أَقْرَبِينَ

4:12, 13, 177; 5:107.

Important Words:

خیر (much wealth) means: (1) good as opposed to evil; (2) wealth acquired or collected by fair and praiseworthy means; (3) much wealth or abundance of wealth; (4) a thing that all desire; (5) welfare and good fortune (Mufradat); (6) the existence of a thing in abundance and perfection; (7) horses, etc. (Aqrab).

حقا (obligation) is derived from حق and has been used in the verse in the accusative case, having something understood before it, the complete expression being حق ذالك حقا (Kashshaf). الحق means: (1) equity or justice; (2) right mode of acting; (3) an obligation or a duty; (4) a debt or anything that is owed; (5) a thing suitable to the requirements of justice, truth, duty, etc. (Lane). See also 2:148.

Commentary:

As disputes about inheritance are a fruitful source of quarrels, murders, etc., the Quran here suitably turns from the subject of retaliation to that of inheritance.

The word used here for "wealth" is خیر and not مال which is the ordinary word used in this sense. خیر means, "wealth acquired by fair and praiseworthy means". Thus by substituting the word خیر for مال, the Quran has also emphasized the necessity of being very circumspect in the acquisition of wealth which should be acquired only by fair and lawful means. Incidentally, therefore, it has been hinted that it is not lawful for a Muslim to make a will with regard to property that has been acquired by unlawful means; for such wealth does not really belong to him.

In 4:12, 13 the Quran fixes the shares of all those persons who should succeed to a deceased person’s property, according to the Islamic law of inheritance, and these in the first instance include parents, children, and wife or husband. In the presence of this law, the injunction given in the verse under comment would, at first sight, appear to be uncalled-for and unnecessary. As a matter of fact, those who believe in the abrogation theory, have actually declared this verse to be abrogated by the ones referred to above. But they are clearly mistaken; for the verse under comment makes an additional and necessary provision in regard to inheritance. Not seldom there come forward claimants who allege that a deceased person had bequeathed such and such portion of his property to them, and even witnesses are not wanting to support their claims. The rightful heirs, not knowing anything about it, naturally suspect the claim. The result is quarrel and litigation. Every Muslim is, therefore, enjoined to make a proper bequest at the time of his death that his property be divided among his heirs, i.e. parents, children, wives, etc., according to the Law of Islam, stating therein also the portion of any other individual who is not legally entitled to inherit from him but to whom he may wish to bequeath some of his wealth. Such a declaration made with the knowledge of his heirs and relatives is calculated to put a stop to much litigation. Such a provision is all the more essential in cases when the property or wealth is considerable.

The verse also throws out a hint that a Muslim should, before his death, bequeath a part of his property, not exceeding one-third, to such of his relations as have been debarred by Law from inheriting from him, for instance, distant but deserving relations, non-Muslim parents, non-Muslim children and so on. In such a case the remaining two-thirds will go to his lawful heirs. As to the restriction relating to one-third, it may be noted that the Holy Prophet has made it clear that no testator can bequeath more than one-third of his wealth to others than the lawful heirs. At least two-thirds of the property must go to the heirs (Bukhari).

Islam excludes non-Muslim relatives from the category of heirs to avoid complications. For instance, the near relatives of a deceased person might belong to a people who are at war with the Muslims or in open hostility toward them. In that case, to put money into their hands would be to damage the cause of Islam and injure one’s own interests. Non-Muslim relatives have, therefore, been excluded from lawful heirs so that they may not claim their part of the inheritance as of right. The Quran, however, instructs Muslims to leave to them a part of their property by a special will, so that, in case such property is not likely to be used against the interests of Islam, the former may in this way discharge the obligations they owe to the latter as kinsmen. Another reason for excluding non-Muslim relatives from the category of heirs is that generally non-Muslims do not in practice allow their Muslim relatives to succeed them as heirs. There is no sense, therefore, in allowing Muslim wealth to flow to non-Muslims where no such flow takes place the other way.

The verse serves yet another purpose. According to the Law of Islam, as generally accepted, the grandchild of a deceased Muslim is debarred from inheritance in case the former’s father has predeceased the latter. The Quran, therefore, directs that a portion of the property may be left by a special will by a dying Muslim for such of his relatives as are otherwise rightful heirs but cannot inherit owing to some of their near kinsmen having predeceased them.

The verse must not be understood to lend itself to the interpretation that the heirs whose portions have been definitely fixed by the Law, can be given more than their prescribed share. This is expressly forbidden by the Holy Prophet (Tirmidhi, ch. on Wasaya).

2:178; 4:37.

Important Words:

خیر (good and abundant wealth). See 2:181.

اقربین (near relatives) is the plural of اقرب (derived from قریب) meaning, one nearer; a near relative (Aqrab).

Commentary:

When the Companions of the Holy Prophet were told that they could not win the pleasure of God and enter Heaven unless they were made to pass through sufferings and afflictions like those that had gone before, they at once signified their readiness to part with their wealth and property in the cause of God and asked the Holy Prophet to let them know what they should spend in order to win the pleasure of God and attain spiritual progress. They did not wait for the threatened trials to actually overtake them, but were prepared to make every kind of sacrifice in advance. They simply wanted to be told what form their sacrifice should take.

In reply to their eager question, God’s reply also indicates a sort of eagerness, as if He meant to impart to the Faithful the relevant commandment in its entirety, without waiting for any further question on their part; for whereas their question related only "what" they should spend, God’s answer goes a step further, describing also "on whom" the money is to be spent. As to the question, what is to be spent should be (1) well-acquired and (2) abundant. In moments of great national need, there can be no hope of success unless people spend freely and generously. But as free and generous expenditure carries with it the danger of weak people resorting to acquiring wealth by unfair means, therefore the condition about the money being "good" has been added.

As to the other part of the anticipated question, i.e. on whom should the money be spent, the Quran says that money should be spent on parents and near relatives (lit. near ones) and orphans and the needy and the wayfarer. The five classes include all such persons as generally stand in need of help. The two first-mentioned classes include relatives, neighbours and friends who go to form the group that immediately surrounds a man and must claim his first attention, owning to personal relationship or personal contact. Then follow two classes that deserve help owing to their particular circumstance, orphans being without anyone to support them and the needy without any means of support. Lastly comes the wayfarer, whose claim consists in his being a stranger with no friend, no relative and no supporter. By pointing out these five classes as deserving of help, the Quran desires to hint that unless the entire community, including those who come to stay with them temporarily, is prepared to fight in the cause of Allah and unless the well-to-do classes help the weaker ones in their preparation for the national struggle, Muslims cannot present a united front nor can their efforts bring about the desired result. Each and every person must gird up his loins to contribute his fullest possible share, and those who cannot do so for want of means must receive help from others who can afford such help.

5:9.

Important Words:

اولی (more regardful) is derived from ولی. They say ولیه i.e. he was or became near unto him; he loved him and was a friend to him. ولی الشیء means, he managed and looked after the thing. الولی means, friend; one who loves; helper; one who looks after your affairs. اولی means, more entitled, having a better right (Aqrab). They say فلان اولی بکذا i.e. such a one is more entitled to such a thing or has a better right or better title or claim to it; or is more deserving or worthy of it; or is more competent or fit for it (Lane). اولی also means, more regardful or more thoughtful or more considerate (Kashshaf & Muhit).

Commentary:

As in the settlement of differences between husband and wife, a subject dealt with in the preceding verses, witnesses have often to be called in, therefore the Quran here fittingly turns to that subject.

The expression, be witnesses for Allah, means that one should bear witness truly for the sake of God and in strict accordance with His injunctions. The words علی انفسکم rendered as "against yourselves" may also be rendered as "against your people or against your kith and kin", signifying that one should give true evidence in all cases, even against the members of one’s own community or one’s near relations or even when one’s own honour or property is at stake.

The words, parents or kindred, have been added to increase the force of the injunction, i.e. you should give true evidence not only against the members of your own community, but even against those who are closely related to you by blood—your own parents and others near and dear. As one has to more often bear witness against other people than against near relatives, therefore, the former class of persons has been put before the latter.

Commentary:

It is on record that when this verse was revealed the Holy Prophet stood on Mount Safa and called every Quraish tribe by name and warned them of the Divine punishment that would overtake them if they did not accept his message and give up their evil ways. He is also reported to have told his daughter Fatimah, his aunt Safiyya and other members of his household that no relationship with him but only their own righteous deeds would save them from Divine wrath (Bukhari, Kitabut-Tafsir).