared to his children's attachment to him. When usefulness is based on this principle, then at the time of dividing an inheritance, man should naturally get, for example, from his father a greater share than he would from inheriting, for example, his son - although it would appear from a superficial glance that the opposite should be the case.

This verse (i.e., your parents and your children, you know not which of them is nearer to you in usefulness) proves that Allah has based the inheritance law on a creative reality found outside imagination - like other natural Islamic laws.

This principle is also supported by other unrestricted Qur'anic verses which speak about legislation in general. For instance: Then set your face uprightly for the (right) religion in natural devotion (for the truth); the nature made by Allah in which He has made men; there is no alteration in the creation of Allah; that is the right religion (30:30). In presence of such verses, it is un­thinkable that the shari'ah would contain such compulsory and unchangeable rules and laws, without there being to a certain extent basis for them in the creation.

It may possibly be inferred from this verses {your parents and your children .. . ) that children's children would have precedence over grandfathers and grandmothers; the grandparents will not inherit as long as a child or a child's child [how low so ever] is present.

Qur'an: an ordinance from Allah . . . :

Apparently it is in accusative case governed by a deleted verb, e.g., obey, or, hold fast, etc. It has a reinforced emphasis that the described shares are decreed and fixed; and that they cannot be changed.

This verse prescribes the shares of the first class of the heirs, i.e., the children, the father and the mother, with all the variations, either explicitly or implicitly.

Explicitly: Shares of the father and the mother: They get a sixth each if the deceased has a child or children; but in the absence of children, the mother gets either one-third or one-sixth (depending on the details mentioned in the verse);

Share of a single daughter: She gets a half; Share of several daughters when they are the only children: They get two-thirds; Shares of sons and daughters when they are together: The male shall have the equal of the share of two females; And to this is added the share of two daughters, and it is two-thirds, as explained above.

Implicitly: Share of the only son: He shall get the whole property; it is understood when we read the clause; The male shall have the equal of the portion of two females, in conjunction with the clause, and if there is one [daughter], she shall have the half.

Likewise, when he has left only the sons as heirs, they shall share it among themselves equally, because the clause, The male shall have the equal of the portion of two females, indicates that the males shall have equal shares among themselves.

The verse is truly amazing in its comprehensiveness with such brevity.

It should be noted here that the verse with its unrestricted-ness shows that there is no difference whatsoever — in matters of inheritance — between the Prophet and the other people. We have seen similar unrestrictedness or generality in the divine words: Men shall have a share of what the parents arid the near relatives leaves, and women shall have a share. .. (4:7). Someone has opined that the general Qur'anic declarations are not applicable to the Prophet, because he had announced them himself. But such views are not worth looking at. Of course, there is a dispute between the Sunnis and the Shi'ahs whether a prophet is inherited by his heirs or whatever he leaves goes to charity. This originates from the tradition which Abu Bakr had narrated in the case of Fadak. This discussion is beyond the scope of this book; therefore we think it better not to go into it here; the reader should consult relevant books for it.

Qur'an: And you shall have half of what your wives leave if they have no child… after (payment of) any bequest they may have bequeathed or a debt;

The meaning is clear. The half share has been described in possessive case, "half of what your wives leave"; but the one-fourth share is disconnected; and they shall have the fourth from what you leave; when on such occasions a possessive construct is disjointed, it becomes necessary to complete it with min (from) — either in words or implied and understood. This min gives the connotation of taking from and beginning; this meaning seems appropriate when the word related to min is a negligible portion of the whole, when it is a small part or ratio of the original, like one-sixth, one-fourth or one-third; but not when it is a larger portion Like a half or two-thirds. That is why Allah has said: sixth from what he has left; the mother shall have the third; you shall have a fourth from what they leave — all this with disjointed possessive. But He has said: half of what your wives leave; two-thirds of what (the deceased) has left — all this in possessive case; also He has said: she shall have the half as the definite article, "the", stands for the second construct of the possessive case, i.e., half of what he has left.

Qur'an: and if a man or a woman leaves property . .. and Allah is Knowing, Forbearing:

'al-Kalalah is in fact a masdar which means to encompass; from it is derived al-iklil (crown) because it encircles the head; also al-kull (= whole, all, total) comes from it because it encompasses its parts; another derivative is al-kall (to be tired, dull); it implies a sort of wearisome encompassing against the one on whom he depends. ar-Raghib says: "al-Kalalah is an heir other than the child and the father." Again he says: "It has been narrated that the Prophet was asked about al-kalalah. He said: 'He who dies and does not leave behind a child or a parent.' Thus he (the Prophet) has taken it as an attribute of the deceased; and both explanations are correct, because al-kalalah is a masdar which encompasses the inheritor and the inherited, both."

The author says: In that case, it is possible to treat 'kana' was — it is not included in the translation of the verse,) as an auxiliary verb, and "a man", as its subject, with "to be inherited'", as an adjectival phrase related to the said subject, and al-kalalah as its predicate. Then the meaning will be as follows: and if a man or a woman who is to be inherited is neither a parent nor an offspring of the heir.

Also, we may take kana (was) as a perfect verb, with, "a man or a woman to be inherited", as its subject, and kalalah as a masdar used as a circumstantial clause. The meaning again will be the same: that the deceased is neither a parent nor an offspring of the heirs. az-Zajjaj has reportedly said: According to those who have recited yurithu (makes someone his heir), kalalah will be the object; and according to those who recite yurathu (is inherited by), kalalah is a subjective, being a circumstantial clause.

The clause, that does not harm (others), also is a subjective and a circumstantial clause. al-Mudarrah (to harm, to impair). Obviously, it forbids the dying person to harm the heirs through the debt; he should not indulge in borrowing with intention of harming the heirs and depriving them of inheritance. Another interpretation: He should not harm their interest by bequeathing more than one-third of his property.

Qur'an: These are Allah's limits; . . . And whoever disobeys.. . he shall have an abasing chastisement:

al-Hadd means a barrier between two things which prevents their mixing together and keeps their mutual distinction and differentiation intact, like the limit or boundary of a house or a garden. The word, as used here, refers to the inheritance laws and the decreed shares. Allah has shown their utmost importance by describing, in these two verses, the reward of obeying Allah and His Messenger in this respect, and the abasing everlasting chastisement for him who disobeys Allah and His Messenger.