النص المفهرس

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Surah Al-Nisa' 4 : 7-10
necessary expenses needed to maintain their family - that they should
not take anything from these institutions or from the public exchequer
of the government. But, should it be that they do not have funds of
their own to sustain themselves and they devote their earning time to
such service-oriented activities, then, they have the right to take such
funds from these institutions in proportion to their need. Please do
notice the condition which is: 'in proportion to need'. A lot of people fix
an insignificant monthly emolument shown on paper to satisfy legal
requirements but they go on spending by various other means on their
person and on their family recklessly, much much beyond it. There is
just no remedy for this lack of caution except the fear of Allah. The
last words of the verse: وَكَفَى بِاللَّهِ حَسِيبًا (and Allah is sufficient for reck-
oning) invite everyone, masses or classes, to realize that the man who
stays untouched by unlawful acquisitions will be the man who fears
the final accounting by Allah. وبالله التوفيق :And the ability to do so comes
from Allah.
Verses 7 - 10
لِلرّجَالِ نَصِيْبٌ مِمَّا تَرَكَ الْوَالِدْنِ وَالْآَقْرُونَ وَ لِّسَاءِ نَصِيْبُ
◌ِمَا تَرَكَ الْوَالِدُنِ وَالْآَفْرَبُوُنَ مِمَّا قَلَّ مِنْهُ آؤُكَفُرَ نَصِيْبًا
◌َّفُرُوُضًّا﴿٧﴾ وَإِذَا حَضَرَ الْقِسْمَةَ أُولُوا الْقُرُبِى وَالْيَخْمُى
وَالْمُسَكِيْنُ فَارْزُهُؤُهُمْ قِنْهُ وَقُلُوا لَهُمْ قَوْلًا مَعْرُوفًّا (٨)
وَلِيَخْشَ الَّذِيْنَ لَؤْتَرَكُوْا مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعْفًاِ خَاُوا عَلَيْهِمٌْ
فَلْيَتَّقُوا اللهَ وَلْيَقُلُوا قَوْلاً سَدِيْدًا(٩) إِنَّ الَّذِينَ يَأْكُلُوَّنَ
آَهُوَالَ الْيَتْمَى ظُلْمًا إِنَّا يَأْكُلُوْنَ فِى بُطُونِهِمْ نَارًا، وَسَيَصْلَوْنَ
سَعِيْرًا (١٠)
For men there is a share in what the parents and the
nearest of kin have left. And for women there is a share
in what the parents and the nearest of kin have left, be
it small or large - a determined share. [7]
And if the kins and the orphans and the needy are
present at the time of distribution, give them some of it

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Surah Al-Nisa' 4 : 7-10
and speak to them in fair words. [8]
And those people should be fearful who, if they leave
behind some helpless children, would remain anxious
for them. So, they should fear Allah and say what is
right. [9]
Surely, those who eat up the property of the orphans
unjustly, they only eat fire into their bellies, and soon
they shall enter a blazing Hell. [10]
Right from the opening of Surah Al-Nisa', the theme of universal
human rights, particularly those relating to family life, has been
appearing regularly. Verses before those dealt with the rights of
orphans. The four verses here also take up particular rights of women
and orphans which relate to inheritance.
The first verse (7) refutes the custom of Jahiliyyah under which
women were just not allowed to inherit. The verse declares their enti-
tlement to their share as fixed by Islamic law and strictly forbids any
attempt to decrease their due right. Since the subject concerned those
who had a determined share in inheritance, and it is not uncommon
that when such distribution is being made, some persons from among
the poor and the orphans do make their appearance on the occasion,
therefore the second verse (8) lays down the rule that they should be
treated benignly. But, this command is not obligatory; it is, rather,
commendatory.
The third and fourth verses (9, 10) also emphasize the importance of
injunctions relating to orphans.
Commentary
The right to inherit from parents and other nearest of kin
Before Islam, orphans and women, the weaker links in the human
chain, had been victims of all sorts of injustice. To begin with, none of
their rights were recognized as such. Even if one of these was
conceded, who could wrest it from men and hope to hold it safe? Such
power and authority did not exist.
The breakthrough came when Islam championed their cause, legal-
ized their rights and instituted safeguards to see that these stay
secure against infringements. All this happened in the background
when nations around the world had allowed these two weaker units of

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human society to remain deprived of their natural and obligatory
rights. Such was the state of the law of inheritance. The pre-Islam
Arabs seemed to have lived by the the very principle that the one
deserving of inheritance is the one who rides a horse, fights against
enemies and collects battle spoils. (Ruh al-Ma'ani), v. 4, p. 21). As quite
obvious, women and children could not live by this principle. So,
according to their principle of inheritance, only a young and adult boy
could become the inheritor. A girl was absolutely out of consideration
for this purpose, irrespective of whether she was major or minor. And
a boy too, if minor and immature, would not be deserving of inheri-
tance.
There was an incident during the blessed time of the Holy Prophet
رضى الله عنه when a Companion, Sayyidna Aws ibn Thabit صلى الله عليه وسلم
died. He left behind two daughters, a minor boy and his wife as the
inheritors. But, very much like the old Arab custom, two of his cousins
from the father's side came and took the whole property in their
possession and just gave nothing to anyone from among the children
and wife of their deceased brother. This may have been so because,
according to their customary practice, a woman was absolutely out of
the pale of inheritors, major or minor. This conveniently ruled out the
wife and the two daughters. As far as the boy was concerned, he was a
minor and, therefore, he too was excluded from inheriting anything.
As a result, the two paternal cousins became the inheritors of the
whole property.
Inspite of what happened, the widow of Sayyidna Aws ibn Thabit
a JUly, still wanted that these cousins who had taken possession of
the entire property left by her deceased husband might as well marry
the two orphaned daughters so that she is relieved of the concern for
their marriage. But, as they did not accept this proposal too, she went
to the Holy Prophet صلى الله عليه وسلم and narrated to him her sad story
and explained the destitution of her children. Since, by that time, the
'verse of inheritance' was yet to be revealed in the Holy Qur'an, the
noble Prophet صلى الله عليه وسلم withheld his response. His heart was at
peace; he was confident that this unjust practice will be removed
through Divine revelation. Thereupon, the following verse was
revealed:

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Surah Al-Nisa' 4 : 7-10
لِلرّجَالِ نَصِيْبُ مِما تَرَكَ الْوَالِدْنِ وَالْآَ قُرَبُوْنَ وَلِلِّسَاءِ نَصِيْبُر ◌َمَا تَرَكَ اُلْوَالِدُنِ
وَالْآَقُرَبُوُنَ مِمَّا قَلَّ مِنْهُ أَوْكَفُرَ نَصِيبًا تَمَّفُرُوُضًا
For men there is a share in what the parents and the nearest
of kin have left. And for women there is a share in what the
parents and the nearest of kin have left, be it small or large -
a determined share.
After that came the second verse of inheritance which contains the
details of shares. The second section of this Surah comprises these
details. So, the Holy Prophet , . J _ followed the injunctions of
the Qur'an, gave the wife the one-eight of the total inheritance and
distributed the rest of the property over the son and the daughters of
the deceased in a way that the half of it went to the boy and the
remaining half was shared equally by the two girls; and the cousins,
since they were not the nearest of kin as compared to children, were
excluded. (Ruh al-Ma'ani)
The rule of inheritance
This verse lays down the rule relating to the law of inheritance as
a corollary to some of its injunctions, which is: sei,plage, ( ... in
what the parents and the nearest of kin have left.) The two words, 'al-
walidan' (the parents) and 'al-aqrabun' (the nearest of kin) spell out
two basic principles of inheritance. The first one is the bond of birth
which exists between children and their father and mother and which
has been described through 'al-walidan.' The second one is the general
kinship which is the sense of the word, 'al-aqrabun'. According to the
correct interpretation, the word, 'al-aqrabun' covers all kinds of family
relationships. This may be the mutual bond of birth as in children and
their parents; or, it may be of the other kind as in general family rela-
tionships; or, these may be relations established through marital
connection. The word, 'al-aqrabun' covers all, but parents were set
apart specially because of their importance. Then, this word has also
established another principle of inheritance, that is, the mere fact of
kinship is not enough for a claim on inheritance. Rather, it is neces-
sary that the heir is nearest in kinship, for - if the degree of nearness
or closeness were not made the standard condition - the inheritance of
every deceased person would have to be, of necessity, distributed over
the entire human population of this wide world. The reason is simple

330
Surah Al-Nisa' 4 : 7-10
to understand because everyone is the offspring of one father and
mother, Adam and Eve, peace be on them. Be it close or not so close,
there does exist some sort of mutual relationship in everyone. When it
comes to distribution of inheritance, it is, to begin with, beyond the
realm of possibility. However, speaking academically, if such an
arrangement was somehow made, the resulting distribution of prop-
erty would be something like one insignificant particle for each which
will be no good for anyone. So, it was necessary that, given the pivotal
position of kinship in the matter of inheritance, the principle should
be: If choice has to be made from a collection of different relatives,
then, the nearest of kin should be preferred over the farther ones and,
in the presence of the nearest, the farthest should not be given a
share. However, if there are relatives who are all declared to be the
nearest at the same time, even if the nature of nearness in them be
different, then, all of them will deserve a share in the inheritance as
the father and mother alongwith children, or wife etc., for they all are
the nearest, though the nature of nearness differs.
In addition to that, this very word, 'al-aqrabun' establishes that the
way men are sharers in inheritance, so are women and children, who
too cannot be deprived of this right, for kinship of children, parents or
any others, is the same in a boy and girl as far as the fact of being
related is concerned. A boy is born to his parents and so is a girl, who
is born to them. When the right to inherit depends on being related,
there is no sense in depriving a small child or a girl.
Another point about the style of the Holy Qur'an is worth noticing
here. Instead of mentioning the entitlement of women in a separate
sentence, the Holy Qur'an could have easily merged it with the entitle-
ment of men in a single sentence, by saying, "For men and women both
there is a share .... " But the Holy Qur'an has elected to mention the
entitlement of both sexes in two separate independent sentences, even
though it seems to be a repetition. This is to emphasize the fact that
the right of women in inheritance is quite independent and is as
important as the right of men.
Furthermore, this very word, 'al-aqrabun' also tells us that the
distribution of property left behind is not based on the criterion of
need; it is, rather, based on the criterion of nearness in kinship. There-

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Surah Al-Nisa' 4 : 7-10
fore, it is not necessary that the one more needy among the relatives
should be the one more deserving of a share in inheritance. On the
contrary, the one nearest in kinship to the deceased will be the one
more deserving of a share in the inheritance as compared to the
farther - even though, the farther may be poorer and more needy. If we
set aside the principle of nearness in kinship and use the need or the
beneficial effects for some relatives as the criterion, it can neither turn
into a rule nor can it take the form of a settled and solid law, because
any criterion, other than nearness in kinship, will inevitably be tempo-
rary as based on opinion because poverty and need or usefulness are
not permanent. Conditions change. Levels change. Under such condi-
tions, there will appear a host of claimants and those responsible for
settlement would have a hard time in arriving at decision.
The problem of an orphaned grandson's inheritance
If this Qur'anic principle is understood clearly, the problem of an
orphaned grandson's inheritance - which has been made to look like a
disputed issue for no sound reason - resolves itself automatically on
the basis of a categorical decision. In other words, if an orphaned
grandson is more needy as compared to the son, but, in accordance
with the law of 'al-agrabun' (the nearest in kinship), he cannot claim a
share in the inheritance because he is not 'the nearest' in the presence
of the son, other arrangements have been made to take care of his
needs. One such arrangement appears in the next verse.
This religious position has been opposed by none but some of the
contemporary, westernized modernists. Other than these, the entire
Muslim Ummah has been holding the belief, as clarified by the Qur'an
and the Hadith, that the grandson will not inherit in the presence of a
son of the deceased, irrespective of whether his father is dead or alive.
The right of inheritance is operative in everything owned by
the deceased
The phrase 25;122 Je (be it small or large) in this verse corrects
another custom practiced by some ignorant people where some things
or properties were assigned to special inheritors. For example, a horse
or some weapon like a sword could only be inherited by young males as
a matter of right. Others were deprived of these. The instruction given
by the Holy Qur'an makes it very clear that in everything under the

332
Surah Al-Nisa' 4 : 7-10
ownership of the deceased, be it big or small, there is a standing right
of all inheritors. It is not permissible for any inheritor to keep
anything special for himself before the total inheritance has been
formally distributed according to rules.
Fixed shares in inheritance have been determined by Allah
The last phrase @3% (22 (a determined share) in verse 7 is to
stress that different shares fixed for different inheritors in the Holy
Qur'an have been determined as such by Allah Almighty. Nobody has
any right to add or delete or change or transpose any of these by
personal opinion or analogical deduction.
Inheritance is a compulsory transfer of ownership
This particular word, work (mafrudan: determined) throws light on
yet another principle, that is, the ownership which passes on to inheri-
tors through the law of inheritance is automatic and compulsory. It
does not require the acceptance or consent of the inheritor nor is it
necessary that he be satisfied with it. The fact is that, even if he were
to make a clear declaration that he will not take his share, still then,
he is the owner of his share in the sight of the Shari'ah. But, if he does
not want to keep his share, he may, after having become the owner,
gift it to somebody or sell it or distribute it, in accordance with the
rules of Shari'ah.
A sign of goodwill to other relatives
It is likely that there are some relatives of the deceased who
cannot receive a share from his inheritance according to the rules of
Shari'ah. At the same time, it is obvious that everyone does not know
the details of the system of share distribution. Generally, every rela-
tive would like to have some share out of the inheritance. Therefore,
relatives who have been excluded under the provisions of the Islamic
law of inheritance may feel disappointed at the time of the distribution
of inheritance, specially so when they are physically present at that
time, and more so when there are some orphans and poor and needy
among them. A scenario in which other relatives are walking away
with their respective shares while they simply look on is terrible.
Now look at the beauty and delicacy of the Qur'anic arrangement of
things. On the one hand, there is the just rule offered by the Qur'an
itself - that the nearer in kinship shall exclude the farther. On the

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Surah Al-Nisa' 4 : 7-10
other hand, there is that wonderful concern for the disappointment of
'the excluded farther'. Therefore, a regular verse (8) has been devoted
to carry the necessary instruction as to how this situation will be
handled:
وَإِذَا حَضَرَ الْقِسْمَةَ أُولُوا الْقُرُبِى وَالْيَخْمِىِ وَالْمُسَلِكِيْنُ فَارُزُقُوُهُمْ قِّنُهُ وَقُولُوا
139
It means that distant relatives, orphans and the needy who are to
be excluded from having a share in the inheritance and who, neverthe-
less, show up at the time of its distribution, then, it is the moral obli-
gation of those who get a share in the inheritance that they voluntarily
give them some of it, which would become an act of charity for them,
and certainly, a modality of reward from Allah. At a time like this,
when wealth and property are coming to them, without their having
made any effort, simply through the mercy of Allah Almighty - then,
their own hearts should beat with the urge to give whatever they can,
in the way of Allah, an example of which appears in another verse (Al-
An'am: 6:141) cited below:
كُلُوا مِنْ ثَمَرَّةٍ إِذَا أَثْمَرَ وَانُّوْا حَقَّهُ يَوْمَ حَصَادِ!
That is, eat the fruit of your farm when it bears fruit and on
the day of its harvesting give away the due (of the poor and
the needy) on it.
In short, the fact that distant kindred, orphans and the needy
assemble at the time of the distribution of inheritance should be no
cause of irritation. On the contrary one should be grateful to Allah
that He has bestowed on him something he did not work for, therefore,
it will be good to give away a part from it as a token of gratitude. In
fact, one should take it as a God-sent opportunity to let these people
have a little from what they have received which would certainly
compensate the sense of deprivation faced by these people. Inciden-
tally, this includes and covers the grandson of the deceased who was
excluded from the inheritance.
His uncles and paternal aunts should actually be pleased to give
him something each from their respective shares.
The statement at the end of the verse (8):وَقُوُلُوا لَهُمْ قَوْلاً مَعْرُوفًا (and speak

334
Surah Al-Nisa' 4 : 7-10
to them in fair words) gives the guideline in case these people are not
satisfied with the manner and quantum of what they get but start
demanding a share equal to that of everybody else, then, this demand
being unjust and contrary to Shari'ah, there is no way to satisfy it,
however, instead of behaving to them in a crude manner which may
hurt their feelings, the actual rules of Shari'ah should be explained to
them in a polite manner. They can be told that they do not have a
share in the inheritance as stipulated by the rule of Islamic law and
that which has been given to them has been given to them as a gift. At
this point, one should make sure that the gift or donation given to
such people does not come out of the total property inherited. Here it is
important that the donation should be made by adult inheritors
present, from their respective shares. Such gifts from the shares of the
minor and the absent are not allowed in Shari'ah.
Fear Allah while distributing inheritance
The third verse (9) addresses Muslims in general exhorting them to
make it certain that the inheritance of the deceased reaches his chil-
dren fully and fairly. They must abstain from any mode of action
which may affect the share of the children adversely. The general
sense of the verse covers the eventuality when one sees a Muslim
making a will or disposing property off in a manner which could cause
damage or loss to his children and other inheritors. If so, one must
stop him from such bequeathal or such disposal, very much like what
the Holy Prophet صلى الله عليه وسلم did when he stopped the blessed
Companion, Sayyidna Sa'd ibn Abi Waqqas Ul », from giving the
whole, or half, of his property in charity (Sadaqah), allowing him to
give only one-third of his property as such (Mishkat, Bab al-Wasaya, p. 265),
because, 'If the whole, or half of the property was given in charity, the
share of the inheritors would have either been all consumed, or
curtailed.
Also included in the general sense of the verse is that guardians of
the orphaned children should protect their property and give it to
them in full when they become mature. They should take pains to
accomplish this mission of trust and never let the least negligence on
their part affect their duty; if they wish that others treat their children
well after them, without causing them any harm or injustice, then,

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Surah Al-Nisa' 4 : 7-10
they should treat the children of others - the orphans - in the same
manner.
Misappropriation of the property of the orphans
The fourth verse (10) carries a severe warning for those who pilfer
or dispose off the property of orphans unlawfully. It declares: 'Surely,
those who eat up the property of the orphans unjustly, they only eat
fire into their bellies, and soon they shall enter a blazing Hell.'
This verse equates the property of the orphan with the fire of Hell.
Many commentators have interpreted this metaphorically, that is,
eating the property of the orphans unjustly is like stuffing one's
stomach with fire - because this is what is going to happen to him ulti-
mately in the Hereafter. But, those with deeper insights and proofs do
not support the presence of some figure of speech here. According to
them, whatever is eaten up from the property of the orphan unlawfully
is, in reality, nothing but fire - even though, it may not look like fire at
that time. This is like somebody saying that the match-box in his hand
was fire, or the piece of arsenic, a killer. Obviously, handling a match-
box does not burn the hand, nor does arsenic kill a man by simple
handling, not even by putting it in the mouth. However, a slight fric-
tion reveals that somebody who called the match-box a fire was right;
and similarly, once the arsenic goes down the throat, we know that the
one who called arsenic a killer was true. Common generalizations of
the Holy Qur'an also support the view that whatever deeds, good or
evil, man is doing, these very deeds are the trees, the flowers and the
fruits of Paradise, or the embers of Hell - even though, their form here
is different, but these will come forth on the Day of Doom transformed
in their true forms. The Holy Qur'an says: 56 ple 4325 (Kahf - 18:49)
that is, on the Day of Doom, they shall find what they did - present! In
other words, the punishment and the reward they shall see will be, in
reality, the result of their own deeds.
It appears in some narrations that those who devour the orphan's
property unjustly will be raised on the Day of Doom in a state that
flames of fire will be seen coming out from inside their bellies through
their mouths, nostrils, ears and eyes.
And the Holy Prophet صلى الله عليه وسلم said that a set of people will be
raised on the Day of Doom with their mouths erupting with fire. His

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Surah Al-Nisa' 4 : 7-10
noble Companions asked as to who these could be. He said: "Have you
not read it in the Qur'an? (which says) :إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَعْمَى ظُلُمَا (those
who eat up the property of the orphans unjustly)." (Ibn Kathir, v.1, p. 456)
The gist of the meaning of the verse is that the property of the
orphan eaten up unjustly will be, in reality, the fire of Hell, though it
may not be sensed as fire at that time. It is for this reason that the
Holy Prophet صلى الله عليه وسلم has given very clear instructions to observe
most stringent precaution in this matter. Sayyidna Abu Hurairah ,
أُحِّجُ مَالَ الضَّعِيْفَيْنِ الْمُرُّأَّةَ: said صلى الله عليه وسلم narrates that the Holy Prophet اللّه عنه
il (I warn you to abstain from the property of the two weak ones -
the woman and the orphan.) (Ibn Kathir, v.1, p.456)
A review at this point shows that the entire first section of Surah
al-Nisa' contains injunctions relating to orphans. They bid protection
of the property of the orphans, avoidance of encroaching on their prop-
erty as one's own and the giving of their due share from the property
they have received in inheritance; and they forbid the hasty consump-
tion of the property of the orphans for fear of their growing mature
and assuming its control, or the taking of orphaned girls in marriage
and lowering their dower, or to usurp their property. In the end the
text says that eating up the property of the orphan unjustly is filling of
bellies with fire because, after their death, such people will be recom-
pensed by fire filled in their bellies. Mark the use of the word,
'ya'kuluna' and the warning given to those who 'eat up' the property of
the orphan. It means that using the property of the orphan in what-
ever manner it may be - eating, drinking, consuming, utilizing - is
totally unlawful, and a sure cause of Divine wrath. The punishment of
eating up what belongs to somebody else unjustly and without any
right covers all sorts of uses.
When someone dies, the right of every inheritor attaches itself to
everything he owns, to each and every part, to everything big or small.
It is tragic that the minor children of the deceased become orphans.
Mostly, such children face a certain degree of injustice and excess in
every home and everyone who assumes control of the property after
the death of the father of these children - whether an uncle or elder
brother or mother or some guardian or trustee - falls into doing things
forbidden in this section. To begin with, they just go on postponing the

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Surah Al-Nisa' 4 : 7-10
distribution of the property for years together, spending a little here
and there to feed and clothe these children. After that, they open up
and become all too liberal in spending this jointly-held property on
religiously unacceptable practices, customs and wasteful heads of
expenditure. They would even spend it on their own person and go on
to the limit of manipulating legal documents entering the names of
their own children in place of the orphans. These are things hardly a
home remains unaffected from.
The donations made for orphans in religious schools and orphan-
ages must be spent on them. Not spending these on the orphans is a
form of 'eating up' the property of the orphan.
Rulings
1. Inheritance includes everything owned by the deceased, even the
clothes on the dead body. People tend to give these out in charity
without realizing that they belong to what has been left by the
deceased. There are places where copper utensils are given out to the
poor well before the total property is formally distributed, although
minors and absentees from among the inheritors have rights in all
such things. The proper method is to first distribute the property in
accordance with whatever shares are to be received by children, wife,
parents, sisters and anyone else as stipulated by the Islamic law of
inheritance. Once the ownership passes to sharers, it is upto them who
can, if they so desire willingly, give away part of it in charity on behalf
of the deceased. If the receivers of such shares wish to do that jointly,
let them make sure that they are all adults, for the permission of the
minor is not valid. As far as inheritors who are absent are concerned,
nothing can be taken from their shares without their permission.
2. The sheet spread over the Janazah while carrying the deceased
to the graveyard is not part of the required shroud (Kafn). It is not
permissible to buy it from the proceeds of the property left by the
deceased, because that is something held jointly. However, if someone
was to cover the cost on his own, that would be permissible. There are
places where a prayer-mat is torn out of the cloth purchased for the
shroud and is used by the Imam who leads the jan azah prayers. The
mat is later given to the Imam. This expense is extra to the needed
shroud and it is not permissible to buy it from the proceeds of the hith-

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erto combined inheritance.
3. In some areas, new utensils are procured for bathing the
deceased and which are broken after use. First of all, there is no need
to buy new ones for a bath can be given using utensils already in the
house; and if, for any reason, they have to be purchased, then,
breaking them is not permissible. It not only amounts to wasting of
property but also means causing loss to orphans and absent inheritors
whose due rights are attached to the total property.
4. Any expenses before the distribution of inheritance, such as
entertainment of guests or charity and alms, are totally impermissible.
Giving charity and alms in this manner brings no merit or reward for
the deceased. In fact, such giving under the notion that it will bring
good returns for the departed soul is a far greater sin. The reason is
simple. After the death of a person, all his property belongs to the
inheritors in proportion to their respective rights in it. Then, there are
orphans among them. Giving away things in charity from the
combined property which includes the share of the orphan is like
stealing from somebody's property and giving it in charity on behalf of
the deceased. This is not correct. First distribute the property, then,
let the inheritors give in charity from their shares for the good of the
deceased, if they so desire.
It is better not to go for charity and alms from the combined inheri-
tance even before the actual distribution, even though it be with the
permission of inheritors. This is because the permission of whoever is
an orphan among the inheritors is not just valid right from the outset.
As for the adult ones, it is not necessary that their 'permission' comes
out of their willing heart. It is quite possible that they are left with no
option but give their permission lest they are disgraced before others.
In other words, they may say yes with a heavy heart just to ward off
the sense of shame.
Let us look at an anecdote ascribed to a pious elder, which will
further clarify the issue. This pious elder went to visit a sick Muslim.
He had hardly sat with the patient for a little while when the latter
died. The sage immediately put out the lamp burning there and gave
someone the money to buy oil and re-light the lamp with it. When
people around asked him for the reason of his doing so, he said that

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this lamp was under the ownership of this person until such time that
he was alive and it was correct to use that light. Now that the
deceased has left this mortal world, his inheritors have the necessary
right over everything he owned. So, it is only through the permission
of all inheritors that we can use this lamp and since all of them are not
present here, this lamp was lighted at a personal cost.
Verse 11
مُصِيْكُمُ اللّهُ فِىٌّ آَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْقَبَيْنِ، فَإِنُ
كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُغَا مَا تَرَكَهْ وَإِنْ كَانَتْ وَاحِدَةً
فَلَهَا النِّصْفُ، وَلِبَوَّتِهِ لِكُلِّ وَاحِدٍ مِنُهُمَا السُّدُسُ مِمَّا تَرَكَ إِنَّ
كَانَ لَهُ وَلَدْ فَإِنُ لَّمْ يَكُنُ لَّهُ وَلَهُ وَ وَرِئَةَ آَبَوَاهُ فَلِأُقِهِ التَّلُثُه
فَإِنُ كَانَ لَةَ إِخْوَةٌ فَلْأُقِهِ السُّدُسُ مِنْ بَعْدِ وَصِيَةٍ يُّوُصِىُ بِهَا
أَوْ دَيْنٍ آبَاؤُكُمْ وَ ابْنَاؤُكُمْ لَا تَدْرُوْنَ آَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا"
فَرِيُضَةٌ مِّنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيُّمًا ﴿١١﴾
Allah directs you concerning your children: for a male
there is a share equal to that of two females. But, if
they be (only) women, more than two, then they get
two-third of what one left behind. And if she be one,
she gets one-half. And for his parents, for each of them,
there is one-sixth of what he left in case he has a child.
But, if he has no child and his parents have inherited
him, then, his mother gets one-third. And if he has
some brothers (or sisters), his mother gets one-sixth, all
after (settling) the will he might have made, or debt.
Your fathers and your sons - you do not know who, out
of them, is closer to you in being beneficial. All this is
determined by Allah. Surely, Allah is All-Knowing, All-
Wise. [11]
People entitled to inheritance were briefly mentioned in verse 7 of
the previous section which also carries details about some kinds of
those so entitled. Also given there are their shares under different
circumstances. More details in this connection shall be appearing later
towards the end of this Surah. Remaining shares have been identified

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in ahadith. Muslim jurists have collected and codified all details of the
rules of inheritance from the Qur'an and Hadith, giving it the status of
a permanent science which, in Islamic terminology, is known as 'Ilmul-
Fara'id (the Science of the Laws of Inheritance).
The present verse (11) describes shares for children and parents
along with some related aspects of inheritance.
INHERITANCE
Preliminary Rights on the Property of the deceased
According to the principles of Islamic law, the expenses incurred on
the shrouding and burial of a Muslim deceased should be the first
thing to be paid out of the property left behind by him. This should be
done in accordance with Shari'ah avoiding the extremes of extrava-
gance or stinginess. After that, his debts should be paid. If the amount
of his debts is just equal to the property left by him, or even more than
that, then, there will be no distribution of inheritance and no applica-
tion of any will. And in case there remains some property after paying
debts, or if there are no debts, then, subject to any will made by him
which should not be a will of sin, then, this will should be carried out
to the extent of one-third of his remaining property. If someone makes
a will for his entire property, it will not take effect. Such will shall be
considered valid for only one-third of his property. The fact is that
making a will for more than one-third of the property is not appro-
priate; and if it is done with the intention of excluding inheritors, it
becomes a 'sin.
Once the debts are paid and the will has been applied within one-
third, the rest of the property should be distributed among the legal
heirs, details of which are available in books of Fara'id, the Muslim law
of inheritance. Incidentally, if the deceased has made no will, then,
following the payment of debts, the whole of the remaining property
shall be distributed as inheritance.
The share of children
As it has appeared in the previous section, the distribution of
inheritance shall be on the principle of الاقرب فالا قرب (the nearest, then,
the nearest). Since the children of the deceased and his parents are

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Surah Al-Nisa' 4 : 11
the nearest, therefore, they inherit under all conditions. These rela-
tions are the nearest and most direct of all relationships that human
beings have, others being indirect. So, the Holy Qur'an takes up their
shares first and beginning from the share of children, it says:
مُصِيْكُمْ اللّهُ فِىٌ أَوْلاَدِكُمُ لِلذَّكَرِ مِثْلٌ حَظٍّ اُلْأُنْقَبَيْنِ
Allah directs you concerning your children: for a male there is
a share equal to that of two females.
This is a universal rule which entitles boys and girls both as recip-
:ents of inheritance, determines the shares of each and, at the same
time, unfolds the operative rule in the event the deceased leaves
behind both male and female children when their shares in the prop-
erty will be distributed in a way that each boy gets twice that of a girl.
For instance, if someone leaves behind one boy and two girls, the
property will be split in four portions or shares out of which 2/4 will be
given to the boy and 1/4 to each girl.
The importance of giving shares to girls
The Holy Qur'an demonstrates visible concern to ensure that girls
are given their share when it mentions the share of girls as a basis for
determining the share of boys. In other words, instead of saying - 'for
two females there is a share equal to that of one male'- it has elected to
say : ◌ِلِلذَّكَرِ مِنْلُ حَظٍّ اُلأُنْقَبَيْن (for a male there is a share equal to that of two
females.) Those who do not give shares to sisters on the pretext that
they have forgone their right are in error, because their sisters usually
do not forgo their rights willingly. Done reluctantly, with the knowl-
edge that they are not going to get anything anyway, they think, why
create bad blood between brothers and sisters? Such an act of forgiving
is not valid under Islamic law. Their claim remains due against
brothers - and those who usurp inheritance are terrible sinners. In
case minor girls hold shares in such inheritance, not giving them their
shares is a sin committed twice by usurping the share of a legal heir
and by devouring the property of an orphan.
As part of further explanation later, the share of girls has been
described by saying:
فَإِنْ كُنَّ نِسَاءٌ فَوْقَ اثْنَتَيْنِ فَلَهُنَّ كُلُثَا مَا تَرَكَ
It means that, if there is no male child and there are only girls and

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they are more than one, then, they shall get two-third of the inherited
property in which all girls will be equal sharers. The remaining one-
third will go to other rightful heirs of the inheritance, such as the
parents of the deceased, wife or husband. Two girls and more than two
will all share in the two-third.
The share of 'more than two' girls appears in the Qur'anic verse
very clearly فَوْقَ اثْنَتَيُن (more than two). However, if there are two girls
only, they are governed by the same rule which governs more than
two. The proof appears in Hadith:
عَنْ جَابِرٍ بُنِ عَبْدِ اللَّهِ قَالَ خَرَجُنَا مَعَ رَسُولِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ حَتَّى
جِئْنَا اِمُرَءَةً مِنَ الْآَنْصَارِ فِى الاسواف فجاءت المرءة بابنتين لها فقالت يا
رسول الله هاتان بنتا ثابت بن قيس قتل معك يوم أحد وقد استفاء عمهما
مالهما وميراثهما كله ولم يدع مالا الا اخذه فما ترى يا رسول الله فوالله
لا تنكحان ابدا الا ولهما مال، فقال رسول الله صلى الله عليه وسلم:
يقضى الله فى ذلك وقال نزلت سورة النساء "يوصيكم الله فى اولادكم"
الاية فقال رسول الله صلى الله عليه وسلم ادعوا لى المرءة وصاحبها فقال
لعمهما اعطهما الثلثين واعط امهما الثمن وما بقى فلك، (ابوداؤد كتاب
الفرائض، وبمعناه فى الترمذى ابواب الفرائض)
Sayyidna Jabir ibn 'Abdullah has reported the following event:
"Once we went out with the Messenger of Allah g until we
passed by an Ansari woman in the neighbourhood of Aswaf.
The woman came along with her two girls and said: O
Messenger of Allah, these two girls are daughters of Thabit
ibn Qays (my husband) who fell a martyr at the battle of Uhud
while with you. The uncle of these girls has taken possession
of whatever they had of their entire inheritance and has left
nothing for them. What do you say about it, O Messenger of
Allah? By Allah, these girls can never hope to be taken in
marriage by anyone unless they have some assets. Then, the
Holy Prophet & said: Allah will decide in this matter
Sayyidna Jabir رضى الله عنه says: When this verse of Suratun-
Nisa' ◌ْيُوُصِيْكُمُ اللَّهُ فِىٌ أَوْلاَدِكُم was revealed, the Holy Prophet a said:
Call that woman and the man she mentioned (the brother of
her deceased husband who had taken possession of his entire
property). He said to the uncle of the girls: Give the girls two-

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Surah Al-Nisa' 4 : 11
thirds of the entire property; their mother, one-eighth and
what remains is for you.
(Abu Dawud, Kitab al-Fara'id & Tirmidhi, Abwab al-Fara'id)
صلى الله عليه وسلم In the case mentioned in the hadith, the Holy Prophet
gave out two-third to two girls as well, following the very rule of more
than two which appears in the verse of the Holy Qur'an under refer-
ence.
After that, it was said: ◌ُوَإِنُ كَانَتُ وَاحِدَةً فَلَهَا النَّصْف It means: If the deceased
left behind one girl only and no other children, then, she will get one-
half of what her father or mother have left behind. The rest will go to
other inheritors.
The share of parents
The text, moving to the share of the parents of the deceased,
mentions three states:
1. Firstly, the deceased may have left behind parents who are still
alive, and children too, whether only one boy or girl, in which case, the
father and mother will get 1/6 each. The legacy that remains will go to
children, wife or husband. There are particular circumstances when
some of the remainder returns back to the father which is in addition
to the one-sixth fixed for him. In the terminology of 'Ilmu'l-Fara'id
(The Science of the Laws of Inheritance), such entitlement is known as
the entitlement of "Ta'sib: as (Agnatic kinship).
2. Secondly, under a situation when the deceased has no children,
brothers or sisters, but does have parents still living, the mother will
get 1/3 of the inherited property while the father will get the
remaining two-third. This rule governs a situation when the husband
or the wife of the deceased is not alive to share in his inheritance. If
the husband or wife is present, their share will be taken out first and
from what remains, 1/3 will go to the mother and 2/3 to the father.
3. Thirdly, under a situation when the deceased has no children
but does have brothers and sisters whose number is two, whether two
brothers or two sisters, or more than two, then, under that situation,
the mother will get one-sixth and, if there are no other heirs, the
remaining 5/6 will go to the fathe. As evident, the presence of brothers
and sisters has reduced the share of the mother, but the brothers and

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sisters will get nothing because the father is nearer as compared to
brothers and sisters. What remains will go to the father. In this
situation, the share of the mother has come to 1/6 instead of 1/3. In the
terminology of 'Fara'id', this is known as "Hajb al-Nuqsan". The
presence of these brothers and sisters causing reduction in the share
of parents, irrespective of whether they are real or whether they are
from the same father but different mother or whether from the same
mother but different father, under all such conditions, their presence
will reduce the share of the mother - subject to their being more than
one.
The text, after describing the fixed share, says:
ابَّ هُمْ وَابْنَاؤُكُمْ لَا تَدْرُوُنَ آَيُّهُمْ أَقْرَبُ لَكُمُ نَفْعًا فَرِيْضَةً مِّنَ اللَّهِ إِنَّ اللَّهَ كَانَ
عَلِيمًا حَكِيْمًا
It means: 'These shares for children and parents have been deter-
mined by Allah Almighty Himself in His infinite wisdom because He is
Wise and He knows everything. The shares fixed have great considera-
tions behind them. If the distribution of inheritance was left to your
opinion, you would have made beneficialness the criterion of such
distribution. But, who will be the best to receive or deliver real benefit
is something which would have been difficult for you to ascertain with
any measure of certainty. Therefore, 'nearness in kinship' was
preferred to 'being beneficial' as the criterion of the injunction.
This verse of the Holy Qur'an clearly declares that the shares of
inheritance determined by Allah Almighty are settled injunctions from
Him. Nobody has any right to enforce opinion or to increase or
decrease its stipulations. These should be accepted whole-heartedly
This command from everyone's Creator and Master is based on what is
wise and beneficial for human beings. There is no aspect of benefit
outside the expanse of His knowledge and there is no command He
gives bereft of some or the other element of wisdom. Man cannot, all
by himself, recognize his gain and loss in the real sense. If this ques-
tion of the distribution of inheritance was left to man's personal
opinion, it was certain that man would not have decided correctly
because of his limitations in understanding and, as a result of which,
lack of moderation and justice would have affected the distribution of

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inheritance. So, Allah Almighty, in His most exalted majesty, took this
responsibility in His hands so that justice and equity reign supreme in
the distribution of property and the capital left by the deceased circu-
lates in the hands of competent inheritors in a manner which is just
and equitable.
Verse 12 ...
وَلَكُمْ نِصُفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنُ لَّهُنَّ وَلَدٌ فَإِنٌ كَانَ
لَهُنَّ وَلَدٌ فَلَكُمُ الرُّمُعُ نَّا تَرَكْنَ مِنْ بَعْدٍ وَصِيَّةٍ تُوُصِيْنَ بِهَا
أَوْدَيْنِ، وَلَهُنَّ الدُّيُعُ مَِّا تَكُمْ إِنْ لَّمْ يَكُنُ لَّكُمُ وَلَدٍُّ فَإِنْ كَانَ
لَكُمْ وَلَدْ فَلَهُنَّ الْقُّمُرُ مَِّا تَرَكُمُ مِنُ بَعْدٍ وَصِيَّةٍ تُوُصُونَ
بِهَا أَوُدَّيْنٍ ﴿١٢ ... ﴾
And for you there is one-half of what your wives left
behind, in case they have no child. But, if they have a
child, you get one-fourth of what they left, after
(settling) the will they might have made, or debt. And
for them (the wives) there is one-fourth of what you
left, in case you have no child. But, if you have a child,
they get one-eight of what you left, after (settling) the
will you might have made, or debt. [12 ... ]
Upto this point, the text has described the shares of those competent to
inherit, those who had the affinity of lineage and birth with the deceased. The
present verse talks about some others who do have the competence but are
not related by lineage. Instead, they are related by marriage. Details appear
in the Commentary.
Commentary
The share of the husband and the wife
In this part of verse 12, the shares of the husband and the wife
have been determined. The share of the husband has been mentioned
first, perhaps to show its importance because after the death of the
wife, the husband becomes part of some other family. If the wife dies
at the home of her parents with her assets too being there, her people
may avoid giving the share due to the husband. By describing the
right of the husband first, the Holy Qur'an has possibly condemned