اَزۡوٰجُ

4:177.

Important Words:

کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).

Commentary:

The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.

It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.

The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.

It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.

The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.

It may incidentally be noted here that heirs are divided into two main groups:

1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.

2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.

It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.

The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.

The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.

Commentary:

The idolaters were closely connected with Muslims by ties of blood and relationship. Muslims are plainly told in this verse that these relationships and other worldly considerations of wealth, trade and property should not be allowed to stand in the way when a dearer relationship and a nobler cause and more vital considerations demanded their sacrifice. Love of kith and kin and worldly possessions should not be permitted to hinder the Faithful from serving the cause of Islam. The judgement of God mentioned at the end of the verse came after the death of the Holy Prophet when "the disobedient people," i.e. those who had joined the fold of Islam for worldly considerations, revolted and were punished by God through Abu Bakr, the First Khalifah.

8:76.

Commentary:

This verse clears a possible ambiguity that might have arisen from misunderstanding the injunction contained in v. 6 above. While in that verse the believers were enjoined to "call them by the names of their fathers," in the present verse the Holy Prophet by implication has been called the father of the Faithful. In fact, the preceding verse speaks of blood-relationship and the verse under comment speaks of the spiritual relationship that subsists between the Holy Prophet and the Faithful. It purports to say that in his capacity as their spiritual father, the Holy Prophet stands closer to them than even their own selves and that his wives being their spiritual mothers ought to be treated by them with greater regard and respect than the mothers who gave them birth, because spiritual relationship stands on a much higher plane than physical relationship. It is to this supreme reality that the Holy Prophet has drawn attention in a well-known saying of his, viz. "the faith of a believer does not become perfect unless the love he bears to me transcends all worldly connections and relationships" (Bukhari, Kitabul-Iman).

The verse removes another possible misunderstanding. The Islamic brotherhood which had come into being through the spiritual fatherhood of the Holy Prophet might have led to the misconception that Muslims could inherit each other’s property. It is this misconception that the verse under comment seeks to remove. It purports to say that (1) only blood relations can inherit each other and (2) that from among the blood relations only the believers can inherit, the disbelievers having been debarred from inheriting their believing relatives.

The verse also abolished that form of brotherhood which was established between the Migrants of Mecca and the Helpers of Medina, on the former’s arrival in Medina, according to which a مھاجر (Migrants) would even inherit the property left by an انصاری (Helper). After this verse was revealed that form of brotherhood which was but a temporary measure, adopted to rehabilitate the Migrants from Mecca, ceased to exist, and blood relationship and not faith alone, became the decisive factor in determining inheritance and other kindred matters. But the wider brotherhood of Islam continued and Muslims were expected to treat one another like brothers.

15:48; 18:32; 83:24.

Commentary:

All joy and happiness increases manifold if one shares it with another whom he loves.

30:16.

Important Words:

تحبرون (you will be honoured and made happy) is derived from حبر. They say حبر الشیء i.e. he made the thing beautiful or adorned it or embellished it and made it plain. حبرہ and أحبرہ means, he or it made him happy; he made him to enjoy a state of ease and plenty; he treated him with honour or with extraordinary honour. أحبرت الارض means, the herbage of the earth grew large or plentiful (Lane & Aqrab).

Important Words:

عاقبتم (you have your turn) is derived from عقب. They say عقب الرجل i.e. he took from the man’s property the like of what the latter had taken from him. عاقبه means, he did a thing with the man alternately and taking his turn; he retaliated (Lane & Aqrab).

Commentary:

If the wife of a Muslim deserts to disbelievers and thereafter a woman from among disbelievers is taken by Muslims as prisoner of war, or she flees from disbelievers and joins the Muslim Community, then the believing husband is to be compensated for the loss of the dowry paid by him to his deserting wife from the sum due to the disbelieving husband whose wife has joined the Muslim Community if the dowries are equal, but the deficiency, if any, is to be made up collectively by Muslims, or, as some authorities say, from the booty acquired by Muslims in war; the word عاقبتم meaning غنمتم i.e. you have acquired booty. This arrangement was necessary as disbelievers refused to return the dowries paid by their believing husbands to the women who had deserted to them.