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

Traditions

'Abd ibn Hamid, al-Bukhari, Muslim, Abu Dawud, at-Tirmidhi, an-Nasa'i, Ibn Majah, Ibn Jarir, Ibnu 'l-Mundhir, Ibn Abi Hatim and al-Bayhaqi (in his as-Sunan) have narrated from Jabir ibn 'Abdillah, that he said: "The Messenger of Allah (s.a.w.a.) and Abu Bakr came walking to visit me (in my illness) in Banu Salamah. The Prophet found me unconscious; so he called for some water and made ablution with it; then he sprinkled (it) on me, and I gained consciousness. So I said: 'What do you order me to do with my property? O Messenger of Allah!' Then (the verse) came down: Allah enjoins you concerning your children: The male shall have the equal of the portion of two females." (ad-Durru 'l-manthur)

The author says: It has been repeatedly mentioned that it is possible for several "reasons of revelation" (which have been narrated to us) to combine in respect of one verse; nor is there any difficulty if the verse goes beyond the scope of those specific reasons; also possibly an event might have coincided with the revelation and the theme of the verse corresponded with that happening. Therefore, there is no difficulty in the above tradition because of Jabir's report that he had asked: "What do you order me to do with my property? O Messenger of Allah!", and then this verse was revealed. We should not worry how Jabir could have asked that question when the division of inheritance was not his responsibility.

Even more strange is another tradition narrated in the same book through 'Abd ibn Hamid and al-Hakim from Jabir that he said: "The Messenger of Allah (s.a.w.a.) used to visit me when I was sick. So I said: 'How should I divide my property among my children?' But he did not give me any reply; and then the verse was revealed: Allah enjoins you concerning your children..."

Ibn Jarir and Ibn Abi Hatim have narrated from as-Suddi that he said: "The People of (the era of) ignorance did not give inheritance to the girls, nor to weak boys. Only that man inherited his father who had strength to (participate in) war. Then Abdu 'r-Rahman, brother of the poet Hassan, died, leaving a wife, named Umm Kuhhah, and five girls.

(Other) heirs came and took away the inheritance. Umm Kuhhah complained to the Prophet about it. Then Allah revealed this verse: then if there 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; then it was revealed about Umm Kuhhah: 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 ..." (ibid.)

The same two scholars of tradition have narrated from Ibn 'Abbas that he said: "When the verse of shares [of inheritance] was revealed, in which Allah ordained what He ordained [of the shares] for male and female child and (for) parents, people (or, some of them) disliked it and said: '(How is it that) woman is given one-fourth or one-eighth, and daughter gets a half, and a small child is given (his share), while none of them can fight the people, nor can he gather booty?' They used that (system) in the (era of) ignorance: They did not give inheritance except to him who could fight the people; and they gave it to the eldest, then elder [and so on]." (ibid.)

The author says: at-Ta'sib (agnacy) was a part of that system of ignorance. They gave the inheritance to the agnates of father if the deceased had not left a big son capable of fighting. The Sunnis follow the same system in the excess property which is left after giving the prescribed shares. Perhaps something may be found about it in their traditions; but the traditions coming from the Ahlu 'l-bayt (a.s.) totally reject this theory and say that the excess property shall be returned to those heirs who at other times bear the loss and they are children, consanguine or agnate brothers and in some cases, the father. As mentioned earlier, the verses in their connotation agree with this verdict.

al-Hakim and al-Bayhaqi have narrated from Ibn 'Abbas that he said: "The first person to introduce the system of at- 'awl (= to reduce all shares proportionately) was 'Umar . The shares crowded over and began pushing each other aside. So he said: 'By Allah! I do not know what to do with you. By Allah! I do not understand which of you Allah has given precedence to, and which of you He has deferred. And I do not find for this property anything better than this: that I should divide it among you proportionately.

'" Then Ibn 'Abbas said: "By Allah! if he had given precedence to him whom Allah had given precedence, and put behind the one whom Allah had put behind, there would have been no need for proportionate reduction of shares.

" He was asked: "And which of them has been given priority by Allah?" He said: "Every share which Allah has not brought down from a prescribed share but to (another) prescribed share, then that is which has been given precedence by Allah; and every share that - when it leaves its (original) position - does not get except the residue, then it is (the share) which Allah has put behind. Thus the share that is given precedence is like that of husband, wife and mother; and that which is put behind is like that of sisters and daughters. Therefore, if there gather together those who have been given precedence by Allah and those who have been placed behind, the division should begin with those having precedence, and he shall be given his complete share; then if something remains (of the property) it shall be for those [who have been placed behind] and if nothing is left they shall get nothing." (ad-Durru 'l-manthur)

Said ibn Mansur narrated from Ibn 'Abbas that he said: "Do you suppose that He Who knows the number of the sands of the valley, 'Alij, has prescribed in the property one half, plus one-third plus one-fourth?" (ibid.)

'Ata' says: "I said to Ibn 'Abbas: 'People do not follow my word or your word; and when you and I shall be dead, they will not divide the inheritance according to your verdict.' He replied: 'Then let them gather, and then we (i.e., both parties) should put our hands on the rukn (of the Ka'bah), then we should earnestly pray and put the curse of Allah on the liars. Allah has not ordered that which they say.' " (ibid.)

The author says: This theme has been narrated from Ibn 'Abbas also through the Shi'i chains, as is quoted below.

az-Zuhri quotes 'Ubaydullah ibn 'Abdillah ibn 'Utbah as saying: "I was sitting with Ibn 'Abbas when the talk turned towards description of inheritance-shares. Ibn 'Abbas said: 'Allah, the Great, be praised! Do you think that He Who knows the number of the sands of (the valley) 'Alij, has appointed one-half plus one-third in a property? Well, these two halves have finished the whole property; now where is the slot of the (remaining) one-third?' Zufar ibn Aws al-Basri then asked him: 'O Abu 'l-'Abbas! Who was then the first to reduce these shares?' He said: ' 'Umar ibn al-Khattab. When several shares gathered near him, pushing each other, he said: "By Allah! I do not know which of you Allah has given precedence to, and which of you He has deferred. And I do not find anything more accommodating than this: that I should divide this property among you proportionately, and let every right-owner get his right.

" In this way he introduced the proportionate reduction of shares. By Allah! if he had given precedence to him whom Allah had given precedence to, and put behind whom Allah had put behind, there would be no need for proportionate reduction of shares.' Zufar ibn Aws asked him: 'And which of them has He given precedence to, and which has He kept behind?' He said: 'Every share which Allah has not brought down from a prescribed share but to another prescribed share, that is which Allah has given precedence to. And as for that which Allah has kept behind, it is every share that - when it leaves its (original) place - does not get except the residue, it is (the share) which Allah has put behind.

As for that which has been given precedence, [it is these]: the husband gets a half, but if a situation arises to bring his share down, he comes to one-fourth, nothing removes him from there; and the wife receives one-fourth, but when she comes down to one-eighth, nothing removes her from there; and the mother is allotted one-third, but when she moves from it, she goes to one-sixth, and nothing removes her from it. These are therefore the shares which Allah has given precedence to.

As for that which He has kept behind, it is the share of the daughters and sisters - they are entitled to one-half or two-thirds, and when [other] shares remove them from it, they do not get except what is left, so these are whom Allah has kept behind. When there gather together those whom Allah has given preference and those whom He has kept behind, it (i.e., the division) will begin with those whom Allah has given precedence, and he shall be given his full share; then if something remains, it will be for him who has been kept behind; and if nothing is left, he shall get nothing. "Then Zufar said to him: 'Then what prevented you from offering this opinion to 'Umar?' He said: 'His dread.' " (al-Kafi)

The author says: 'Ali (a.s.) had rejected the theory of proportionate reduction of share, long before Ibn 'Abbas did so. And it is the madhhab of the Imams of Ahlu 'l-bayt (a.s.) as is described below:

al-Baqir (a.s.) said, inter alia, in ahadith: "The Leader of the faithful (a.s.) used to say: 'Most surely, He Who knows the num­ber of the sands of 'Alij, (also) knows that the shares should not be deviated (i.e., reduced) from six; had you looked at its (proper) direction, it would not be more than six.' " (ibid.)

The author says: It is written in as-Sihah: " 'Alij is a place in a valley with sands." The Imam's words, "the shares should not be deviated from six", means that no share could deviate in a way to change the six prescribed portions to some other portion. The six shares, explicitly mentioned in the Qur'an are as follows: a half, one-third, two-thirds, one-fourth, one-sixth and one-eighth.

as-Sadiq (a.s.) said: "The Leader of the faithful (a.s.) said: 'All praise is due to Allah; there is none to let precede what He has set behind, and none to set behind what He has let precede.' Then he struck his one hand with the other and again said: 'O nation (that is) bewildered after its Prophet! If you had let that precede which Allah had given precedence to, and kept behind that which Allah had set behind; and had put authority and inheritance where Allah had put it, no friend of Allah would have remained in poverty, and no share from Allah's ordained shares would have decreased, nor two people would have differed in Allah's command­ment; and the ummah has not disputed about any command of Allah but that All has its knowledge from the Book of Allah. So (now) taste evil consequences of your affair and of your inordinate-ness in that which your hands have sent before; and Allah is not unjust to the servants; and they who act unjustly shall soon know to what final place of turning they shall turn back.' " (ibid.)

The author says: A further explanation of how some heirs' shares are decreased is given below:

The shares, according to the Qur'an, are six: a half, two-thirds, one-third, one-sixth, one-fourth and one-eighth. Sometimes these shares gather together in a way it creates problem. For instance, in the first class of heirs, there may exist a daughter, father, mother and husband. Their respective shares are a half, two-sixths and one-fourth — the total [1.1/12] exceeds the original property [which is 'one']. Likewise, if there are two daughters, both parents and husband, their shares, two-thirds, two-sixths, and one-fourth [total = 1 1/4] exceed the original. In the same way, in the second class of heirs, there may exist together a sister, a paternal and a maternal grandfather, and a wife; and their shares, a half, one-third, one-sixth and one-fourth [total = 1 1/4] would exceed the original. Or, if there are two sisters, two grand-fathers and a husband, their shares — two-thirds, one-third, one-sixth and a half [total = 1.2/3] —would far exceed the original.

If we reduce all the shares proportionately, it would be al-'awl On the other hand, if we leave the shares of parents, husband, wife and uterine relatives (i.e., one-third, one-sixth, a half, one-fourth and one-eighth) intact — because Allah has explicitly pres­cribed them and has not left them unexplained in any eventuality - then the deficiency will always fall on the shares of one or more daughters, and one or more consanguine or agnate sisters, and on the shares of male and female children — when there is one or more, for the reason explained earlier.

As for "returning" to the latter group the property left after distribution of prescribed shares, the reader should consult books of hadith and jurisprudence.

al-Hakim and al-Bayhaqi (in his as-Sunan) have narrated about Zayd ibn Thabit that he used to partially exclude mother [i.e., reduced her share from one-third to one-sixth] if the deceased had left two brothers. People said to him: "O Abu Sa'id! surely Allah says: and if he has brothers. .. [and plural in Arabic indicates at least three], and you are partially excluding her by [only] two brothers?" He said: "Verily the Arabs call two brothers al-ikhwah (brothers [in plural])." (ad-Durru 'l-manthur)

The author says: The same theme is narrated from the Imams of Ahlu 'l-bayt (a.s.); although it is generally said that al-ikhwah is plural of al-akh (brother) and plural is not used for less than three.

as-Sadiq (a.s.) said: "The mother is not partially excluded from one-third except by (presence of) two consanguine of agnate brothers or four consanguine or agnate sisters." (al-Kafi)

The author says: There are many traditions of the same theme. As for uterine brothers, they are connected to the deceased through the mother who by her presence debars them from inheritance. It is narrated in the traditions of both the Shi’is and the Sunnis that the brothers partially exclude the mother, but they themselves do not get any share in inheritance because of the presence of the parents who have precedence over them in class. Thus the law, that the brothers partially exclude the mother while they themselves do not inherit anything, has been laid down keeping in view the position of the father - because the excess portion shall be returned to him. That is why the uterine brothers do not partially exclude the mother, because they are not the father's dependants.

The Leader of the faithful (a.s.) said regarding the clause, after (the payment of) any bequest he may have bequeathed or debt: "Surely you recite in this verse the bequest before the debt, but the Messenger of Allah (s.a.w.a.) has decreed (to pay) the debt before the bequest." (Majma'u 'l-bayan)

The author says: This tradition has also been narrated by as-Suyuti in ad-Durru 'l-manthur from several traditionalists and exegetes. as-Sadiq (a.s.) explained al-kalalah in these terms: "Other than parent and child." (al-Kafi) The same Imam (a.s.) says about the clause: and if a man or a woman leaves property to be inherited by neither parents nor offspring, that Allah has meant by it specifically the uterine brothers and sisters, (ibid.)

The author says: There are numerous traditions of this theme and the Sunnis too have narrated them. The number of such traditions reaches near to mutawatir. These traditions also say that the law regarding consanguine and agnate al-kalalah is mentioned in the last verse of the chapter which says: They ask you for a decision of the law. Say: "Allah gives you a decision concerning the person who has neither parents nor offspring... [4:176].

It is a further proof of this explanation that the shares allotted to those relatives in that last verse exceeds the shares mentioned in this verse by double or even more. We know from the context and the above-mentioned verses that Allah has made a male's share generally equal to that of two females - as far as possible.

Relatives other than parents and children are connected with the deceased either through father and mother both, or through father or through mother alone. Naturally, the difference maintained between father and mother will be carried over to those relatives too, because they are connected through them. In other words, the consanguine or agnate relatives will get a larger share than the uterine relatives. It leads us to the above-mentioned conclusion that the verse giving smaller shares speaks about the uterine relatives and that prescribing larger shares about the consanguine or agnate relatives.

Muhammad ibn Sinan has narrated that Abu 'l-Hasan ar-Rida (a.s.) wrote in reply to his questions, inter alia: "The reason why women are given half of men's share in inheritance: It is because when a woman marries she receives (the dowry) and it is the man who pays; that is why men have been given more. Another reason why male is given twice of what female gets: It is because female is a dependant of male if she is in need; the male is obliged to maintain her and he is responsible for her sustenance; the woman is not liable to maintain the man nor is she held responsible to give his sustenance if he is in need; that is why men have been given more; and that is the word of Allah: Men are the maintainers of women because of that with which Allah has made some of them to excel the others and because of what they spend out of their property." (Ma'ani 'l-akhbar)

al-Ahwal said: "Ibn Abi 'l-'Awja' said: 'Why is it that a poor weak woman takes one share and men take two shares?'

Some of our companions mentioned this to Abu 'Abdillah (a.s.) and he said: 'Verily, there is no jihad on woman, nor maintenance nor blood-money, (all) this is on men, that is why woman was allotted one share and man two shares.' " (al-Kafi) The author says: There are very many traditions of this import, and we have shown that the Qur'an too shows the same thing.