وَلِكُلٍّ جَعَلْنَا مَوَالِيَ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ ۚ وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ فَآتُوهُمْ نَصِيبَهُمْ ۚ إِنَّ اللَّهَ كَانَ عَلَىٰ كُلِّ شَيْءٍ شَهِيدًا
And for all, We have made heirs to what is left by parents and relatives. And to those whom your oaths have bound [to you] - give them their share. Indeed Allah is ever, over all things, a Witness.
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(And unto each We have appointed heirs and near kindred …) [4:33]. Abu ‘Abd Allah Muhammad ibn ‘AbdAllah al-Farisi informed us> Muhammad ibn ‘Abd Allah ibn Hamawayh al-Harawi> ‘Ali ibn Muhammad al-Khuza‘i> Abu’l-Yaman al-Hakam ibn Nafi‘> Shu‘ayb ibn Abi Hamzah> al-Zuhri> Sa‘id ibn al-Musayyab whosaid: “The verse (And unto each We have appointed heirs) was revealed about those who used to adoptmen who were not their natural sons and then make them inherit from them. Allah, exalted is He, revealedabout them that something should be apportioned for them in the bequest while the division of estate Hespecifically allocated for the heirs who were immediate family relatives or close relatives. He denied a shareof the estate to those who were adopted and, instead, allowed them to have a portion of the bequest”.
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.)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,
وَلِكُلٍّ جَعَلْنَا مَوَالِىَ
(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,
مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ
(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,
وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ فَـَاتُوهُمْ نَصِيبَهُمْ
(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,
وَلِكُلٍّ جَعَلْنَا مَوَالِىَ
(And to everyone, We have appointed Mawali) "meaning, heirs;
وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ
(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,
وَلِكُلٍّ جَعَلْنَا مَوَالِىَ
(And to everyone We have appointed Mawali) was revealed, it cancelled (the pledge of brotherhood regarding inheritance).'' Then he said, "The verse,
وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ فَـَاتُوهُمْ نَصِيبَهُمْ
(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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'Ashabah adalah orang yang mewarisi sisa harta setelah pemilik bagian (ashabul furudh) mengambil bagiannya atau yang mewarisi semua harta jika tidak ada as-habul furudh dan tidak mendapatkan apa-apa jika as-habul furuudh mewarisi sampai menghabiskan harta.
Untuk saling membela dan mewarisi harta.
Yakni 1/6. namun waris-mewarisi dengan jalan sumpah setia sudah mansukh dengan ayat "wa ulul arhaami ba'dhuhum awlaa biba'dhinâ¦dst" (lihat akhir ayat surat Al Anfal).
