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Section 2 - Law of Inheritance
11. " Allah enjoins you concerning your children: The male shall have the equal of the portion of two females; and if they are more than two females, then they will have two-thirds of the inheritance; and if there is (only) one, she will have the half; and as for his parents, each of them shall have a sixth part of the inheritance if he has a child, but if he has no child and his parents be his heirs, then his mother shall have the third, and if he has brothers, then his mother shall have the sixth after (the payment of) a bequest he may have bequeathed or a debt. You do not know which of your parents and your children is closer to you in usefulness. (This is) an ordinance from Allah. Verily Allah is All-Knowing, All-Wise."
Commentary :
There are ordinances of inheritance mentioned in some other religions, too. For instance, in the Torah, the Book of Numbers, Chapter 27, verses 8 to 11 some laws of inheritance are referred to. They are as follows:
8. And thou shalt speak unto the children of Israel, saying, If a man die, and have no son, then ye shall cause his inheritance to pass unto his daughter.
9. And if he have no daughter, then ye shall give his inheritance unto his brethren.
10. And if he have no brethren, then ye shall give his inheritance unto his father's brethren.
11. And if his father have no brethren, then ye shall give his inheritance unto his kinsman that is next to him of his family, and he shall possess it: and it shall be unto the children of Israel a statute of judgment, as the Lord commanded Moses.
It should also be noted that Jesus (a.s.) has approved, in the Bible, the same law of the Turah.
In Islam, the inheritance of a person, who has no inheritor, is given to the Islamic judge and Imam.
The pre-Islamic Arab deprived women and small children from inheritance.
The Portions of Inheritance:
In this verse, the ordinance of the first class of inheritors (children, fathers, and mothers) has been mentioned. At first, it says:
" Allah enjoins you concerning your children: The male shall have the equal of the portion of two females;..."
This meaning is a kind of emphasis on the portion of daughters taking from the inheritance and challenging with the traditions of the people in the Age of Ignorance who deprived women totally. Then the verse denotes that if the heirs of the diseased are exclusively two daughters or more than that, two-thirds of the inheritance belongs to them. It says :
"... and if they are more than two females, then they will have two-thirds of the inheritance; ..."
But if there remains only one daughter, she will have half of the whole inheritance. The verse says:
"... and if there is (only) one, she will have the half; ..."
Now, the inheritance of fathers and mothers, who are also involved in the first class of inheritors and are in the same row with the children, is classified in three states: The first state: is when the diseased person has an offspring or offsprings; then there will be one sixths of the inheritance for the father and again the same portion for mother. It says thus:
"... and as for his parents, each of them shall have a sixth part of the inheritance if he has a child, ..."
The second state: is when there exists no child and the inheritors are only the parents. In this case one thirds of the whole wealth belongs to the mother and the rest of it belongs to the father, as the verse says:
"... but if he has no child and his parents be his heirs, then his mother shall have the third, ..."
The third state: is when the inheritors are only parents and he has no offspring but he has brother(s) from the side of his parents or only from the side of his father. Then, the portion of the mother decreases from one third to one-sixth and the remaining five-sixth of the inheritance belongs to the father. It says:
"... and if he has brothers, then his mother shall have the sixth, ..."
In fact, brothers, who do not inherit anything, prevent the additional amount of the inheritance of the mother, and that is why, in Arabic language, they are called: /h¤ajib/ 'chamberlain'. Then, the Qur'an says that all of these things are after fulfilling the bequest that the diseased has bequeathed, and paying his debts, saying thus:
"... after (the payment of) a bequest he may have bequeathed or a debt. ..."
It should be noticed, of course, that only one third of the property can be bequeathed on. Therefore, if a person bequeaths more than that, it is not valid unless the heirs permit. In the next sentence, it says:
"... You do not know which of your parents and your children is closer to you in usefulness. ..."
Then, at the end of the verse, it remarks that:
"... (This is) an ordinance from Allah. Verily Allah is All-Knowing, All-Wise."
This statement is considered as an emphasis upon the former subjects so that there remains no place for people to bargain about the laws of the portions of heritance.
Why Is the Heritance of Man Equal of the Portion of Two Women?
With reference to the Islamic literature we realize that this question has actively existed in the minds of people since the beginning of Islam. They sometimes asked questions from the leaders of Islam on this regard. For example, it is narrated that Imam Ali-ibn-Musa-r-Rida, in answer to this question, said: " The fact that the portion of women from inheritance is equal to the half of the portion of men is for the reason that when a lady marries she takes something (dower) and man should give something. In addition to that, the life expenses of the wife is upon the man while a woman has no responsibility for the expenses of man as well as that of herself."
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12. " And you will have half of what your wives leave, if they have no child. But if they have a child, then you shall have a fourth of what they leave after (the payment of) any bequest they may have bequeathed or a debt; and they shall have a fourth of what you leave if you have no child, but if you have a child, then they shall have an eighth of what you leave after (the payment of) a bequest you may have bequeathed or a debt. And if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have a sixth, but if they are more than that, they shall be sharers in a third after (the payment of) any bequest that does not harm (others). (This is) an ordinance from Allah, and Allah is Knowing, Forbearing."
Commentary:
Inheritance of Spouses from Each Other:
In this verse, the explanation of the heritance of spouses from each other is stated. The verse, says:
" And you will have half of what your wives leave, if they have no child..."
But if they have a child or children, even if they are from another husband, only one fourth of her property belongs to you. It says:
"... But if they have a child, then you shall have a fourth of what they leave, ..."
This distribution is, of course, after paying the debts of the wife and fulfilling her bequests upon financial affairs, as the verse says:
"... after (the payment of) any bequest they may have bequeathed or a debt; ..."
And, if you have not any child, there will be a fourth of your heritance for your wives. It says:
"... and they shall have a fourth of what you leave if you have no child, ..."
Then, the portion of your wives will be one eighth of your property, except for the land the explanation of which is stated in jurisprudent books. It is in the case that you have a child, even though this child is from another wife. It says:
"... but if you have a child, then they shall have an eighth of what you leave...."
This division, similar to the previous division, is also done after the fulfilment of the bequest you have bequeathed and paying the debts. The verse, continues saying:
"... after (the payment of) a bequest you may have bequeathed or a debt. ..."
Then, it states the ordinance of the inheritance of sisters and brothers, when it says:
"... And if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have a sixth,..."
The Arabic term /kalalah/ is used for the maternal sisters and brothers who have inheritance from the diseased person. This situation is in the condition that there remains a maternal brother and sister from the diseased person. But if they are more than one they will have, on the whole, one third. That is they must divide one third of the property among themselves.
"... but if they are more than that, they shall be sharers in a third..."
Then it adds that this is in the case that the bequest be performed formerly and the debts be separated from the property.
"... after (the payment of) any bequest. ..."
And, it is in the condition that it does not harm the inheritors through the bequest or confessing a debt.
"... that does not harm (others). ..."
So, at the end of the verse, for an emphasis, it says :
"... (This is) an ordinance from Allah, and Allah is Knowing, Forbearing."
That is, this is a divine order which you must respectedly observe and He, Who has enjoined you these ordinances, is cognizant of your interests and expedients, and He is also aware of the intentions of the testators; yet, in the meantime, He is Forbearing and does not punish promptly those who treat against His command.
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13. " These are limits (set) by Allah; and whoso obeys Allah and His Messenger, He will admit him into gardens beneath which rivers flow, to abide therein forever; and this is the great success."
Commentary:
Following the discussion of inheritance in the previous verse, here, in this verse, the concerning laws are referred to as 'the divine limits', where it says:
" These are limits (set) by Allah; ..."
These are some limits which are forbidden to pass over or transgress. Therefore, those who transgress and break the bounds of these laws are known as sinners and criminals. Then, it speaks about those who respect these limits by observing them, saying:
"... and whoso obeys Allah and His Messenger, He will admit him into gardens beneath which rivers flow, to abide therein forever; ..."
And, at the end of the verse, it adds:
"... and this is the great success."
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14. " And whoso disobeys Allah and His Messenger, and transgresses His limits, He will admit him in Hell-Fire, to abide therein, and he shall have an abasing torment."
Commentary :
In this verse, other side of the coin is discussed about and those groups, who are opposite to the people mentioned in the previous verse, are referred to. It says:
" And whoso disobeys Allah and His Messenger, and transgresses His limits, He will admit him in Hell-Fire, to abide therein, ..."
Then, at the end of the verse, the final fate of such people is pointed out, where it says:
"... and he shall have an abasing torment."
In the former sentence, the bodily punishment of the Lord was referred to, while in this concluding sentence, which speaks about abasing torment, the spiritual aspect of that punishment is pointed out.
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