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Beauty of Jussive mood:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Verbal Noun: denotes action and state.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mandatory Division of Inheritance in case of Married Son who himself had not a surviving son.

 

We have previously learnt about the inalienable apportionment of Inheritance partially superseding the allocations that might have been made in the Will in respect of a deceased who survived singular son. The inalienable apportionment, in case of Father and Mother who were either not blessed with a Son, or a surviving son is not there الْوَارِثُ, is prescribed as under:

• Take note that should there not be a son surviving for him;

• And his Father and Mother have survived him;

• Thereby, the One Third is apportioned for his Mother.

2. Share of the Father of the deceased is not apportioned by Allah the Exalted though both Mother and Father are declared to have survived him since he did not have a son. It may be remembered that the Father and Mother of the deceased Man could be in a separated state-Matrimonial Bond broken, or even his Mother is now the wife of another Man other than his Father. The right of some such Mothers could be in jeopardy if it were left to the Will of deceased.

= [الفاء استئنافية] Prefixed conjunction  +  Particle of condition. This sentence beginning with Particle is the continuation of the discourse, but is [الجملة مستأنفة] independent of the preceding sentences. It is the Conditional Clause.

  : Negative/Jussive Particle

: Verb: Imperfect; third person; singular; masculine; Mood: Jussive

: Prepositional Phrase: لَ Inseparable Preposition + Personal Pronoun: Third person; masculine; singular, in genitive state. It relates to the fronted predicate of Deficient Verb.

: Noun: Indefinite; singular; masculine; nominative. This is the Subject of deficient Verb. It signifies a Son, Not Child since the word child signifies a young male or female. It matches in number and gender with the Verb.

: Recommencing/Conjunction particle.

: It is Verbal Sentence-Verb is Perfect, third person; masculine; singular. The Suffixed Pronoun is the Fronted Object of the Verb, and refers to the deceased Man.

: Possessive Phrase: Noun: Definite; dual [noon dropped]; nominative  + Possessive pronoun: Third person; singular; masculine; in genitive state, refers to the deceased Man. The Dual Noun denoting the Father and Mother is the delayed Subject of Verb.

: This is Apodosis Clause with Linkage-Apodosis Particle [الفاء] . It is an Inverted Nominal Sentence. : "The One Third" is the Delayed Subject of the Sentence. After the Apodosis Particle the Prepositional Phrase + Possessive Phrase relates to the Fronted Predicate of the Sentence. The Suffixed Pronoun refers to the Deceased Man.

3. An amendment is introduced, regarding the 1/3rd Mandatory Prioritized-Set aside Share of the Mother, if the brothers of the deceased also exist. In this circumstantial change, the share apportioned for the Mother diminishes to 1/6th of the Inheritance.

• However, if siblings-brothers and sisters of the deceased also existed, thereby, the One Sixth is the share apportioned for his Mother.

• This mandatory apportionment must be executed in times after bequest with which the person expecting death is presently bequeathing [for Mother and Father, Nearer Relatives-all who are ] OR meeting the debt/obligation of promissory business transaction, outstanding liability. [Ref 4:11]

4. Allah the Exalted has also inalienably apportioned a share for the surviving wife of the deceased:

• The one fourth is apportioned for them-wives out of that which you have left, in the situation a solitary son is not surviving for you.

5. This gives us, in respect of a Man who died without a surviving son, [4:11] the Shares Permanently Cut, Determined and apportioned out of the Whole Wealth by Allah the Exalted, inalienably in favour of surviving Mother and Wife which is the Binding Promulgation from Allah the Exalted [ 4:12]. This Promulgation partially annuls and supersedes whatever might be the Statement of Distribution bequeathed in the Will-of the Deceased Man [2:180]. The share of the Mother is inalienably apportioned as 1/3rd provided the deceased did not have surviving brothers and/or sisters. The share apportioned for surviving Wife is 1/4. It thus divides the whole Inheritance in twelve shares, out of which four shares are assigned to Mother and three for the Wife. For he remaining five shares of inheritance the Will shall stand and prevail. If siblings also survive along with the Mother of deceased, the Will is superseded only for five shares out of twelve parts. Two parts apportioned for Mother and three parts for the Wife. The Will for remaining seven parts of inheritance allocated by the deceased shall stand and prevail.

6. Now let us see the inalienably apportioned share allocated for the surviving Husband of Wife who is not survived by a son.

• And half of that inheritance, which your Wives have left, is apportioned for you-the husbands in the situation if solitary son is not surviving for them-deceased wives ["for them" was no son includes from previous husband, if any].

7.  In case the deceased is a Woman without a surviving son, the share apportioned by Allah the Exalted is only for husband 1/2. Allah the Exalted has not superseded the allocations made by the deceased Woman for the remaining half of inheritance. Her allocations in the Will will stand and prevail.

8. We have earlier noted a situation where death expecting Man or Woman are in the state of all their selves with surviving single son and Parent, either Father or Mother. In such situation, the Mandatory Share set aside by Allah the Exalted is 1/6th each for a brother or sister of the deceased Man or Woman. However, if they are more in number, the collective share shall be only 1/3rd for brothers and sisters, superseding that which the deceased might have allocated in the statement of distribution in his/her Will. The allocations in the Will for the remaining part of inheritance shall stand.

9. The aforesaid instructions and Mandatory Allocation of parts of inheritance amongst various beneficiaries by Allah the Exalted cover the situations that might be the ground realities at the time of death of a Man or a Woman. However, one situation is left whereby one will have to resort to other deductive method to infer the apportioned share. People, without waiting for further instructions to be revealed, requested the Elevated Messenger of Allah the Exalted to give them the confirmation-strengthened verdict at his own about that situation. That situation is regards a person in the state of being all himself without a spouse, a singular parent with a singular surviving parent-either Mother or Father and without a surviving son.

• They seek that you the Messenger [Sal'lallaa'hoalaih'wa'salam] give them the confirmation-strengthened verdict at your own.

• You tell them; "[Not me] Allah the Exalted gives you the verdict in the situation regards a person being all himself-without spouse, survived by a singular Parent-Mother or Father.

• In case he is such a person who died in condition that a son was not in his progeny; but a sister survives for him, thereat, half of that which he has left is apportioned for her.

• And he becomes an Heir if he survives her [Woman ] if a son was not her progeny.

• However, if there were two surviving Sisters, thereat, two third of that which he the deceased has left is apportioned for them.

• Take note that in case there were siblings, men and women, in such situation the two third allocation shall be subdivided on the principle of Resembling the share of  the two feminine is assigned for the male.

• Allah the Exalted is succinctly and explicitly explaining for you so that you people might not be distractively wandering.

•  Be mindful that Allah the Exalted is eternally the Knower of each and all that exists. [4:176]

10. Allah the Exalted has superseded the Will to the extent of maximum two third of Inheritance by inalienably apportioning it in favour of brothers and sisters of the deceased. The allocations in the Will for remaining 1/3rd shall stand and prevail, whatever they might be.

11. Grand Qur'aan has no parallel and is par excellence in succinctness. The probable situations obtaining in the case of death of a wealthy Man or Woman are quite many. It is almost an impossible proposition for human beings to determine with absolute justice the rightful shares in all the possible situations. It will need volumes of laws and regulations spreading over hundreds of pages, yet leaving areas for injustice.

12. Allah the Exalted has specifically covered those situations which are pregnant for abuse of man-dominance and injustice. In such situations, Allah the Exalted has exercised the Authority and Will to Cut and Demarcate certain Parts of the Inheritance, and Permanently allocate to specific relatives in preference to others. This is signified by: "This ordinance regards permanent apportionment of inheritance is a time bound obligation imposed by Allah the Exalted". This is also described by these words:   "This Binding Ordinance of Inheritance is promulgated by Allah the Exalted for adhering it-ever sticking to it".

13. The Parts of the Inheritance apportioned by Allah the Exalted are un-alterable under all circumstances. The allocations made in the Will shall sustain binding legality for the remaining part of inheritance. However, a correction-modification can be made if unjustified inclination or evident injustice was made by the Testator.

14. Allah the Exalted has succinctly explained making all relevant situations and considerations clearly demarcated and distinguished. The purpose and objective of elaborately explaining the Inheritance issues is described at the end:   

• Allah the Exalted is succinctly and explicitly explaining for you so that you people might not be distractively wandering. [Refer 4:176]

15. We must ponder for a while about this information while reading voluminous conflicting literature on the subject of Inheritance, written and spread both by believers and non believers.

16. Laws and regulations to implement justice in all respects in the case of inheritance and other economic problems is quite a difficult proposition for majority of human beings. Therefore, Allah the Exalted encourages to create a situation wherein justice can be established in such matters by heightening the moral consciousness of man and showing of mercy and kindness to those undergoing tribulations. There can be hundreds of situations with conflicting considerations for allocating wealth of the deceased. Encompassing all those, a voluminous regulation book is needed. Allah the Exalted has given the solution for absolute justice. He the Exalted has first made it incumbent upon the wealthy man to dictate his Bequest allocating shares according to his own judgment and decision amongst his Father and Mother and nearer relatives, about whom he better understands regards eligibility and necessity. Thereafter, when the actual time happens for execution of the Will after the death of deceased, Allah the Exalted supersedes that Will partially maximum to the extent of two third of inheritance. Allah the Exalted apportions the inalienable shares in favour of certain relatives and allows to stay other allocations bequeathed by the deceased.

17. Allah the Exalted has simplified the otherwise delicate and perplexing issue for humans by relating it to the circumstantial characteristic of the person and the Will bequeathed by deceased. All cases and situations that be obtaining on ground are covered in just five sub classifications:

a) Father and Mother leaving progeny: . The beauty of sublime choice of this broken paucity plural noun is that it covers a Daughter, two daughters, grouped progeny of female and male, over and above two females, daughter and a son; two or more sons. Share apportioned in case of solitary daughter is 1/2, and in all other cases 2/3. Allocation in the Will for Father, Mother, spouse and others for the remaining 1/2 or 1/3rd shall stand and prevail. It leaves out just one case that singularly cannot be described by, and is out of ambit of feminine broken paucity plural noun: , and that is: solitary son.

b) Deceased is the Married Son of surviving Mother and Father, and Wife leaving: a solitary son.

c) Deceased is a married Woman having surviving Mother and Father, and Husband leaving: a solitary son.

d) Deceased is all by himself/herself-without surviving spouse with singular surviving Parent leaving: a solitary son.

e) Deceased is all by himself-without spouse with singular surviving Parent and without a son.

 

16. I have captioned this study "Daughter not Son is the central theme of Inheritance". Allah the Exalted draws our attention to the fact:

 

• The Fathers and the Sons of you people, You know not with certainty who of them are more nearer for you, nearer in context of beneficent [on Day of Judgment]. [Ref 4:11]

17. The discussions and voluminous dissertations written on the subject of Inheritance seldom take into consideration the following injunctions regarding those Wives whose husbands died while they were still in the state of Restraint for a defined period, because their husbands had pronounced: -Alienation-Suspension of Matrimonial Bond. Some of them might be pregnant in which case the Restraint period will expire on delivery of pregnancy. The Inheritance has a liability for them also to be dispensed by the Heir. 

• Those Husbands should take note who are being separated-detached-parted from the company of you people while they are leaving behind Wives [for taking part in the war-to kill or be killed for the cause of Allah the Exalted].

• Those husbands should bequeath a bequest in favour of their respective wives [in case of their slaughter/or missing in war] that they should be given sustenance adequate for one year without removing them out of the house.

• Thereby, for reason [husband’s slaughter in war, and on completing period of four months and ten days] if they themselves leave the house before one year, thereat, nothing contracting-objectionable is upon you people for that act-decision they have taken for their selves in accordance with the known norms of society.

• Beware of the fact that Allah the Exalted is the Dominant, the Wise, the Knower of otherwise invisible to others. [2:240] 

• Take note that some wealth, in accordance with the known norms of society, should also be apportioned for the Wives who are in the prescribed restraint period of alienation-suspended Matrimonial Bond before complete separation [in case the husband dies during this period].

• This is mandatory-incumbent upon people who are cautious, heedful and mindful in reverence and fear of Allah the Exalted.[2:241]

• This is how Allah the Exalted succinctly explains His Aa'ya'at-Verbal Unitary Passages of Qur'aan rendering each point-concept-situation distinctly isolated and crystal clear for you people [for comprehension as was promised to the Messenger Muhammad Sal'lallaa'hoalaih'wa'salam]

• The object of succinct and distinguishingly explaining is that you people might conveniently save in memory and objectively analyze for critical thinking. [2:242]

• Take note about those Wives of you people who have lost expectation of menstruation, should you felt double minded unsure about their state, thereby, the intervening period of their restraint is three months instead of three menstrual cycles [prescribed in 2:228] in between pronouncement of suspension of Matrimonial Bond and Culmination-Separation-Untying the Matrimonial Bond/Nikah.

• And so is the duration of three months for those Wives who have not yet menstruated immediately before pronouncement of suspension of Matrimonial Bond [otherwise it can much shorten the period of three menstrual cycles-one happening immediately after pronouncement of suspension of Matrimonial Bond-this also takes care of those Wives with removed uterus]

• Take further note that the duration, for those alienated wives by pronouncement of suspension of Matrimonial Bond by the husband who are pregnant, shall be till such time that they might deliver their Pregnancy.

• Remember that should someone exercise caution, heedfulness and remain mindful avoiding unrestrained conduct in reverence and fear of Allah the Exalted, He the Exalted will make for him an element of ease in his affair. [65:04]   

• Take note that the Mothers shall breast-feed their off-springs for two years, complete two years [24  months].

• This direction is in favour of that husband who decided that he might complete the breast-feed by his wife whom he had alienated from Matrimonial Bond *.

• Their sustenance, feed and clothing, in accordance with the known norms of society, is incumbent responsibility upon the respective Father.

• A person-husband shall however not be burdened except that which he can afford.

• A mother should not be subjected to suffer for [love, motherly affection] her born progeny. Nor the one who has become father be pressed because of his born progeny.

• The like of the Obligation imposed upon the respective Husband in respect of his alienated Wife becoming mother is incumbent upon the Heir in case of Husband's death before birth of progeny. [2:233]

18. Let us determine ourselves, and pray to Allah the Exalted that we might not be listed amongst these people:

• And you people eat away the inheritance, in the manner of devouring-absorbing others share. [89:19]

• And you people develop lust for the wealth, love intensified. [89:20]

 

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  Daughter not Son is the central theme of Inheritance.