حَضَرَ

Important Words:

اله (God) is derived from اله (alaha) which means, he worshipped. So اله means, a thing or person or being worshipped, whether true or false; a deity (Aqrab).

Commentary:

Jacob or Israel was the son of Isaac who was a son of Abraham. Thus Ishmael was the uncle of Jacob, and yet the children of Jacob here include Ishmael among their "fathers" which proves two things: firstly, that the word اب (father) is also used of uncle; and secondly, that up to the time of Jacob’s sons, Ishmael was held in due respect by the Israelites. Nay, the children of Israel mention the name of Ishmael even before that of their own grandfather, Isaac, and do not mention any other son of Abraham.

The words, were you present when death came to Jacob, signify that the principle of submission to the will of God is not an innovation introduced by Islam, but has been recognized by good and righteous people in all times and even Israel, the founder of the Jewish tribes, acted upon that principle, so much so, that the only thought that came to his mind when death approached him was to enjoin the same noble principle upon his children. Israel wished his sons to become pious Muslims; will not the Jews of the Holy Prophet’s day act upon that principle?

In corroboration of what the Quran says about Jacob’s will to his sons, Rodwell quotes the following from Midrash Rabbah: "At the time when our father Jacob quitted this world, he summoned his twelve sons and said to them, Hearken to your father Israel (Gen. 49:2). Have you any doubts in your hearts concerning the Holy One, blessed be He. They said, Hear, o Israel, our father, as there is no doubt in thy heart, so neither is there in ours. For the Lord is our God, and He is One" (Midr. Rabbah on Gen. par. 98, and on Deut. par. 2). Compare also Targ. Jer. on Deut. 6:4.

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).

Commentary:

The Surah began by enjoining men and women to treat one another with kindness. Next, it exhorted believers to take care of orphans, for these matters have an important bearing upon social order. The present verse treats of yet another social subject of importance.

By the words, relations and orphans and the poor, are here meant those distant relatives, and those orphans and poor persons who, being not among the testator’s lawful heirs, are not entitled to receive any part of his property as of right. The verse, though not giving a legal right of inheritance to them, exhorts all true Muslims, while making a will about the division of their property, to set apart a portion of it for orphans and the poor and such distant relatives as are entitled to no legal share. A testator, however, can leave by will not more than one-third of his property to other than his lawful heirs (Bukhari ch. on Wasaya).

According to Ibn ‘Abbas, Ibn Musayyib, Ibn Sa‘id and Abu Ja‘far, the time referred to in the verse is when a person is about to make his will regarding the division of his property (Muhit). If nothing can be spared out of the property for this class of people, the testator should at least state in the will that they should be treated with kindness and he himself should also say kind words to them. The injunction laid down in the verse does not concern orphans particularly, but forms a part of the law of inheritance in general. As death leaves behind orphans, therefore, injunctions pertaining to orphans have been coupled with those pertaining to the disposal of a deceased person’s property.

2:62; 3:92; 47:35.

2:141, 284.

Commentary:

See collective note on 5:109 below.