Heirs and Inheritance

I take refuge with Allaah, the Exalted, from the accursed devil.

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ

Bismillah-ir-Rahman-ir-Raheem: In the name of Allah, the Compassionate, the Merciful.

Welcome to my blog and praise the Magnificent Lord as you enter: Allahu Akbar: Allah is the Greatest .

May the Peace and Blessings of Allah Azza wa Jal, our Lord Glorified and Praised be He, be upon our beloved  Prophet, his Family, and Companions.

Heirs and Inheritance.

وَلِكُلٍّ جَعَلْنَا مَوَالِىَ مِمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ فَـَاتُوهُمْ نَصِيبَهُمْ إِنَّ اللَّهَ كَانَ عَلَى كُلِّ شَىْءٍ شَهِيداً

(33. And to everyone, We have appointed Mawali of that left by parents and relatives. To those also with whom you have made a pledge (brotherhood), give them their due portion (by wills). Truly, Allah is Ever a Witness over all things.)

Surah 4 An Nisaa Verse 33

Ibn `Abbas, Mujahid, Sa`id bin Jubayr, Abu Salih, Qatadah, Zayd bin Aslam, As-Suddi, Ad-Dahhak, Muqatil bin Hayyan, and others said that Allah’s statement,

(And to everyone, We have appointed Mawali) means, “Heirs.” Ibn `Abbas was also reported to have said that Mawali refers to relatives. Ibn Jarir commented, “The Arabs call the cousin a Mawla.” Ibn Jarir continued, “Allah’s statement,

(of that (property) left by parents and relatives.) means, from what he inherited from his parents and family members. Therefore, the meaning of the Ayah becomes: `To all of you, O people, We appointed relatives (such as children) who will later inherit what you inherited from your own parents and relatives.” Allah’s statement,

(To those also with whom you have made a pledge (brotherhood), give them their due portion.) means, “Those with whom you have a pledge of brotherhood, give them their share of inheritance, thus fulfilling the ratified pledges that you gave them. Allah has witnessed all of you when you gave these pledges and promises.” This practice was followed in the beginning of Islam, but was later on abrogated when Muslims were commanded to fulfill the pledges (brotherhood) they had already given, but to refrain from making any new pledges after that. Al-Bukhari recorded that Ibn `Abbas said,

(And to everyone, We have appointed Mawali) “meaning, heirs;

(To those also with whom you have made a pledge (brotherhood)) When the emigrants came to Al-Madinah, the emigrant would inherit from the Ansari, while the latter’s relatives would not inherit from him because of the bond of brotherhood which the Prophet established between them (the emigrants and the Ansar). When the verse,

(And to everyone We have appointed Mawali) was revealed, it cancelled (the pledge of brotherhood regarding inheritance).” Then he said, “The verse,

(To those also with whom you have made a pledge (brotherhood), give them their due portion.) remained valid for cases of co-operation and mutual advice, while the matter of inheritance was excluded and it became permissible to assign something in one’s will to the person who had the right of inheriting before.”

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