Inheritance according to injunctions in Grand Qur’ān
Introduction
1.1. Inheritance is the practice of passing on the property, debts and obligations upon the death of an individual. In Arabic, the concept is embedded in Root: و ر ث. The moveable and immovable assets have become fascinatingly attractive for sensual excitements and gratifications for the majority of people. This being the ground reality, mere laws and regulations to implement justice in all respects in the case of inheritance is quite a difficult proposition for majority of human beings. Therefore, Allah the Exalted encourages creating 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. The probable situations obtaining in the case of death of a wealthy Man or Woman are quite many. It will need volumes of laws and regulations yet leaving areas for injustice. The rules and guidelines given for sharing the inheritance are aimed at avoiding heartburning, bickering and ill feelings amongst the members of bereaved family.
1.2. The law of inheritance prescribed for Mankind and made obligatory upon the Believers is based upon the Testate succession and the Mandatory allocations. It is made incumbent upon the believers to make a bequeath in favour of their parents and relatively near relatives. A detailed procedure is laid down for bequeathing and for its verification after the death of concerned person. It can be modified in case there is patent tilt or injustice in the bequeath.
1.3. Allah the Exalted has specifically covered such situations which are pregnant for abuse of man-dominance and injustice. In such situations, Allah the Exalted has exercised the Authority and Will to demarcate certain parts of the Inheritance, and permanently allocating it to specific relatives in preference to others. The old simple method of dividing into equal shares is adopted like equal parts into which a company's capital is divided these days. The unique feature of law of inheritance promulgated in Grand Qur’ān is that Mankind's ever cherished notion of absolute preference to male offspring is inverted by declaring daughter/s, not son/s, the focus and theme of Inheritance.
1.4. Allah the Exalted has allocated inalienable shares for the bereaved relatives in the most simple method by categorizing the deceased in three mutually exclusive types:
(i) Parents (Biological father and mother) leaving behind one daughter, or two daughters and son, or many daughters, daughter and son/sons, or more than one son. Parents leaving behind only one son are not in this category.
(ii) Deceased leaving behind alive parents, both mother and father; one son and spouse (wife/wives or husband). Or deceased leaving behind only parents (father and mother) and spouse, but without one son to grieve.
(iii) Deceased (man or woman) leaving behind only single alive parent or no parent, and no spouse, but leaving one son to grieve him. Or deceased leaving behind only single alive parent or no parent, no spouse, no son but leaving behind to grieve him one sister, or two sisters, or sister/s and brothers.
1.5. All the three deceased are distinct and exclude one and another. We will not find any other type of deceased in the world.
1.6. The Mandatory allocations, notwithstanding the
allocations in the bequeath, become enforceable, in all the above three
cases by mentioning separately:
مِنۢ بَعْدِ وَصِيَّةٛ يُوصِى بِـهَآ أَوْ
دَيْنٍۗٛ
1.7. Next time when the deceased are
women the same provision with different verb is repeated:
مِنۢ بَعْدِ وَصِيَّةٛ يُوصِيـنَ بِـهَآ أَوْ دَيْنٛ
1.8. Afterwards, allocating shares in all such situation it is declared by Cognate adverb: وَصِيَّةٙ مِّنَ ٱللَّهِ that this Binding Ordinance of Apportionment of Inheritance is promulgated by Allah the Exalted for adhering it - ever sticking to it.
1.9. Hereafter we will study all the Ayahs on the subject of inheritance. We know the meanings embedded in the sentence are much greater than the sum-total of meanings of individual words and phrases. It is so because grammar, syntax and tone add meanings over and above the meanings of individual words. Therefore, we will analyze them to reach the intent of the discourse on inheritance.
2. Definition of inheritance; Arabic Root for semantic domain of inheritance and Roots that collocate
2.1. Inheritance is the practice of passing on the property, movable and immovable assets, debts and obligations upon the death of an individual. The concept of inheritance is embedded in Root: و ر ث. Ibn Faris [died 1005] stated:
(مقاييس اللغة) الْوَاوُ وَالرَّاءُ وَالثَّاءُ: كَلِمَةٌ وَاحِدَةٌ، هِيَ الْوِرْثُ. وَالْمِيرَاثُ أَصْلُهُ الْوَاوُ. وَهُوَ أَنْ يَكُونَ الشَّيْءُ لِقَوْمٍ ثُمَّ يَصِيرَ إِلَى آخَرِينَ بِنَسَبٍ أَوْ سَبَبٍ That it refers to the thing owned by persons which thereafter is turned towards later generation by lineage/kinship and/or for some other reason. |
2.2. It thus denotes inheritance, transfer of sustenance to heirs called: ٱلْوَٟرِثُونَ they who inherit (money, property, heritage) as an heir at the death of previous holder. They can be only those who are for the deceased: مَوَٟلِـىَ plural noun (three or more) meaning kinsfolk, or beneficiaries for some other reason, like under patronage person (in common parlance adopted son). It stems from Root: و ل ى . According to Ibn Faris [died 1005] its primarily signification is:
مقاييس اللغة الواو واللام والياء: أصلٌ صحيح يدلُّ على قرب. That it leads to the perception of nearness; adjacent. |
2.3. The fact that only: مَوَٟلِـىَ will be legal or collateral/secondary heirs: ٱلْوَٟرِثُونَ of the deceased is explicitly prescribed:
وَلِـكُـلّٛ جَعَلْنَا مَوَٟلِـىَ مِمَّا تَرَكَ ٱلْوَٟلِدَانِ
وَٱلۡأَقْرَبُونَ
Know
the basic principle of inheritance:
Our
Majesty have
declared kinsfolk,
siblings and under-patronage
persons; in order of relative nearness,
as heirs
for every deceased.
They will share heritage which the Parents (Mother and Father)
and the Nearer-Relatives have left behind.
And as for
those
whom your right hand had pledged responsibility,
thereat, you people (who are
leaving heritage) give them their fortune in
the inheritance.
It is a certain fact that
Allah the Exalted is Ever Observer over everything and affairs. [4:33]
2.4. The first sentence is declarative, a promulgation. Allah the Exalted has made it public that: مَوَٟلِـىَ plural: three or more are appointed as heirs for all the deceased parents and the Nearer relatives who will have share in the heritage
2.5. The focus word is Verbal sentence: جَعَلْنَا. It comprises of doubly transitive Verb: Perfect: First Person; Plural/Sovereign Singular; Masculine; [نَا] Suffixed Subject Personal pronoun, in nominative state; مصدر جَعْلٌ Verbal Noun. It stems from Root: ج ع ل which signifies rendering an already existing thing to assign it a different characteristic or state; or inserting something into an object. The second object of the verb is elided as it is otherwise explicit from collocates and the topic of sentence. The: مَوَٟلِـىَ are declared as: ٱلْوَٟرِثِيـنَ the heirs.
2.6. Prepositional Phrase: لِـكُـلّٛ: relates to the following Verb. It is always used in construct-possessive phrase. When used elliptically-extremely concise in writing, it always has the [تنوين التعويض] "nunation of compensation" as is the case here. The discourse and the sentence is about allocation of Inheritance, thereby, it manifests that [تنوين التعويض] "nunation of compensation" is for each one of the deceased. The object of verb: مَوَٟلِـىَ suffices for indicating that it relates to all the deceased and includes the martyrs. كُـلّ: It means each, every denoting no exception. This promulgation in itself is Prohibitory that the inheritance be given wholly to two persons. The inheritors must be three or above.
2.7. Allah the Exalted has not neglected a single person who could suffer injustice, deliberately or inadvertently at the hands of dominants and has thereby given specific directions for them. People can overlook in their bequeath about the persons whom they had voluntarily adopted-taken as their responsibility. For such people a separate clause is inducted in the above promulgation to allocate for them their due share: وَٱلَّذِينَ عَقَدَتْ أَيْمَٟنُكُـمْ فَـَٔاتُوهُـمْ نَصِيبَـهُـم Take note: about those whom your right hand had pledged responsibility, therefore, you people grant them their fortune in the inheritance. [Refer above 4:33]
2.8. Who are they and weather they can be included in the:
مَوَٟلِيكُـمْ
ٱدْعُوهُـمْ لِءَابَآئِـهِـمْ هُوَ أَقْسَطُ عِندَ ٱللَّهِ |
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فَإِن لَّمْ تَعْلَمُوٓا۟ ءَابَآءَهُـمْ فَإِخوَٟنُكُـمْ فِـى ٱلدِّينِ
وَمَوَٟلِيكُـمْ |
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وَلَيْسَ عَلَيْكُـمْ جُنَاحٚ فِيـمَآ أَخْطَأْتُـم بِهِۦ وَلَـٰكِن
مَّا تَعَمَّدَتْ قُلُوبُكُـمْ |
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وَكَانَ ٱللَّهُ غَفُورٙا رَّحِـيـمٙا٥ |
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2.9. The: مَوَٟلِـىَ kinsfolk are the: ٱلْوَٟرِثِيـنَ inheritors and a solitary son is included in them:
وَإِنِّـى خِفْتُ ٱلْمَوَٟلِـىَ مِن وَرَآءِى
وَكَانَتِ ٱمْرَأَتِـى عَاقِرٙافَهَبْ لِـى مِن لَّدُنْكَ وَلِيّٙا ٥
يَرِثُنِى وَيَرِثُ مِنْ ءَالِ يَعْقُوبَ
And I have felt apprehensive of kinsfolk in situation after me —And [though] my wife has been infertile —Therefore, You do give me from Your grace an associate (son) — [19:05]
He will inherit me and he will inherit from the family of Ya'qoob [alahissalam] —And do render him; my Sustainer Lord, a pleasing personality." [19:06]
2.10. It is thus rendered abundantly explicit that only the: مَوَٟلِـىَ kinsfolk are the: ٱلْوَٟرِثِيـنَ legal inheritors. Whatever of economic value that passes on at the death of previous holder to the heirs is referred by: ٱلتُّـرَاثَ heritage, and by verbal noun: مِيـرَٟثُ heritage, escheat (ultimate proprietorship). The: مَوَٟلِـىَ kinsfolk are the: ٱلْوَٟرِثِيـنَ inheritors and both are two-way relational words.
2.11. The heritage is described by sentence: مِمَّا تَرَكَ ٱلْوَٟلِدَانِ وَٱلۡأَقْرَبُونَ out of that which the parents and the nearer-relatives have left. The object of verb is elided for succinctness and for being obviously understood: heritage. Related Root: ت ر ك signifies giving up, desertion, and abandonment of a thing. An agent leaves behind estate which becomes another's property. The fortunes accruing to various members of the bereaved family could fluctuate depending upon the number of offspring and blood relatives existing at the time of death of a person leaving heritage.
لِّلـرِّجَالِ نَصيِبٚ مِّمَّا تَرَكَ ٱلْوَٟلِدَانِ وَٱلۡأَقْرَبُونَ |
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وَلِلنِّسَآءِ نَصِيبٚ مِّمَّا تَرَكَ ٱلْوَٟلِدَانِ وَٱلۡأَقْرَبُونَ |
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مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ |
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2.12. The Verbal Sentence: قَلَّ is the Relative Clause for the preceding Relative Pronoun. The Verb is Perfect; Third person; Singular; Masculine; Intransitive; and Subject pronoun is hidden linking back to the Relative Pronoun. It is derived from مصدر-قِلَّة Verbal noun. It signifies that its Subject has become in diminutive proportion. After Appositive-coordinating conjunction for alternative option is the Verb: كَثُرَ denoting something having become in abundance or large proportion.
2.13. The wealth: moveable and immovable assets have become fascinatingly attractive for sensual excitements and gratifications for the majority of people:
زُيِّنَ لِلنَّاسِ حُبُّ ٱلشَّهَوَٟتِ مِنَ ٱلنِّسَآءِ |
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وَٱلْبَنِيـنَ وَٱلْقَنَٟطِيـرِ ٱلْمُقَنطَرَةِ مِنَ ٱلذَّهَبِ وَٱلْفِضَّةِ |
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وَٱلْخَيْلِ ٱلْمُسَوَّمَةِ وَٱلۡأَنْعَٟمِ وَٱلْحَرْث
ذَٟلِكَ مَتَٟعُ ٱلْحَـيَوٰةِ ٱلدُّنْيَا |
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وَٱللَّهُ عِندَهُۥ حُسْنُ ٱلْمَـَٔابِ ١٤ |
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2.14. This being the ground reality, mere 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 creating 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.
3. Testate succession
3.1. The rules and guidelines given for sharing the inheritance are aimed at avoiding heartburning, bickering and ill feelings amongst the members of bereaved family. The first decree is:
كُتِبَ عَلَيْكُـمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ إِن تَرَكَ خَيْـرٙا
ٱلْوَصِيَّةُ لِلْوَٟلِدَيْنِ وَٱلۡأ ََقْرَبِيـنَ بِٱلْمَعْـرُوفِ
The Oral Bequest in favour of the Mother and Father and the relatively Near-Relatives in accordance with the prevalent well known norms has been prescribed-decreed upon you people. This Oral Bequest is to be bequeathed at the point in time when natural death has approached someone of you if he is leaving behind worldly wealth —The Oral Bequest is mandatory-incumbent upon those who sincerely endeavour to attain salvation. [2:180]
3.2. The definite verbal noun: ٱلْوَصِيَّةُ is the proxy subject of Passive perfect verb: كُتِبَ meaning something ordained, decreed. This noun stems from Root:
و ص ى. It leads to the perception of connecting, joining a thing with another; and commanding, enjoining. It denotes bequeath.3.3. The striking point to observe is that: ٱلْوَصِيَّةُ" The Bequest" is prescribed in relation to point in time. Its time is when a person expects that the death is close by. The time of announcing a Will is not when one is hale and hearty. It should be noted that: ٱلْوَصِيَّةُ "The Bequest" by the testator is NOT for the offspring and spouse but is to be bequeathed only for the Parents and the near-relatives. The object of Preposition in the phrase: لِلْوَٟلِدَيْنِ is restrictive, denoting only biological father and mother. It does not include honorific fathers like grand father, uncle.
3.4. Since the bequeath is the integral part of the law of inheritance it is emphasized: حَقّٙا عَلَـى ٱلْمُتَّقِيـنَ where: حَقّٙا is cognate adverb (مفعول مطلق)) meaning that it is prescribed as an obligation, mandatory, incumbent upon those who sincerely endeavour to attain salvation by remaining within the bounds prescribed.
3.5.
The bequest (ٱلْوَصِيَّةُ) can be modified only in case of patent/evident injustice by a testator:
فَمَنۢ بَدَّلَهُۥ بَعْدَ مَا سَـمِعَهُۥ فَإِنَّمَا إِثْمُهُۥ عَلَـى
ٱلَّذِينَ يُبَدِّلُونَهُۥٓ |
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فَمَنْ خَافَ مِن مُّوصٛ جَنَفٙا أَوْ إِثْمٙا فَأَصْلَحَ بَيْـنَـهُـمْ
فَلَآ إِثْـمَ عَلَيْهِ |
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3.6. The Bequest (ٱلْوَصِيَّةُ) by the Near dying Person leaving behind worldly wealth is the original and integral part of distribution of Inheritance. Therefore, detailed procedure is laid down for it and its verification:
يَٟٓأَيُّـهَا ٱلَّذِينَ ءَامَنُوا۟ |
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شَهَٟدَةُ بَيْنِكُـمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ حِيـنَ ٱلْوَصِيَّةِ ٱثْنَانِ ذَوَا عَدْلٛ مِّنكُـمْ |
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أَوْ ءَاخَرَانِ مِنْ غَيْـرِكُمْ إِنْ أَنتُـمْ ضَرَبْتُـمْ فِـى
ٱلۡأَرْضِ فَأَصَٟبَتْكُـم مُّصِيبَةُ ٱلْمَوْتِ |
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تَحْبِسُونَـهُمَا مِنۢ بَعْدِ ٱلصَّلَوٰةِ فَيُقْسِمَانِ بِٱللَّهِ إِنِ ٱرْتَبْتُـمْ |
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لَا نَشْتَـرِى بِهِۦ ثَمَنٙا وَلَوْ كَانَ ذَا قُرْبَـىٰ |
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فَإِنْ عُثِرَ عَلَـىٰٓ أَنَّـهُمَا ٱسْتَحَقَّآ إِثْـمٙا |
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فَـَٔاخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ ٱلَّذِينَ ٱسْتَحَقَّ عَلَيْـهِـمُ ٱلۡأَوْلَيَٟنِ |
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فَيُقْسِمَانِ بِٱللَّهِ لَشَهَٟدَتُنَآ أَحَقُّ مِن شَهَٟدَتِـهِمَا وَمَا ٱعْتَدَيْنَآ إِنَّـآ إِذٙا لَّمِنَ ٱلظَّـٟلِمِيـنَ١٠٧ |
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ذَٟلِكَ أَدْنَـىٰٓ أَن يَأْتُوا۟ بِٱلشَّهَٟدَةِ عَلَـىٰ وَجْهِهَآ
أَوْ يَخَافُوٓا۟ أَن تُرَدَّ أَيْمَٟنُ |
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وَٱتَّقُوا ٱللَّهَ
وَٱسْـمَعُوا۟ |
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3.7. The Bequest (ٱلْوَصِيَّةُ) by the death expecting Person; leaving behind worldly wealth, subsequent to his death, is partially modified and superseded by Allah the Exalted by apportioning certain part of his wealth; inalienably assigning it to certain Survivors. As for the remaining part of wealth, the Will can also be modified to make corrections for visible tilt and injustice by the Testator. In case he died a sudden death without leaving the Will, it is for surviving kin of just repute to administer justice regarding the part of wealth other than inalienably apportioned by Allah the Exalted:
فَرِيضَةٙ مِّنَ ٱللَّهِ |
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وَصِيَّةٙ مِّنَ ٱللَّهِ |
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3.8. The bereaved offspring will become the Father-Orphans who might be youngsters at the time of death of their Father, whereby, their inheritance will be looked after their guardian and transferred on gaining strengthen maturity:
وَ ءَاتُوا۟ ٱلْيَتَٟمَىٰٓ أَمْوَٟلَـهُـمْ |
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وَلَا تَأْكُلُوٓا۟ أَمْوَٟلَـهُـمْ إِلَـىٰٓ أَمْوَٟلِـكُـمْ |
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وَٱبْتَلُوا۟ ٱلْيَتَـٟمَىٰ حَتَّـىٰٓ إِذَا بَلَغُوا۟ النِّكَاحَ |
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فَإِنْ ءَانَسْتُـم مِّنْـهُـمْ رُشْدٙا فَٱدْفَعُوٓا۟ إِلَيْـهِـمْ
أَمْوَٟلَـهُـمْ |
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وَلَا تَأْكُلُوهَآ إِسْرَافٙا وَبِدَارًا أَن يَكْـبَـرُوا۟ |
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وَمَن كَانَ غَنِيّٙا فَلْيَسْتَعْفِفْ |
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فَإِذَا دَفَعْتُـمْ إِلَيْـهِـمْ أَمْوَٟلَـهُـمْ فَأَشْهِدُوا۟
عَلَيْـهِـمْ |
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وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيـمِ إِلَّا بِٱلَّتِـى هِىَ أَحْسَنُ
حَتَّىٰ يَبْلُغَ أَشُدَّهُۥ |
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وَأَوْفُوا۟ بِالْعَهْدِ |
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3.9. These instructions regarding foul play with the inherited property of others are with verbs in Jussive Mood by Prohibitive Particle. There are people who usurp the inheritance share of others:
وَتَأْكُلُونَ ٱلتُّـرَاثَ أَكْلٙا لَّمّٙا ١٩ |
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وَتُحِبُّونَ ٱلْمَالَ حُبّٙا جَـمّٙا٢٠ |
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3.10. People are warned and asked to remember a possibility:
وَلْيَخْشَ ٱلَّذِينَ لَوْ تَرَكُوا۟ مِنْ خَلْفِهِـمْ ذُرِّيَّةٙ ضِعَٟفًا خَافُوا۟ عَلَيْـهِـمْ |
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فَلْيَتَّقُوا۟ ٱللَّهَ وَلْيَقُولُوا۟ قَوْلٙا سَدِيدًا٩ |
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إِنَّ ٱلَّذِينَ يَأْكُلُونَ أَمْوَٟلَ ٱلْيَتَٟمَىٰ
ظُلْمًا
إِنَّمَا يَأْكُلُونَ فِـى بُطُونِـهِـمْ نَارٙا |
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وَسَيَصْلَوْنَ سَعِيـرٙا ١٠ |
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3.11. The manners for showing open heartedness to non-stake holders at the time of division of inheritance are also prescribed:
وَإِذَا حَضَرَ ٱلْقِسْمَةَ أُو۟لُوا۟ ٱلْقُـرْبَـىٰ وَٱلْيَتَـٟمَىٰ وَٱلْمَسَٟكِيـنُ فَٱرْزُقُوهُـم مِّنْهُ |
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وَقُولُوا۟ لَـهُـمْ قَوْلٙا مَّعْـرُوفٙا ٨ |
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3.12. Before we proceed to find the allocation of shares out of the wealth determined and inalienably apportioned by Allah the exalted, superseding the Bequest of the deceased made in favour of parents and near relatives, we might capture what is advised here-before in different Ayahs:
a) The Offspring of the deceased could be grown up women and men, or be children called father-Orphans. The grown up will get the share straight away while the share of young children will be kept apportioned for delivery on strengthen maturity.
b) The inherited wealth should not be the focus of attention, rather the appeasement of all relatives and other visitors should be the primary consideration. They need to be fed with pleasantries and respectfully dealt with.
c) Depending upon the offspring, parents and blood relatives surviving at the time of death of a person leaving assets, the fortunes for some may diminish, or might enhance in another situation.
d) Allah the Exalted made it incumbent upon the death expecting wealthy person to orally narrate the Bequest to two men of good repute in favour of Father and Mother, and the Near Relatives that includes orphaned grand-offspring and adopted, under-patronage persons. This Bequest does not confer any right upon the bequeathed wealth so long the Person is living. He might have wrongly judged about his death. After his death, the Bequest is superseded by Allah the Exalted to the extent of shares apportioned and inalienably assigned by Him the Exalted in favour of certain Relatives as we will read hereafter. As for the remaining part of wealth, the Bequest can also be modified by the kin of repute to make corrections for visible tilt and injustice by the Testator.
4. Inheritance from biological parents to biological children
4.1. Allah the Exalted has informed that a married man and thereby a married woman might be among the following categories with regard to offspring:
لِّلَّهِ
مُلْكُ ٱلسَّمَٟوَٟتِ وَٱلۡأَرْضِ |
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يَـهَبُ لِمَن يَشَآءُ إِنَٟثٙا وَيَـهَبُ لِمَن يَشَآءُ ٱلذُّكُورَ٤٩ |
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أَوْ يُزَوِّجُهُـمْ ذُكْرَانٙا وَإِنَٟثٙا |
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4.2. Thereby, a married man or a married woman at the time of his or her death shall be in any of these states mutually exclusive:
a). Leaving behind a daughter or daughters: who be girls and women depending upon the age of the parent died.
b) Leaving behind a son or sons only.
c) Leaving behind daughter and a son, or daughters and a son, or daughter/s and sons.
d) Leaving behind no offspring.
4.3. Grand Qur’ān is for entire humanity in time line; for men of ordinary prudence, as well for scholars and intelligentsia. Therefore, all its injunctions regarding conduct and relationships need necessarily be simple and understandable for majority, who understand simple mathematics but not advanced calculators and algebra etc. Therefore, we need not act like Diophantus, Hero of Alexandria, or al-Khwârizmî to understand the injunctions given in the Qur’ān about division and distribution of inheritance since it is mentioned succinctly and explicitly in simple terms. The old simple method of dividing the divisible/allocated wealth into equal shares is adopted which is in modern times as one of the equal parts into which a company's capital is divided. The legal stakeholders for whom Allah the Exalted has apportioned mandatory shares in inheritance are the following:
(a) Biological children of the deceased parents;
(b) Parents of the deceased son;
(c) Spouses of the deceased;
(3) Siblings; brothers and sisters of the deceased.
4.4. Other blood relatives like grand offspring and adopted or under patronage collateral child-person are not allocated any share by Allah the Exalted but it is left to the discretion of the person to bequeath for them in his wealth.
4.5. Inheritance from deceased parents to offspring: Allah the Exalted relates the discourse of Inheritance to the Offspring (children) of the parents.
يُوصِيكُـمُ ٱللَّهُ فِـىٓ أَوْلَٟدِكُمْ |
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Syntactic analysis
4.6. يُوصِيكُـمُ ٱللَّهُ: This Verbal Sentence is: الجملة مستأنفة a type of sentence that initiates a new speech, or that which is disconnected from sentences preceding it. Such sentences have no established place of I'rab: [لا مَحَلَّ لها من الإعراب]. This is the Topic sentence of the Paragraph spreading in Ayah 4:11-14 on the subject of Inheritance. The paragraph unity is maintained when every other sentence would give specific information than the topic sentence that maintains the same focus of attention as the topic sentence.
4.7. It is a complete verbal sentence; Verb-fronted Object-Subject. Verb is Imperfect; Third Person; Singular; Masculine; [Form-IV]; Mood: Indicative. Its source is مصدر-إِيْصَاءٌ Verbal noun and Root is " و ص ى". Form-IV verb is Causative: causing someone or something to perform the action of Form-I. It thus signifies: Allah the Exalted is enjoining upon you people; is binding-tying-exhorting you the parents. This object pronoun in context does not include people who are bachelor adults, or have only one son, or have died barren...
4.8. Prepositional Phrase coupled with Possessive Phrase: فِـىٓ أَوْلَٟدِكُمْ is an indivisible Unit of the sentence. Preposition is adverbial and relates to the preceding Verbal sentence. The subsequent information and the Preposition vividly expresses that the permanently binding instructions relate to distribution of the wealth of the deceased amongst the Offspring (biological children), comprising of female and male gender. In consideration of the second Pronoun of the Possessive Phrase being Definite the First Noun is also definite like- ٱلْأَوْلَٟدِ a broken plural feminine noun denoting the offspring, signifying daughters, or the grouped offspring comprising of daughters and sons.
Therefore, while reading subsequent clauses, this fact must not slip attention that focus of speech is the Offspring (plural noun): ٱلْأَوْلَٟدِ : It is broken paucity plural feminine noun [pattern أَفْعَالٌ] but grammatically it is used both feminine singular and plural. The superb choice of: أَوْلَٟدِكُمْ reflects to us the beauty of succinctness in the Qur’ān. Singular and Plural feminine hidden Pronouns in subsequent Verbs in the text could refer back to it, affording economy.
4.9. The feminine offspring is the favourite in the Inheritance discourse. The basic allocation is for the Females in case of grouped offspring comprising of daughter/daughters and son/sons.
لِلذَّكَرِ مِثْلُ حَظِّ ٱلۡأُنْثَيَيْـنِ |
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4.10. The Man-dominance notion engulfing the intellect quite often blurs the sight to even watch the words of the text. "Reading" signifies the process of identifying the characters and words, and their relationships to understand the meanings in written text. The object of reading is to reduce the spread text to a "focal-gathered spot" yielding "thought-perception" infolded therein. Arabic is the Mother of Languages and its words are mostly picturesque depicting that which needs to be defined in other languages. The word for reading a written text in Arabic are made from Root: ق ر ء which signifies gathering a thing at one point, thus changing the spread position of a thing into a collective unit. It is for this reason that we need first to understand Arabic to enable ourselves to "read" its text.
4.11. The above sentence is
an Inverted Nominal Sentence. The natural ordering in a nominal sentence
is for the topic to be first and the comment to be second. Subject is
the entity about which its predicate (خبر)
is enunciation or
announcement. But
the grammarians say that this structure may be inverted to
achieve rhetorical benefit; and that there are a few situations in which inverting the
structure is prohibited, and there are others in which inverting the structure
actually becomes mandatory. One such reason for mandatory inversion is when
the topic has a pronoun that refers to the comment (or part of it)
4.12. The delayed topic/subject (مبتدأ مؤخر) of sentence is: مِثْلُ which is otherwise an indefinite noun. As a rule, the subject is a definite noun. However it can be the subject if it is somewhat specific either by adjective or being possessive phrase as is the case here. Subject has two successive phrases: مِثْلُ حَظِّ ٱلۡأُنْثَيَيْـنِ rendering it somewhat specific; meaning "the equivalence of allocation of two females".
4.13. The noun: مِثْلُ means similar to, like that, comparable to, equal to, parallel to, analogous, equivalent to. Thus it falls in the semantic domain of comparative evaluation. This reveals why it was mandatory to invert the organization of sentence to theme. The profiled item as subject is grammatically more prominent one of the items that are compared.
4.14. The first construct noun/verbal noun: حَظِّ stems from Root: ح ظ ظ which signifies allocation, quota, allowance, fortune; and bestow upon, confer upon considerably; thereby it is said so and so gained fortune from so and so and he is happy, fortunate, lucky.
4.15. The possessive noun: ٱلۡأُنْثَيَيْـنِ is a gender noun meaning two females stemming from Root: ء ن ث which signifies feminine gender of an object; biological and grammatical gender are the same.
4.16. It is thus evident that the Subject of sentence is not the two females but it is the equivalence of allocation - their fortune. While translating it in target language it must be retained as Subject, failing which the tone of source text will be compromised.
4.17. The Predicate of the sentence is elided since it is explicit from the Prepositional Phrase: لِلذَّكَرِ . The predicate/خبر of a nominal sentence can be indicated through a prepositional phrase, resembling like a sentence called: [شبه الجملة] but it is not a sentence. The learned grammarians lay the principle that a prepositional phrase is neither the Subject nor the predicate of a nominal sentence. Therefore, a verb - verbal noun is estimated before this phrase.
4.18. Prefixed Preposition: لِ in this Phrase is for: الاختصاص i.e. specifying something exclusively laid, attributed to, right for, meant for its object Noun: the male. Thereby, the predicate means that the subject shall become the measure - analogous (مَثيلُ-مُمَاثِل نَظِيرُ) for the male.
4.19 مِثْلُ حَظِّ ٱلۡأُنْثَيَيْـنِ : The definite article prefixed to both the nouns: ٱلۡأُنْثَيَيْـنِ and لِلذَّكَرِ indicates the presence of two daughters and one son in the offspring of the deceased. Since it is dependent clause of the topic sentence, thereby, the group amongst whom the equation is prescribed is elided: فِـىٓ أَوْلَٟدِكُمْ "in your children".
4.20. The allocation-formula in such ground reality - cases of grouped offspring is given. The allocation for two females is declared the standard measure; the fortune-share in the wealth about to be allocated for offspring will be distributed amongst them in the ration equal the fortune of two females (two unit shares) will form the measure for the male (two unit shares). Thereby, what is allocated for the two females/daughters in the Estate will be divided in four equal parts if there are two daughters and one son; one each for a daughter and two for the son. Like wise, if there is one daughter and two sons, the allocation will be divided in five equal parts; and so on.
4.21. It is thus evident that the daughters and not the son is the focus around which the discourse of inheritance revolves. A rule or principle is laid down that the equivalent of allocation for the two females shall be the measure for the Male and also the respective fortune in the allocation in the ratio of one to two shares. Thereby, entire: ٱلْأَوْلَٟدِ Offspring are covered irrespective of their number and composition. But this sentence does not indicate the part of wealth allocated for two females. It is mentioned in the following dependent sentence conjunct with preceding sentence by particle "fa" which signifies sequence, cause and effect.
4.22. The dependent clause must be read with the rule-defining independent clause.
فَإِن كُنَّ نِسَآءٙ فَوْقَ ٱثْنَتَيْـنِ فَلَـهُنَّ ثُلُثَا مَا تَرَكَ |
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4.23. This sentence comprises of a conditional and apodosis clause. Let us first study its syntax:
4.24. The condition clause is conjunct to preceding clause with conjunction particle: "فَ " which is distinct from conjunction particle "وَ". Particle "فَ " illustrates a sequence, cause and effect relationship; a linkage with apodosis clause; and can link a subsequent clause with the preceding sentence to indicate a situation-reality-predication partly different to-instead of the earlier one. Particle "وَ" will not connect such linkage.
إِن: It is Particle of condition which renders the following verb in Jussive state; means "if, should"
كُنَّ : It is deficient Verb: Perfect; third person; plural; feminine; in Jussive state by condition particle; Suffixed Subject Pronoun, in nominative state is referent to antecedent broken plural feminine noun: أَوْلَٟدِكُمْ "the offspring of you people". This conditional clause means: "if they (offspring) were..."
نِسَآءٙ : Noun: Indefinite; plural; feminine; accusative, signifying three or more women. It is the predicate of deficient verb; "if they (your offspring) were women ---". It being purely indefinite noun. it needs specification by an adjectival.
فَوْقَ ٱثْنَتَيْـنِ : It is a Possessive Phrase. First noun, Adverb of place, is in accusative case and relates to elided adjectival specification of preceding indefinite plural noun-women. It is functioning as adverb phrase in the sentence. Adverbs of place tell us where something happens. They are usually placed after the main verb or after the clause that they modify. Adverbs of place do not modify adjectives or other adverbs.
Adverb of place: فَوْقَ is always in construct, and signifies something was or became above something.
ٱثْنَتَيْـنِ: It is cardinal number to count two females. The rule for cardinal number one and two is that it agrees with the noun counted [الْمَعْدُودُ] and follows the counted noun; and functions as adjective or for emphasis. It is referent to earlier mentioned two females present in the offspring.
Thus the predicate: نِسَآءٙ فَوْقَ ٱثْنَتَيْـنِ means that if instead of the aforementioned case of two females in combination with a male, the offspring of you people have become three or more women (daughters)-----the apodosis clause will
This apodosis clause in an inverted nominal sentence beginning with conjunction particle "فَ ",
فَلَهُنّ : This is a Prepositional Phrase; preposition denotes "for" indicating that something is directed at somebody, done to benefit somebody. The object pronoun is third person, plural, feminine, referent to subject pronoun in verb of condition: كُنَّand thus actually referent to "your offspring". This phrase relates to the elided predicate of the delayed subject; meaning "is/will remain allocated for them (your offspring)".
ثُلُثَا مَا: It is a Possessive Phrase. First noun is definite by construct with definite Relative Pronoun: مَا, in genitive case, dual in nominate case with its Noon dropped for construct. Originally it is: ثُلُثانِ, a fraction noun: nominator 2 of denominator 3 meaning two-thirds of some quantity. It is the subject of sentence.
تَرَكَ : This verbal sentence is the Linkage clause for preceding Relative Pronoun comprising of verb-hidden subject referent to deceased parent and object is elided being obviously understood: heritage. Thus the Subject part of the sentence means "the two-thirds of that (heritage) which he (the parent) has left". This is the simplest way of dividing the denominator-whole heritage into three equal parts; its two parts are allocated to offspring.
4.25. Therefore, despite the superb succinctness, it is clear that the allocation for females, weather, they are two or more, will be two-thirds of the heritage. A similar situation in respect of siblings is mentioned in Ayah 4:176 where the structuring of sentences is converse to that which are here in 4:11. A comparison will help perceive the meanings quite vividly:
لِلذَّكَرِ مِثْلُ حَظِّ ٱلۡأُنْثَيَيْـنِ |
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فَإِن كُنَّ نِسَآءٙ فَوْقَ ٱثْنَتَيْـنِ فَلَـهُنَّ ثُلُثَا مَا تَرَكَ |
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4.26. This sharing formula between female and male inheritors is repeated in another situation:
فَإِن كَانَتَا ٱثْنَتَيْـنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ |
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وَإِن كَانُوٓا۟ إِخْوَةٙ رِّجَالٙا وَنِسَآءٙ فَلِلذَّكَرِ مِثْلُ حَظِّ
ٱلۡأُنثَيَيْـنِ |
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The gender in both cases is feminine. The difference only is of relationship, daughters and sisters of the deceased.
4.27. That whether there were two daughters along with a
son; or instead of a son, children had become more than two females;
young or women, as co-sharer of allocated fraction two-thirds of
heritage, the allocation in case of only two daughters or many daughters
will be only two-thirds, is also rendered explicit in the following
dependent clause by appositive conjunction particle:
:
وَإِن كَانَتْ وَٟحِدَةٙ فَلَـهَا ٱلنِّصْفُ |
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Its graphic syntactic analysis:
The first sentence: إِن كَانَتْ وَٟحِدَةٙ is the Conditional clause with Conditional Particle. The Noun of deficient perfect singular feminine verb in Jussive state as verb of condition: كَانَتْ is hidden which is referent to antecedent, taken as grammatically singular feminine noun: أَوْلَٟدِكُمْ "your offspring". It is like the English word "offspring" which signifies a person's child or children. The predicate of deficient verb is: وَٟحِدَةٙ : a feminine cardinal number one (1). The apodosis clause is inverted nominal sentence: ٱلنِّصْفُ which is the Subject, a fraction noun meaning one-half; and the prepositional phrase: فَلَـهَا relates to elided predicate which is obvious from the earlier clause. The one-half of what is not mentioned for avoiding redundancy since it is mentioned in the main clause; one-half of the heritage left by parent.
4.28. This clause is comparable to the clause where one sister is there to grieve the death of her real brother:
وَلَهُۥٓ أُخْتٚ فَلَـهَا نِصْفُ مَا تَرَكَ |
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4.29. The injunction in earlier part of the Ayah 4:11 covers the share allocated for the offspring of those who were granted either daughters, or in combination sons also. Their share shall not exceed two-third of the inheritance left by the deceased. Since the allocation in case of offspring is to start with a feminine, therefore, if the deceased has left a daughter and a son, this means three feminine shares because the share resembling share of two feminine is the measure for a male. The two-thirds of the heritage will be divided in three equal parts, one going to daughter and two parts is the fortune of the bereaved son. This takes care of all the offspring regardless how many are they. Two-thirds of the Inheritance is reservedly allocated for them in all circumstances. Nowhere there is mention of a case where the deceased has left only sons, two or more. Applying the principle set earlier of sharing between female and male, the two-thirds allocation will be divided into equal parts; if two sons, it will become four equal parts, two for each and so on for larger number of sons.
4.30. It must be noted that in case of Offspring comprising of one daughter, or two daughters, or offspring exceeding two female sharers in the allocated fraction of heritage, Allah the Exalted has not apportioned the share for other surviving kin in the remaining one-third or half heritage. Allah the Exalted has not annulled or superseded: ٱلْوَصِيَّةُ the Bequest of the deceased in entirety. It will prevail in respect of remaining part, if not modified by the Survivor Kin of repute for reason of tilt or injustice by the Testator, to distribute amongst relatively the nearer relatives.
The superb choice of word: مِثْلُ suggests avoiding fuss of decimal calculations.
5. Inheritance from deceased son to parents.
5.1. We have hitherto read initial part of Ayah 4:11 which is about the Mandatory allocation of fraction of heritage and its distribution between children of a Father or Mother who died leaving behind his or her Bequest, notwithstanding what statement of distribution of wealth it contained. It stands superseded in timeline to the extent as Allah the Exalted has inalienably allocated.
5.2. There can be a situation altogether different from the above. The Married Son of a surviving Mother and Father dies. His Father and Mother may or may not still be mutually husband and wife at the time of death of their son. They might have even separated during the life of their died Son. The Married Son of the Surviving Mother and Father may or may not have bereaved his own son:
وَلِأَبَوَيْهِ لِـكُلِّ وَٟحِدٛ مِّنْـهُـمَا ٱلسُّدُسُ مِمَّا تَرَكَ
إِن كَانَ لَهُۥ وَلَـدٚ |
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Please note the turn in the discourse. Here the deceased person is a married Son (or daughter) of a living Mother and Father.
Let us first syntactically analyse the first sentence:
It is an inverted nominal sentence, with a condition tagged.
وَ: Conjunction particle [حرف عطف]. It is a coordinator that links to element in the preceding discourse.
لِأَبَوَيْهِ : It is a Prepositional Phrase coupled with Possessive Phrase. It relates to the fronted elided predicate, which can be a verb or verbal noun, which is evidently understood by the preposition. Preposition denotes "for" indicating that something is directed at somebody, done to benefit somebody. Its object noun is definite by construct as the possessive pronoun is definite. The suffixed third person singular personal pronoun has no explicit antecedent for reference. A pronoun refers to one, clear, unmistakable antecedent noun. But it is explicit in the sentence as to who is referred by it, the person who has died leaving behind heritage and bereaved parents and a son. Succinctness in Qur’ān has no parallel; a sentence of equal length is economized by inverting the sentence having a pronoun in the Subject that refers to person in the Predicate, which has no explicit antecedent. If the deceased was married daughter, this will mutatis mutandis apply.
لِـكُلِّ وَٟحِدٛ: It is a Prepositional Phrase coupled with Possessive Phrase. It is Equivalent Appositive [البَدَلُ] to the preceding two phrases. "The Equivalent Appositive is a word which has attributed to it whatever is attributed to its principle while the subordinate is intended for the attribution not its principle". It resembles to English language "restrictive appositive" when the second element limits or clarifies the foregoing one in some crucial way. These phrases mean "for each one".
مِّنْـهُـمَا : It is a Prepositional Phrase relating to elided specification for the preceding indefinite cardinal noun. This clause takes care of a situation where the father and mother of the deceased Man might be in a separated state-Matrimonial Bond broken, or even his Mother had become during his life the wife of a man other than his Father. The right of some such Mothers could be in jeopardy if it were left to the Will of deceased son.
ٱلسُّدُسُ: It is definite ordinal number, meaning "the one-sixth". This is the delayed subject of the nominal sentence.
مِمَّا- It is a Prepositional Phrase comprising of preposition and its object is Relative pronoun with "ن" having been assimilated. It relates to the preceding subject of the sentence; "one-sixth of that which":
تَرَكَ. It is verbal sentence: Perfect Verb, third person; singular; Masculine, subject pronoun hidden with elided Object linking to the Relative Pronoun. It means that One-Sixth is drawn from the heritage which he has left behind.
This sentence is is followed by a conditional clause restring operation/effect subject to the condition:
This is a conditional clause; apodosis clause is elided since the resultant effect of this situation has already been mentioned in the preceding Nominal Sentence.
إِن Conditional Particle.
كَانَ Verb: Perfect; third person; singular; masculine;
لَهُۥ : Prepositional Phrase: لَ Inseparable Preposition + Personal Pronoun: Third person; masculine; singular, in genitive state; meaning "for him the deceased". It relates to elided predicate of the deficient verb. The singular masculine pronoun refers to the deceased Man.
وَلَـدٚ: Noun: Indefinite; singular; masculine; nominative. It is [اسم كان] the subject noun of deficient perfect verb. It signifies a son; translating it as "child" is erroneous it refers to human off-spring: a son or daughter of human parents. It signifies a real son; translating it as "child" is erroneous because word child refers to a son or daughter of human parents.
This signifies that Allah the Exalted has inalienably apportioned One-Sixth out of heritage each for the living Mother and Father left by their deceased son if the deceased had a solitary son.
We observed that when there is only a female in: ٱلْأَوْلَٟدِ offspring of a deceased Mother or Father, Allah the Exalted apportioned for her the half of the inheritance superseding whatever was stated in the Bequest. Here again, we observe that the concept of inheritance revolves primarily around daughters-women, who were given no right the world over in the inheritance before revelation of Grand Qur’ān. When there is only a Son or only sons, Allah the Exalted has not apportioned share for him [no need, people have extreme love for sons], but only for the Surviving Mother and Father, and that too separately since they might no longer be together as Husband and Wife at the given point in time.
5.3. The other situation is that a married son died who did not have a son but his parents have survived him. For such situation it is prescribed as under:
فَإِن لَّمْ يَكُن لَّهُۥ وَلَـدٚ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ
ٱلثُّلُثُ |
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Let us first syntactically analyse the first sentence:
However, if there were not a son surviving for him ---
It is a conditional sentence giving a ground reality different to when the deceased was bereaved by a son along with his alive parents.
لَّمْ يَكُن: The past tense event is negated by preceding the verb with particle of negation: لَمْ. The particularity of this particle is that the form of the past tense is substituted with the same tense of imperfect verb and the present tense verb is transformed into jussive mood.
لَّهُۥ : Prepositional Phrase: لَ Inseparable Preposition + Personal Pronoun: Third person; masculine; singular, in genitive state; meaning "for him the deceased". It relates to elided predicate of the deficient verb. The apodosis clause of this conditional sense is elided since it has already been mentioned.
وَلَـدٚ : Noun: Indefinite; singular; masculine; nominative. It is [اسم يكن] the subject noun of deficient perfect verb.
---and his Father and Mother have inherited him
This is the circumstantial clause depicting the deceased who died without leaving a son but his parents are alive who inherited him. It is a verbal sentence with change of normal order; verb-fronted object and delayed subject. The subject of the perfect verb is: أَبَوَاهُ which means "his parents".
--------thereby, the One-Third is apportioned for his Mother
This is the apodosis clause comprising of an inverted nominal sentence. If the deceased man did not have a son but his parents are alive, then the one-third will stand apportioned for his mother. Allocation for the Father of the deceased is not apportioned by Allah the Exalted though his Mother and Father have both survived him while 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 had become in his life 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 son.
This clause is modified if another condition was co-existing: An amendment is introduced, regarding the 1/3rd Mandatory Prioritized-Set aside Share of the Mother, if the siblings of the deceased also exist. In this circumstantial change, the share apportioned for the Mother diminishes to 1/6th of the Inheritance.
فَإِن كَانَ لَهُۥٓ إِخْوَةٚ فَلِأُمِّهِ ٱلسُّدُسُ |
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The share of one-third; allocated for the mother of the deceased who died without leaving a son but both parents are alive, is reduced to one-sixth if the siblings of the deceased were also alive.
When the died person did not have a son and his parents are alive, the inalienable share allocated is only for the Mother either as one-third, or one-sixth if the siblings of the deceased also existed. The right of Mother who gave birth to the deceased is protected. This takes care of siblings of the deceased who might be from his step mother/s.
5.4. Allah the Exalted after allocating inalienable shares; relating to different scenarios, firstly where the deceased is the Mother or Father leaving female offspring, or grouped offspring comprising of females and males; the second where the deceased is a Married Son of surviving Mother and Father who had also a surviving son; and the third case where a married son who did not have a son died leaving behind surviving father and mother and/or siblings, promulgated as under:
مِنۢ بَعْدِ وَصِيَّةٛ يُوصِى بِـهَآ أَوْ
دَيْنٍۗٛ |
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Prepositional Phrase coupled with Possessive Phrase: مِنۢ بَعْدِ وَصِيَّةٛ is grammatically indivisible unit. Semantically, the preposition functions to illustrate a logical, temporal, or spatial relationship between the object of the prepositional phrase and the other components of the sentence. Experts of syntax say that these phrases can be considered both as relating to the topic sentence: يُوصِيكُـمُ ٱللَّهُ , Since: بَعْدِ is a Time Adverb signifying a point in time somewhere in timeline after: وَصِيَّةٛ, the prepositional phrase illustrates temporal relationship functioning adverbially. Time adverb is first noun of construct with: وَصِيَّةٛ. It is a Verbal Noun denoting act and state inherent in verbs and its Root. It signifies cautious decision of a person expecting death giving a statement of what he or she wants to happen to his or her wealth, moveable and immovable property after he or she dies, or leaves a legal document containing this statement. Which will is this? It is adjectivally portrayed by a verbal sentence: يُوصِى بِـهَآ: "He is presently bequeathing about it". The Verb is imperfect; third person; masculine; singular; in Nominative Mood. It is Form IV Verb, مصدر-إِيْصَاءٌ Verbal noun. The third person singular feminine pronoun in the Prepositional Phrase refers back to: وَصِيَّةٛ.
أَوْ دَيْنٛ: By the appositive-coordinating conjunction particle it conjuncts to the earlier Prepositional Phrase, it links alternatives and also used for unrestricted conjunction [الجمع المطلق] giving meaning of "and" and thus denotes: "and/or after meeting the debt-obligation of promissory business transaction, outstanding liability". These phrases restrict the operation of all injunctions given earlier to take effect afterwards and thus modifies, supersedes the bequeath and allows distribution as ordered after discharging the debt obligations of the deceased.
5.5. The most conspicuous fact in the discourse on inheritance we have so far read is that except giving a ratio-formula when females and male are partners-co sharer in the allocated heritage, Allah the Exalted has not allocated inalienable share for a son. General psyche of majority is that they have longing for sons (refer 3:14 quoted earlier). Allah the Exalted draws attention of the people towards the fact:
ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّـهُـمْ أَقْرَبُ
لَـكُـمْ نَفْعٙا |
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فَرِيضَةٙ مِّنَ ٱللَّهِ |
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This is a simple sentence though it comprises of three sentences. Predicate of nominal sentence is a verbal sentence. And another complete nominal sentence is there functioning as object of the verb.
لَا تَدْرُونَ : This verbal sentence is the Predicate of nominal sentence.
أَيُّـهُـمْ أَقْرَبُ لَـكُـمْ: This simple sentence is functioning as the Object of preceding verb.
نَفْعٙا: This verbal noun is [تمييز] disambiguating the preceding comparative noun, the predicate of sentence.
5.6. After this parenthetic clause, it is declared about the aforementioned apportionment of shares:
فَرِيضَةٙ: It is [المفعول المطلق] Cognate Adverb; [الصفة المشبهة] Adjective resembling-functioning as passive participle and adverbially: Indefinite; feminine; singular; accusative. Its Root is "ف ر ض". The basic perception infolded is that of cutting something solid and hard which entails assessment and marking as to how, from where and how much be the incision and cutting. Since markings assign a distinct apportioning from the whole, it gives the signification of allocating, earmarking, prescribing or specifying the share. Therefore, it also signifies something made obligatory-ordained-prescribed at a given point in time. Reference to point in time is built in the perception of Root. The Adjective resembling participle, or termed as Verbal Adjective is a noun derived from an intransitive verb in order to signify the one that establishes an action with the meaning of permanence.
مِّنَ ٱللَّهِ
The fact that the apportionment of inheritance ordained is based upon absolute justice is emphasized in the concluding sentence of Ayah 4:11 by mentioning the following information about Allah the Exalted:
إِنَّ ٱللَّهَ كَانَ
عَلِيمًا حَكِيـمٙا ١١ |
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This sentence is (الجملة تعليلية) explanatory, justificatory, to reiterate that absolute justice in allocating the inheritance in various circumstances of the deceased and the inheritors. And the discourse about inheritance continues.
6. Inheritance for spouses when the deceased has no daughter, daughters, and/or grouped offspring.
6.1. Instructions about the share of bereaved Spouse are given subsequently in Ayah 4:12:
وَلَـكُـمْ نِصْفُ مَا تَرَكَ أَزْوَٟجُكُـمْ إِن لَّمْ يَكُن لَّـهُنَّ
وَلَـدٚ |
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Syntactic analysis
It is a simple inverted nominal sentence.
وَ: Conjunction particle [حرف عطف]. It is a coordinator that links to element in the preceding discourse.
لَـكُـمْ:Prepositional Phrase: لَ Inseparable preposition + Personal Pronoun: Second person; masculine; plural; genitive state. This phrase relates to elided fronted predicate. It means "..is apportioned for you the bereaved husbands of wives".
نِصْفُ مَا: It is a possessive phrase. The first noun, ordinal number, is definite by construct Relative Pronoun and is the delayed Subject of the sentence; It means "the half of that which..."
تَرَكَ أَزْوَٟجُكُـمْ : This verbal sentence is the Linkage clause for the Relative Pronoun and object of verb is elided.
But this allocation is tagged with a condition:
---if solitary son is not surviving for them (deceased wives)
إِن: It is Particle of condition which renders the following verb in Jussive state; means "if, should"
لَّمْ يَكُن: The past tense event is negated by preceding the verb with particle of negation: لَمْ. The particularity of this particle is that the form of the past tense is substituted with the same tense of imperfect verb and the present tense verb is transformed into jussive mood.
لَّـهُنَّ : Prepositional Phrase: لَ Inseparable Preposition + Personal pronoun: third person; feminine; plural; in genitive state, meaning "for them the deceased wives". It relates to elided predicate of the deficient verb. The apodosis clause of this conditional sentence is elided since the effect of condition has already been mentioned.
وَلَـدٚ : Noun: Indefinite; singular; masculine; nominative. It is [اسم يكن] the subject noun of deficient perfect verb.
6.2. The fortune for the husband will diminish if the ground reality was different from the above:
فَإِن كَانَ لَـهُنَّ وَلَـدٚ فَلَـكُـمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ |
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This allocation is also subject to the same condition when the deceased are Parents and inheritors are children in 4:11
مِنۢ بَعْدِ وَصِيَّةٛ يُوصِيـنَ بِـهَآ أَوْ دَيْنٛ |
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6.3. Similarly allocation for the bereaved wife is made in the inheritance left by their husband, fortune fluctuating by the presence or absence of one son [including born from his other late/ex wife].
وَلَـهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُـمْ إِن لَّمْ يَكُن لَّـكُـمْ
وَلَـدٚ |
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فَإِن كَانَ لَـكُـمْ وَلَـدٚ فَلَـهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُـم |
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This allocation is also subject to the condition prescribed in other situations:
مِّنۢ بَعْدِ وَصِيَّةٛ تُوصُونَ بِـهَآ أَوْ دَيْنٛ |
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6.4. Allah the Exalted has apportioned mandatory share only for the husband and wife who died leaving one son or without a son. the Bequest of a Man and Woman who died leaving a Son is superseded by apportioning share to his/her Mother and Father along with share for the spouse. Their property is divided into twenty four equal parts. Four parts allocated each to Mother and Father and three parts to his surviving Wife. The allocations for son and others is in remaining thirteen parts of wealth, left to bequeath.
7. Man or woman dying in the state of كَلَٟلَةً : Bachelor -without surviving spouse, and surviving singular parent
7.1. Here before we have noticed that injunctions in Ayah 4:11 and 4:12 are about such deceased who have daughter, daughters, grouped offspring in their mourners; and about diseased son or daughter who have surviving parents, both mother and father alive, and bereaved spouse. Fortunes vary if the deceased had a son or did not have alive son at the time of death. We have not as yet seen instructions about a man or woman who dies as bachelor, or without a daughter, or without a spouse - either already died or separated by divorce, and is bereaved by a single parent, either mother or father. Here we find it:
وَإِن كَانَ
رَجُلٌۭ يُورَثُ
كَلَٟلَةً
أَوِ ٱمْرَأَ ةٚ وَلَهُۥٓ أَخٌ
أَوْ أُخْتٚ فَلِـكُلِّ وَٟحِدٛ مِّنْـهُـمَا ٱلسُّدُسُ |
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Syntactic analysis:
It is conditional sentence conjunct to preceding sentences about spouses.
وَ: Conjunction particle [حرف عطف]. It is a coordinator that links to element in the preceding discourse.
إِن Conditional Particle.
كَانَ Verb: Perfect; third person; singular; masculine;
رَجُلٌۭ : Noun: Indefinite; masculine; singular; nominative. It is the Subject noun of deficient verb.
يُورَثُ : Verb: Imperfect; third person; singular; masculine; Passive; Mood: Indicative; [Form-IV]; Proxy Subject pronoun hidden; مصدر-إِيْرَاثٌ Verbal noun. This verbal sentence is the Predicate of deficient verb; "And If a man is being inherited...". This passive sentence indicates that a spouseless man or woman is inherited by a son and a single parent/or without any of them.
كَلَٟلَةً : Verbal Noun: Indefinite; accusative. It is the circumstantial clause; indicates the spouseless state in which a man or a woman is inherited.
أَوِ ٱمْرَأَ ةٚ : It is conjunct to: رَجُلٌۭ meaning "or it was a woman in the state mentioned about a man".
But if the same man or woman has died in the mentioned state having siblings to mourn them:
فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٟلِكَ فَهُـمْ شُرَكَآءُ فِـى ٱلثُّلُثِ |
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The mandatory allocation is subject to the condition:
مِنۢ بَعْدِ وَصِيَّةٛ يُوصَىٰ بِـهَآ أَوْ
دَيْنٍ غَيْـرَ مُضَآرّٛ |
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This clause is similar as is mentioned for other diseased persons. The difference is the Passive Verb: يُوصَىٰ while in other cases the verbs are in active voice. It covers both whether the deceased was a spouseless man or a woman. غَيْـرَ مُضَآرّٛ: This Possessive Phrase is the circumstantial clause for the hidden proxy subject noun of preceding passive verb. It means the bequest it is void of inclination-evident injustice by the testator.
7.2. After the aforementioned allocation in Ayah 4:11 and 4:12 it is declared:
وَصِيَّةٙ مِّنَ ٱللَّهِ |
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Syntactic analysis:
It is functioning as [المفعول المطلق] Cognate Adverb. It explains the manner in which the action takes place and to place emphasis on the action. The emphasis expressed through cognate adverbs is usually one of the most intense forms.
وَصِيَّةٙ : Verbal Noun: Indefinite; accusative. It is functioning as [المفعول المطلق] Cognate Adverb.
مِّنَ ٱللَّهِ: Prepositional phrase [متعلقان بمحذوف صفة] relates to elided adjective of the preceding cognate adverb.
The fact that the apportionment of inheritance ordained is based upon absolute knowledge and to emphasize importance of forbearance the following information about Allah the Exalted is given as concluding remarks:
وَٱللَّهُ عَلِيـمٌ حَلِيـمٚ ١٢ |
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7.3. Whatever is ordained in Ayah 4:11-12, it is declared:
تِلْكَ حُدُودُ ٱللَّهِ |
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يُدْخِلْهُ جَنَّٟتٛ تَجْـرِى مِن تَحْتِـهَا ٱلۡأَنْـهَٟرُ
خَٟلِدِينَ فِيـهَا |
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And using the juxtaposition device the upshot of others is told:
وَمَن يَعْصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ |
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يُدْخِلْهُ نَارًا خَالِدٙا فِيـهَا وَلَهُۥ عَذَابٚ مُّهِيـنٚ ١٤ |
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It is stern warning to persuade people to strictly adhere to the allocations in inheritance to various mourners in different situations set as boundaries-demarcations by Allah the Exalted.
7.4. There may be a situation that the death expecting Man or Woman were in a state of all by their selves not leaving bereaved spouse; not leaving bereaved daughters or children but just one son; not leaving bereaved parents but one parent only, either his/her 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.
8. Verbal Noun: كَلَٟلَةً circumstantial accusative.
8.1. It is intriguing that people have been debating about this verbal noun as to its meanings and peculiarities of the person who is in such state-circumstance. This man or woman cannot be he/she who are already mentioned. He is not a person whose parents, both mother and father are alive along with his/her spouse. It refers to that state of a person when the spouse is already dead or divorced and has single parent, either mother or father, surviving at the time of his death. In addition to this peculiar situation, such man may or may not have a single surviving son at the time of his death. Here in this Ayah 4:12 it is evident that this spouseless man or woman does have a surviving son to inherit from the inheritance because when he/she died by leaving a bereaved son, the share of siblings will be different as mentioned later in 4:176
8.2. The aforesaid instructions and Mandatory Allocation of parts of inheritance amongst various beneficiaries by Allah the Exalted cover all 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. The people of the days of revelation fully acknowledged and understood the injunctions about inheritance. They did not have an iota of confusion. This fact is evident because about the only situation which was not covered in the aforementioned injunctions in Ayah 4:11 and 4:12 people 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 who is bachelor or single without spouse, has a singular alive parent, either Mother or Father, and without a son, which also caters for the situation when a minor dies having right on the inheritance of his deceased parent.
يَسْتَفْتُونَكَ قُلِ ٱللَّهُ يُفْتِيكُـمْ فِـى ٱلْـكَلَٟلَةِ |
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إِنِ ٱمْـرُؤٌا۟ هَلَكَ لَيْسَ لَـهُۥ وَلَـدٚ
وَلَهُۥٓ أُخْتٚ فَلَـهَا نِصْفُ مَا تَرَكَ |
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وَهُوَ يَرِثُـهَآ إِن لَّمْ يَكُنْ لَّـهَآ وَلَـدٚ |
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فَإِن كَانَتَا ٱثْنَتَيْـنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ |
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وَإِن كَانُوٓا۟ إِخْوَةٙ رِّجَالٙا وَنِسَآءٙ فَلِلذَّكَرِ مِثْلُ حَظِّ
ٱلۡأُنثَيَيْـنِ |
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8.3. Allah the Exalted has superseded the Will to the extent of maximum two-thirds 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 it might be.
9. Conclusion.
9.1. Grand Qur’ān 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.
9.2. 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 it to specific relatives in preference to others. This is signified by: فَرِيضَةٙ مِّنَ ٱللَّهِ" This ordinance regards permanent apportionment of inheritance is a time bound obligation imposed by Allah the Exalted". This is also described by these words: وَصِيَّةٙ مِّنَ ٱللَّهِ "This Binding Ordinance of Inheritance is promulgated by Allah the Exalted for adhering it-ever sticking to it".
9.3. 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.
9.4. Allah the Exalted has simplified the otherwise delicate and perplexing issue for humans by relating it to the circumstantial characteristics of the person and the Will bequeathed by deceased. All cases and situations that be obtaining on ground are covered in just ten sub-classifications, exclusive to each other. We have now the orders regarding the offspring, the mother and father, the spouse and siblings in different situations. Let us recap:
a. The preferential
for Allah the Exalted are daughters in particular, and offspring in
general. It
is evident from the fact that Allah the Exalted captioned this law of
Inheritance as relating:
فِـىٓ أَوْلَٟدِكُمْ
b. The preferential for the death expecting Person for bequeathing is his/her Father and Mother, and relatively Near Relatives like grand orphaned Offspring, etc. ٱلْوَصِيَّةُ: It is a nominative definite Verbal Noun, signifying an act and state, meaning "the Bequest" which is to be bequeathed: لِلْوَٟلِدَيْنِ "for the Father and Mother", and: ٱلۡأ ََقْرَبِيـنَ "the relatively nearer relations". It thus covers all survivors who could be beneficiaries in sequence of the nearest, the nearer in relation to others.
c. The equation is with regard to shares-fortunes; not for female and male. Like of the share-fortune of two feminine is apportioned for a male. When the offspring are two daughters and above, the mandatory and prioritized allocation for them is two-thirds of the inheritance. This takes care of the offspring when they are the combination of females and males, equalling at least the share of three feminine. A daughter and a son shall get two- thirds divided by three equal shares. One share going to daughter and two shares going to son. The remaining one third is not superseded and the allocation in the Will shall prevail.
d. In case of solitary daughter survivor the inalienably apportioned share is half of the inheritance. The remaining half is not superseded and the allocation in the Will shall prevail.
e. With regard to offspring, we are left with only a situation where a Married Man or woman is leaving behind the solitary Son. In this situation, Allah the Exalted has not made the Son as preferential and has not apportioned the share for a solitary living son of the deceased. Instead, Mother and Father, and spouse of the this Man or woman are declared preferential and their share is inalienably apportioned, leaving undisturbed other allocations bequeathed in the Will for the living Son and other nearer relatives. The share of a solitary son might vary depending upon the Will of the Deceased, while the share of a solitary daughter is permanently and unalterably apportioned by decree as 1/2 of Inheritance.
f. In case of a solitary son for the deceased man, the Father and the Mother each get straight away 1/6th out of that inheritance which the deceased married Man has left behind. The inalienably apportioned share of Wife is 1/8th out of the inheritance. In such cases, the Inheritance is divided into twenty-four parts; eleven out of twenty-four parts straight going to Father, Mother and the Widow; 4 parts each to Father and Mother, and three parts to wife. Allah the Exalted has not allocated specifically the remaining thirteen parts of wealth which will accrue to son.
g, In case of no son for the deceased man, the Mother will get straight away 1/3rd out of that inheritance but no mandatory allocation for his surviving father. His wife will get 1/4th of inheritance. Out of the 24 equal parts of heritage, 8 parts will go to his mother, and 6 equal shares to his wife. For the remaining parts the bequest will prevail.
h. In case of a solitary son for the deceased woman, the Father and the Mother each get straight away 1/6th out of that inheritance which she has left behind. The inalienably apportioned share of her husband is 1/4th of the inheritance. Out of the 24 equal parts of heritage, 4 each go to father and mother and 6 to husband. Allah the Exalted has not allocated specifically the remaining ten parts of wealth which will accrue to son
j. However, in case of no son to grief, Allah the Exalted has superseded her Will only by inalienably apportioning 1/2 of Inheritance in favour of her surviving husband and 1/3rd in favour of her surviving mother but no mandatory allocation for her surviving father. Out of 24 equal parts 12 are the luck of husband and 8 parts go to the mother. Other allocations in the Statement of Distribution bequeathed in her Will stand and prevail. This is reflective of extreme care in the sublime system of justice executed by Allah the Exalted. There could be a wife unhappy with her husband who might do injustice to her husband striking him out of the list in the Will.
k. In case the death expecting Man or Woman is in state of: كَلَٟلَةً bachelor-spouseless and is survived by a singular Son and Parent, either Father or Mother; the brothers and sisters of the deceased are prioritized by inalienably apportioning share equalling 1/3rd of Inheritance. The remaining allocations for 2/3 of inheritance for son and parent is not superseded and the Will stand and prevail.
m. In case the death expecting Man in state of: كَلَٟلَةً bachelor-spouseless and a single parent surviving but is bereaved not by a son, the one half of inheritance is allocated to a single surviving sister; similarly if she died in such state her surviving brother will get half of her wealth. And if his two sisters are surviving their share will be two-thirds of inheritance. If siblings comprise brothers and sisters the two-thirds will be shared by them all according to the principle of semblance of two feminine shares allocated to a male.
9.5. 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.
9.6. 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 of instructions on the subject of inheritance:
يُبَيِّـنُ ٱللَّهُ لَـكُـمْ أَن تَضِلُّوا۟ |
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وَٱللَّهُ بِكُلِّ شَـىْءٛ عَلِيـمُ |
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9.7. 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.
10. Instruction about wives who were under-restraint period
10.1 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:
ٱلطَّلَٟقُ
وَٱلْوَٟلِدَٟتُ يُرْضِعْنَ أَوْلَٟدَهُنَّ حَوْلَيْـنِ
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لِمَنْ أَرَادَ أَن يُتِـمَّ ٱلرَّضَاعَةَۚ
وَعلَـى
ٱلْمَوْلُودِ لَهُۥ رِزْقُهُنَّ وَكِسْوَتُـهُنَّ
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لَا تُكَلَّفُ نَفْسٌ إِلَّا
وُسْعَهَا |
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لَا تُضَآرَّ وَٟلِدَةُ |
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وَعَلَـى ٱلْوَارِثِ مِثْلُ ذَٟلِكَ |
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10.2. Allah the Exalted has even granted a right to those women who were in the "restraint period" before finalization of divorce but her husband died in the meanwhile:
وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُـمْ وَيَذَرُونَ أَزْوَٟجٙا
وَصِيَّةٙ لِّأَزْوَٟجِهِـم مَّتَٟعٙا إِلَـى ٱلْحَوْلِ غَيْـرَ
إِخْرَاجٛ |
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فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُـمْ فِـى مَا فَعَلْنَ فِـىٓ
أَنفُسِهِنَّ مِن مَّعْـرُوفٛ |
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وَلِلْمُطَلَّقَـٟتِ مَتَـٟـعُ |
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كَذَٟلِكَ يُبَيِّـنُ ٱللَّهُ لَـكُـمْ ءَايَٟتِهِۦ لَعَلَّـكُـمْ تَعْقِلُونَ ٢٤٢ |
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10.3. After the pronounced suspension of matrimonial bond the restraint period before divorce becoming effective is prescribed:
وَٱلَّـٟٓـِٔـى يَئِسْنَ مِنَ ٱلْمَحِيضِ مِن نِّسَآئِكُـمْ إِنِ ٱرْتَبْتُـمْ فَعِدَّتُـهُنَّ ثَلَٟثَةُ أَشْهُرٛ وَٱلَّـٟٓـِٔـى لَمْٛ يَحِضْنَۚ |
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وَأُو۟لَٟتُ ٱلۡأَحْـمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَـمْلَـهُنَّۚ |
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وَمَن يَتَّقِ ٱللَّهَ يَجْعَل لَّهُۥ مِنْ أَمْرِهِۦ يُسْـرٙا ٤ |
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10.4. Let us determine ourselves and pray to Allah the Exalted that we might not be listed amongst these people:
وَتَأْكُلُونَ ٱلتُّـرَاثَ أَكْلٙا لَّمّٙا ١٩ |
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وَتُحِبُّونَ ٱلْمَالَ حُبّٙا جَـمّٙا٢٠ |
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