Share of the Spouses in the 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.

Share of the Spouses in the Inheritance.

وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَجُكُمْ إِنْ لَّمْ يَكُنْ لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُنْ لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَـلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُواْ أَكْثَرَ مِن ذلِكَ فَهُمْ شُرَكَآءُ فِى الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ

(12. In that which your wives leave, your share is half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in Kalalah has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most Forbearing.)

Surah 4 An Nisaa Verse 12

Tafsir Ibn Kathir

Allah says to the husband, you get half of what your wife leaves behind if she dies and did not have a child. If she had a child, you get one-fourth of what she leaves behind, after payment of legacies that she may have bequeathed, or her debts. We mentioned before that payment of debts comes before fulfilling the will, and then comes the will, then the inheritance, and there is a consensus on this matter among the scholars. And the rule applies to the grandchildren as well as the children, even if they are great-grandchildren (or even further in generation) Allah then said,

(In that which you leave, their (your wives) share is a fourth) and if there is more than one wife, they all share in the fourth, or one-eighth that the wife gets. Earlier, we explained Allah’s statement,

(After payment of legacies)

The Meaning of Kalalah.

Allah said,

(If the man or woman whose inheritance is in question was left in Kalalah.) Kalalah is a derivative of Iklil; the crown that surrounds the head. The meaning of Kalalah in this Ayah is that the person’s heirs come from other than the first degree of relative. Ash-Sha`bi reported that when Abu Bakr As-Siddiq was asked about the meaning of Kalalah, he said, “I will say my own opinion about it, and if it is correct, then this correctness is from Allah. However, if my opinion is wrong, it will be my error and because of the evil efforts of Shaytan, and Allah and His Messenger have nothing to do with it. Kalalah refers to the man who has neither descendants nor ascendants.” When `Umar became the Khalifah, he said, “I hesitate to contradict an opinion of Abu Bakr.” This was recorded by Ibn Jarir and others. In his Tafsir, Ibn Abi Hatim recorded that Ibn `Abbas said, “I was among the last persons to see `Umar bin Al-Khattab, and he said to me, `What you said was the correct opinion.’ I asked, `What did I say’ He said, `That Kalalah refers to the person who has no child or parents.”’ This is also the opinion of `Ali bin Abi Talib, Ibn Mas`ud, Ibn `Abbas, Zayd bin Thabit, Ash-Sha`bi, An-Nakha`i, Al-Hasan Al-Basri, Qatadah, Jabir bin Zayd and Al-Hakam . This is also the view of the people of Al-Madinah, Kufah, Basrah, the Seven Fuqaha’, the Four Imams and the majority of scholars of the past and present, causing some scholars to declare that there is a consensus on this opinion.

The Ruling Concerning Children of the Mother From Other Than the Deceased’s Father.

Allah said,

(But has left a brother or a sister), meaning, from his mother’s side, as some of the Salaf stated, including Sa`d bin Abi Waqqas. Qatadah reported that this is the view of Abu Bakr As-Siddiq.

(Each one of the two gets a sixth; but if more than two, they share in a third.) There is a difference between the half brothers from the mother’s side and the rest of the heirs. First, they get a share in the inheritance on account of their mother. Second, the males and females among them get the same share. Third, they only have a share in the inheritance when the deceased’s estate is inherited in Kalalah, for they do not have a share if the deceased has a surviving father, grandfather, child or grandchild. Fourth, they do not have more than a third, no matter how numerous they were. Allah’s statement,

(After payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone).) means, let the will and testament be fair and free of any type of harm, without depriving some rightful heirs from all, or part of their share, or adding to the fixed portion that Allah ordained for some heirs. Indeed, whoever does this, will have disputed with Allah concerning His decision and division. An authentic Hadith states,

(Allah has given each his fixed due right. Therefore, there is no will for a rightful inheritor.)

تِلْكَ حُدُودُ اللَّهِ وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّـتٍ تَجْرِى مِن تَحْتِهَا الاٌّنْهَـرُ خَـلِدِينَ فِيهَا وَذلِكَ الْفَوْزُ الْعَظِيمُ

(13. These are the limits (set by) Allah, and whosoever obeys Allah and His Messenger, will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and is the great success.)

– وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَاراً خَـلِداً فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ

(14. And whosoever disobeys Allah and His Messenger, and transgresses His (set) limits, He will cast him into the Fire, to abide therein; and he shall suffer a disgraceful torment.)

Surah 4 An Nisaa Verse 13-14

Tafsir Ibn Kathir

Warning Against Transgressing the Limits for Inheritance.

Meaning, the Fara’id are Allah’s set limits. This includes what Allah has alloted for the heirs, according to the degree of relation they have to the deceased, and their degree of dependency on him. Therefore, do not transgress or violate them. So Allah said;

(And whosoever obeys Allah and His Messenger,) regarding the inheritance, and does not add or decrease any of these fixed shares by use of tricks and plots. Rather, he gives each his appointed share as Allah commanded, ordained and decided,

(Will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and is the great success. And whosoever disobeys Allah and His Messenger, and transgresses His (set) limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.) This is because he changed what Allah has ordained and disputed with His judgment. Indeed, this is the behavior of those who do not agree with what Allah has decided and divided, and this is why Allah punishes them with humiliation in the eternal, painful torment. Imam Ahmad recorded that Abu Hurayrah said that, the Messenger of Allah said,

(A man might perform the actions of righteous people for seventy years, but when it is time to compile his will, he commits injustice. So his final work will be his worst, and he thus enters the Fire. A man might perform the deeds of evil people for seventy years, yet he is fair in his will. So his final work will be his best, and he thus enters Paradise.) Abu Hurayrah said, “Read, if you will,

(These are the limits (set by) Allah) until,

(a disgraceful torment.).” In the chapter on injustice in the will, Abu Dawud recorded in his Sunan that Abu Hurayrah said that the Messenger of Allah said,

(A man or a woman might perform actions in obedience to Allah for sixty years. Yet, when they are near death, they leave an unfair will and thus acquire the Fire.) Abu Hurayrah then recited the Ayah,

(After payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused), until,

(and that is the great success.) This was also recorded by At-Tirmidhi and Ibn Majah, and At-Tirmidhi said, “Hasan Gharib”.

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Inheritance as commanded by Allah, the Exalted, the Wise

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.

Inheritance as commanded by Allah, the Exalted, the Wise.

يُوصِيكُمُ اللَّهُ فِى أَوْلَـدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الاٍّنْثَيَيْنِ فَإِن كُنَّ نِسَآءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَحِدَةً فَلَهَا النِّصْفُ وَلاًّبَوَيْهِ لِكُلِّ وَحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ فَإِن لَّمْ يَكُنْ لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلاٌّمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلاٌّمِّهِ السُّدُسُ مِن بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ءَابَآؤُكُمْ وَأَبناؤُكُمْ لاَ تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً فَرِيضَةً مِّنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيماً حَكِيماً

(11. Allah commands you for your children’s (inheritance): to the male, a portion equal to that of two – females; if only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.)

Surah 4 An Nisaa Verse 11

Tafsir Ibn Kathir

Learning the Various Shares of the Inheritance is Encouraged.

This, the following, and the last honorable Ayah in this Surah contain the knowledge of Al-Fara’id, inheritance. The knowledge of Al-Fara’id is derived from these three Ayat and from the Hadiths on this subject which explain them. Learning this knowledge is encouraged, especially the specific things mentioned in the Ayat. Ibn `Uyaynah said; “Knowledge of Al-Fara’id was called half of knowledge, because it effects all people.”

The Reason Behind Revealing Ayah 4:11.

Explaining this Ayah, Al-Bukhari recorded that Jabir bin `Abdullah said, “Allah’s Messenger came visiting me on foot with Abu Bakr at Banu Salamah’s (dwellings), and the Prophet found me unconscious. He asked for some water, performed ablution with it, then poured it on me, and I regained consciousness. I said, `What do you command me to do with my money, O Allah’s Messenger’ this Ayah was later revealed,

(Allah commands you for your children’s (inheritance); to the male, a portion equal to that of two females).” This is how it was recorded by Muslim and An-Nasa’i. The remainder of the Six compilers also collected this Hadith. Another Hadith from Jabir concerning the reason behind revealing Ayah 4:11 Ahmad recorded from Jabir that he said, “The wife of Sa`d bin Ar-Rabi` came to Allah’s Messenger and said to him, `O Allah’s Messenger! These are the two daughters of Sa`d bin Ar-Rabi`, who was killed as a martyr at Uhud. Their uncle took their money and did not leave anything for them. They will not be married unless they have money.’ The Messenger said, `Allah will decide on this matter.’ The Ayah about the inheritance was later revealed and the Messenger of Allah sent word to their uncle commanding him,

(Give two-thirds (of Sa`d’s money) to Sa`d’s two daughters and one eighth for their mother, and whatever is left is yours.)” Abu Dawud, At-Tirmidhi, and Ibn Majah collected this Hadith. It is apparent, however, that the first Hadith from Jabir was about the case of the last Ayah in the Surah (4:176, rather than 4:11), for at the time this incident occurred, Jabir had sisters and did not have daughters, parents or offspring to inherit from him. Yet, we mentioned the Hadith here just as Al-Bukhari did.

Males Get Two Times the Share of Females for Inheritance.

Allah said,

(Allah commands you for your children’s (inheritance): to the male, a portion equal to that of two females;) Allah commands: observe justice with your children. The people of Jahiliyyah used to give the males, but not the females, a share in the inheritance. Therefore, Allah commands that both males and females take a share in the inheritance, although the portion of the males is twice as much as that of the females. There is a distinction because men need money to spend on their dependants, commercial transactions, work and fulfillling their obligations. Consequently, men get twice the portion of the inheritance that females get. Allah’s statement,

(Allah commands you for your children’s (inheritance): to the male, a portion equal to that of two females;) testifies to the fact that Allah is more merciful with children than their own parents are with them, since He commands the parents to be just and fair with their own children. An authentic Hadith stated that a captured woman was looking for her child and when she found him, she held him, gave him her breast and nursed him. The Messenger of Allah said to his Companions,

(Do you think that this woman would willingly throw her child in the fire) They said, “No, O Messenger of Allah.” He said,

(By Allah! Allah is more merciful with His servants than this woman is with her own child.) Al-Bukhari recorded that Ibn `Abbas said, “The custom (in old days) was that the property of the deceased would be inherited by his offspring; as for the parents (of the deceased), they would inherit by the will of the deceased. Then Allah cancelled whatever He willed from that custom and ordained that the male get twice the amount inherited by the female, and for each parent a sixth (of the whole legacy), for the wife an eighth or a fourth, and for the husband a half or a fourth.”

The Share of the Females When They Are the Only Eligible Heirs.

Allah said,

(if only daughters, two or more, their share is two-thirds of the inheritance;) We should mention here that some people said the Ayah only means two daughters, and that `more’ is redundant, which is not true. Nothing in the Qur’an is useless or redundant. Had the Ayah been talking about only two women, it would have said, “The share of both of them is two-thirds.” As for the daughters, two or more, the ruling that they get two-thirds was derived from this Ayah, stating that the two sisters get two-thirds. We also mentioned the Hadith in which the Prophet commanded that two-thirds be the share of the two daughters of Sa`d bin Ar-Rabi`. So this is proven in the Book and the Sunnah.

(if only one, her share is half.) If there are two daughters, then there are texts to prove they share a half. Therefore, two-thirds is the share of the two daughters or sisters, and Allah knows best.

Share of the Parents in the Inheritance.

Allah said,

(For parents, a sixth share of inheritance to each) There are several forms of the share that the parents get in the inheritance. 1. If the deceased left behind children, the parents get a sixth each. When the deceased had only one daughter, she gets half of the inheritance and the parents each one sixth, and another sixth is given to the father. 2. When the parents are the only inheritors, the mother gets one-third while the father gets the remaining two-thirds. In this case, the father’s share will be twice the mother’s share. If the deceased had a surviving spouse, the spouse gets half, in the case of a husband, or a fourth in the case of a surviving wife. In both cases, the mother of the deceased gets one-third of the remaining inheritance. This is because the remaining portion of the inheritance is treated just as the entire legacy in regard to the parents’ share. Allah has given the mother one-half of what the father gets. Therefore, the mother gets a third of the remaining inheritance while the father gets two-thirds. 3. If the deceased left behind surviving brothers and sisters, whether half brothers, half sisters or from the same father and mother, their presence does not cause reduction in the father’s share. Yet, their presence reduces the share of the mother to one-sixth instead of one-third, and the father gets the rest, when there are no other heirs. Ibn Abi Hatim recorded that Qatadah commented on the Ayah,

(If the deceased left brothers or (sisters), the mother has a sixth.) “Their presence will reduce the share of the mother, but they will not inherit. If there is only one surviving brother, the mother’s share will remain one-third, but her share will be reduced if there is more than one surviving brother. The people of knowledge attribute this reduction in the mother’s share from one-third (to one-sixth) to the fact that the father is the one who helps the brothers (and sisters) of the deceased get married, spending from his own money for this purpose. The mother does not spend from her money for this purpose.” This is a sound opinion.

First the Debts are Paid Off, then the Will, then the Fixed Inheritance.

Allah said,

((The distribution in all cases is) after the payment of legacies he may have bequeathed or debts.) The scholars of the Salaf and the Khalaf agree that paying debts comes before fulfilling the will, and this is apparent to those who read the Ayah carefully. Allah said next,

(You know not which of them, whether your parents or your children, are nearest to you in benefit.) This Ayah means: We have appointed a share to the parents and children, contrary to the practice of Jahiliyyah and the early Islamic era, when the inheritance would go to the children, and parents get a share only if they were named in the will, as Ibn `Abbas stated. Allah abrogated this practice and appointed a fixed share for the children and for the parents. One may derive benefit in this life or for the Hereafter from his parents, the likes of which he could not get from his children. The opposite of this could also be true. Allah said,

(You know not which of them, whether your parents or your children, are nearest to you in benefit,): since benefit could come from one or the other of these relatives, We appointed a fixed share of inheritance for each. Allah knows best. Allah said,

(ordained by Allah), meaning: These appointed shares of inheritance that We mentioned and which give some inheritors a bigger share than others, is a commandment from Allah that He has decided and ordained,

(And Allah is Ever All-Knower, All-Wise.), Who places everything in its rightful place and gives each his rightful share.

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