لِلرِّجَالِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ ۚ نَصِيبًا مَفْرُوضًا
For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share.
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(Unto the men (of a family) belongeth a share of that which parents and near kindred leave…) [4:7]. Thecommentators of the Qur’an said: “Aws ibn Thabit al-Ansari died and was survived by a wife whose namewas Umm Kujjah and three daughters he had from her. Two men, who were the cousins and executors ofThabit, whose names were Suwayd and ‘Arfajah, took all his wealth and failed to give anything to his wife ordaughters. This is because in the pre-Islamic period women and children, even if they were male, did notinherit anything, for only older man did. They used to say: ‘Only those who fight riding horses and capturebooty are entitled to inherit’. Umm Kujjah went to the Messenger of Allah, Allah bless him and give himpeace, and said: ‘O Messenger of Allah! I am the widow of Aws ibn Malik and he has left me with daughterson whom I do not have anything to spend. Their father had left behind a considerable fortune which is nowwith Suwayd and ‘Arfajah who have failed to give me, or my daughters, anything when they are still undermy care. They do not feed me or even care about them’. The Messenger of Allah, Allah bless him and givehim peace, summoned them, and in their defence they said: ‘O Messenger of Allah! Her children cannot ridea horse, withstand any responsibility or harm an enemy!’ The Messenger of Allah, Allah bless him and givehim peace, said: ‘Leave for now, I shall wait for what Allah relates to me concerning their matter’, and theyleft. Then Allah, exalted is He, revealed this verse”.
لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ وَلِلنِّسَآءِ نَصِيبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيباً مَّفْرُوضاً - وَإِذَا حَضَرَ الْقِسْمَةَ أُوْلُواْ الْقُرْبَى وَالْيَتَـمَى وَالْمَسَـكِينُ فَارْزُقُوهُمْ مِّنْهُ وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفاً - وَلْيَخْشَ الَّذِينَ لَوْ تَرَكُواْ مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَـفاً خَافُواْ عَلَيْهِمْ فَلْيَتَّقُواّ اللَّهَ وَلْيَقُولُواْ قَوْلاً سَدِيداً - إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَلَ الْيَتَـمَى ظُلْماً إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَاراً وَسَيَصْلَوْنَ سَعِيراً
(7. There is a share for men and a share for women from what is left by parents and those nearest in relation, whether the property be small or large -- a legal share.)
(8. And when the relatives, and the orphans, and the poor are present at the time of division, give them from the property, and speak to them words of kindness and justice.)
(9. And let those (executors and guardians) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So, let them have Taqwa of Allah and speak truthfully.)
(10. Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!)
Sa`id bin Jubayr and Qatadah said, "The idolators used to give adult men a share of inheritance and deprive women and children of it. Allah revealed;
لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ
(There is a share for men from what is left by parents and those nearest in relation).'' Therefore, everyone is equal in Allah's decision to inherit, even though their shares vary according to the degree of their relationship to the deceased, whether being a relative, spouse, etc. Ibn Marduwyah reported that Jabir said, "Umm Kujjah came to the Messenger of Allah and said to him, `O Messenger of Allah! I have two daughters whose father died, and they do not own anything.' So Allah revealed;
لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ
(There is a share for men from what is left by parents and those nearest in relation.)'' We will mention this Hadith when explaining the two Ayat about inheritance. Allah knows best. Allah said,
وَإِذَا حَضَرَ الْقِسْمَةَ
(are present at the time of division,) those who do not have a share in the inheritance,
وَالْيَتَـمَى وَالْمَسَـكِينُ
(and the orphans and the poor), are also present upon dividing the inheritance, give them a share of the inheritance. Al-Bukhari recorded that Ibn `Abbas said that the Ayah,
وَإِذَا حَضَرَ الْقِسْمَةَ أُوْلُواْ الْقُرْبَى وَالْيَتَـمَى وَالْمَسَـكِينُ
(And when the relatives and the orphans and the poor are present at the time of division), was not abrogated. Ibn Jarir recorded that Ibn `Abbas said that this Ayah still applies and should be implemented. Ath-Thawri said that Ibn Abi Najih narrated from Mujahid that implementing this Ayah, "Is required from those who have anything to inherit, paid from whatever portions their hearts are satisfied with giving away.'' Similar explanation was reported from Ibn Mas`ud, Abu Musa, `Abdur-Rahman bin Abi Bakr, Abu Al-`Aliyah, Ash-Sha`bi and Al-Hasan. Ibn Sirin, Sa`id bin Jubayr, Makhul, Ibrahim An-Nakha`i, `Ata' bin Abi Rabah, Az-Zuhri and Yahya bin Ya`mar said this payment is obligatory. Others say that this refers to the bequeathal at the time of death. And others say that it was abrogated. Al-`Awfi reported that Ibn `Abbas said that this Ayah,
وَإِذَا حَضَرَ الْقِسْمَةَ
(And when are present at the time of division), refers to divisions of inheritance. So, when poor relatives, who are ineligible for inheritance, orphans, and the poor attend the division of the inheritance, which is sometimes substantial, their hearts will feel eager to have a share, seeing each eligible person assuming his share; while they are desperate, yet are not given anything. Allah the Most Kind, Most Compassionate, commands that they should have a share in the inheritance as an act of kindness, charity, compassion and mercy for them.
Allah said,
وَلْيَخْشَ الَّذِينَ لَوْ تَرَكُواْ مِنْ خَلْفِهِمْ
(And let those have the same fear in their minds as they would have for their own, if they had left behind...) `Ali bin Abi Talhah reported that Ibn `Abbas said that this part of the Ayah, "Refers to a man who is near death and he dictates a will and testament that harms some of the rightful inheritors. Allah commands whoever hears such will to fear Allah, and direct the dying man to do what is right and to be fair, being as eager to protect the inheritors of the dying man as he would be with his own.'' Similar was reported from Mujahid and several others. The Two Sahihs record that when the Messenger of Allah visited Sa`d bin Abi Waqqas during an illness he suffered from, Sa`d said to the Messenger, "O Messenger of Allah! I am wealthy and have no inheritors except a daughter. Should I give two-thirds of my property in charity'' He said, "No.'' Sa`d asked, "Half'' He said, "No.'' Sa`d said, "One-third'' The Prophet said;
«الثُّلُثُ، وَالثُّلُثُ كَثِير»
(One-third, and even one-third is too much.) The Messenger of Allah then said,
«إِنَّكَ أَنْ تَذَرَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَذَرَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاس»
(You'd better leave your inheritors wealthy rather than leaving them poor, begging from others.)
It was also said that the Ayah
وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ
(consume it not wastefully and hastily, fearing that they should grow up,) means, let them have Taqwa of Allah when taking care of the orphan's wealth, as Ibn Jarir recorded from Al-`Awfi who reported this explanation from Ibn `Abbas. This is a sound opinion that is supported by the warning that follows against consuming the orphan's wealth unjustly. In this case, the meaning becomes: Just as you would want your offspring to be treated fairly after you, then treat other people's offspring fairly when you are given the responsibility of caring for them. Allah proclaims that those who unjustly consume the wealth of orphans, will be eating fire into their stomach, this is why Allah said,
إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَلَ الْيَتَـمَى ظُلْماً إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَاراً وَسَيَصْلَوْنَ سَعِيراً
(Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!) meaning, when you consume the orphan's wealth without a right, then you are only consuming fire, which will kindle in your stomach on the Day of Resurrection. It is recorded in the Two Sahihs that Abu Hurayrah said that the Messenger of Allah said,
«اجْتَنِبُوا السَّبْعَ الْمُوبِقَات»
(Avoid the seven great destructive sins. ) The people asked, "O Allah's Messenger! What are they'' He said,
«الشِّرْكُ بِاللهِ، وَالسِّحْرُ، وَقَتْلُ النَّفْسِ الَّتِي حَرَّمَ اللهُ إِلَّا بِالْحَقِّ، وَأَكْلُ الرِّبَا، وَأَكْلُ مَالِ الْيَتِيمِ، وَالتَّوَلِّي يَوْمَ الزَّحْفِ، وَقَذْفُ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ الْغَافِلَات»
(To join others in worship along with Allah, magic, to kill the life which Allah has forbidden except for a just cause, to consume interest, to consume an orphan's property, to turn your back to the enemy and flee from the battlefield at the time of fighting, and to accuse chaste women who never even think of anything harmful to their chastity being good believers.)
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