Topic: Inheritance (Mirath)
View Aspects
كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ إِن تَرَكَ خَيْرًا ٱلْوَصِيَّةُ لِلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُتَّقِينَ
4:12, 13, 177; 5:107.
4:12,13经文注定了对所有应该继承死者产业的那些人的分配份额。这些经文被有些注经家误解为废止本节经文的, 实际上本节经文对遗产继承权制订了一条附加而且十分必要的规定, 这种遗产仅指有利于在法律上不该分得遗嘱的遗产的人, 或是出于慈善目的, 或由于战争状况的遗产。它不指有利于合法继承者的遗产, 关于那种遗产在4:12,13中业已述及。因此本节经文为制定遗赠规章的几节经文所废止的问题是不应发生的, 而且那几节经文也承认任何遗产的合法性。是以每一节经文都在自己的范围内起其一定的作用而且相辅相成。所以这样所规定的遗产, 根据萨德•彬•阿比•瓦卡斯 (سَعْد بِنْ اَبِیْ وَقَاص, Sa‘d bin Abi Waqqas) 的见解, 像穆圣在讲话中所提到的那样, 不应超过所留产业的三分之一 (Bukhari, Kitabul-Jana’iz); 这是立遗嘱者可以行使自由支配的处理权的最高限制, 不过这种遗产继承权只有那留下像خَيْر (Khair, 许多财富) 这词所表示的大笔财产者
才能使用。根据经文5:107, 一个将死的穆斯林可以规定遗产。一般的看法, 这节经文是在4:12, 13之后下降的; 这进一步支持了这个看法, 事实上, 本节没有被4:12, 13所代替。一切经文废止的说法是没有根据的。
خَیْر کے معنے مطلق مال کے بھی ہوتے ہیں اور بہت سے مال کے بھی۔ اس جگہ آیت کے سیاق و سباق سے ظاہر ہوتا ہے کہ مالِ کثیر مراد ہے۔
یہاں والدین اور اقربین کو وصیت کرنا کہا ہے حالانکہ اولاد قلبی تعلقات کے لحاظ سے نہایت اہم ہے اس سے معلوم ہوتا ہے کہ یہ مال کی تقسیم کی وصیت نہیں ورنہ اولاد کا ذکر ضرور ہوتا۔ بلکہ وصیت سے مراد عام تاکید ہے کہ احکامِ الٰہیہ کے مطابق جائیداد تقسیم کی جائے۔ اور اگر مال کا کوئی حصہ صدقہ کرنا ہو تو اس کا اظہار کردے۔ اس آیت پر بہت بحث ہوئی ہے۔ اکثر مفسرین اسے منسوخ قرار دیتے ہیں کیونکہ اس میں وصیت واجب لکھی ہے اور احکام وراثت کے نزول کے بعد رشتہ داروں کے نام وصیت جائز نہیں۔ اور جنہوں نے جائز قرار دی ہے ان کے نزدیک بھی واجب نہیں‘ مگر یہ غلطی اس وجہ سے لگی ہے کہ وصیت کے معنے
4:12, 13, 177; 5:107.
Verses 4:12, 13 fix the shares of all those persons who should succeed to a deceased person’s property. These verses have been mistakenly understood by some Commentators to abrogate the verse under comment, which, in fact, lays down an additional and very necessary provision, and refers only to bequests made in favour of individuals not legally entitled to a share in the testator’s property, or for charitable purposes, or for war conditions. It does not refer to bequests made in favour of legal heirs which subject has been dealt with in 4:12, 13. There is no question, therefore, of the abrogation of this verse by those verses which lay down the rules of inheritance and also recognise the validity of any bequests that may have been made. Each operates in its own sphere and draws strength from the other. The bequests thus made, however, should not exceed one third of the property left as is mentioned in a saying of the Holy Prophet related by Sa‘d bin Abi Waqqas (Bukhari, Kitabul-Jana’iz); thi
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).
b
4:12, 13, 177; 5:107.
115
4:12,13经文注定了对所有应该继承死者产业的那些人的分配份额。这些经文被有些注经家误解为废止本节经文的, 实际上本节经文对遗产继承权制订了一条附加而且十分必要的规定, 这种遗产仅指有利于在法律上不该分得遗嘱的遗产的人, 或是出于慈善目的, 或由于战争状况的遗产。它不指有利于合法继承者的遗产, 关于那种遗产在4:12,13中业已述及。因此本节经文为制定遗赠规章的几节经文所废止的问题是不应发生的, 而且那几节经文也承认任何遗产的合法性。是以每一节经文都在自己的范围内起其一定的作用而且相辅相成。所以这样所规定的遗产, 根据萨德•彬•阿比•瓦卡斯 (سَعْد بِنْ اَبِیْ وَقَاص, Sa‘d bin Abi Waqqas) 的见解, 像穆圣在讲话中所提到的那样, 不应超过所留产业的三分之一 (Bukhari, Kitabul-Jana’iz); 这是立遗嘱者可以行使自由支配的处理权的最高限制, 不过这种遗产继承权只有那留下像خَيْر (Khair, 许多财富) 这词所表示的大笔财产者
才能使用。根据经文5:107, 一个将死的穆斯林可以规定遗产。一般的看法, 这节经文是在4:12, 13之后下降的; 这进一步支持了这个看法, 事实上, 本节没有被4:12, 13所代替。一切经文废止的说法是没有根据的。
2
خَیْر کے معنے مطلق مال کے بھی ہوتے ہیں اور بہت سے مال کے بھی۔ اس جگہ آیت کے سیاق و سباق سے ظاہر ہوتا ہے کہ مالِ کثیر مراد ہے۔
3
یہاں والدین اور اقربین کو وصیت کرنا کہا ہے حالانکہ اولاد قلبی تعلقات کے لحاظ سے نہایت اہم ہے اس سے معلوم ہوتا ہے کہ یہ مال کی تقسیم کی وصیت نہیں ورنہ اولاد کا ذکر ضرور ہوتا۔ بلکہ وصیت سے مراد عام تاکید ہے کہ احکامِ الٰہیہ کے مطابق جائیداد تقسیم کی جائے۔ اور اگر مال کا کوئی حصہ صدقہ کرنا ہو تو اس کا اظہار کردے۔ اس آیت پر بہت بحث ہوئی ہے۔ اکثر مفسرین اسے منسوخ قرار دیتے ہیں کیونکہ اس میں وصیت واجب لکھی ہے اور احکام وراثت کے نزول کے بعد رشتہ داروں کے نام وصیت جائز نہیں۔ اور جنہوں نے جائز قرار دی ہے ان کے نزدیک بھی واجب نہیں‘ مگر یہ غلطی اس وجہ سے لگی ہے کہ وصیت کے معنے
a
4:12, 13, 177; 5:107.
187
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).
a
4:12, 13, 177; 5:107.
205
Verses 4:12, 13 fix the shares of all those persons who should succeed to a deceased person’s property. These verses have been mistakenly understood by some Commentators to abrogate the verse under comment, which, in fact, lays down an additional and very necessary provision, and refers only to bequests made in favour of individuals not legally entitled to a share in the testator’s property, or for charitable purposes, or for war conditions. It does not refer to bequests made in favour of legal heirs which subject has been dealt with in 4:12, 13. There is no question, therefore, of the abrogation of this verse by those verses which lay down the rules of inheritance and also recognise the validity of any bequests that may have been made. Each operates in its own sphere and draws strength from the other. The bequests thus made, however, should not exceed one third of the property left as is mentioned in a saying of the Holy Prophet related by Sa‘d bin Abi Waqqas (Bukhari, Kitabul-Jana’iz); thi
فَمَنۢ بَدَّلَهُۥ بَعْدَمَا سَمِعَهُۥ فَإِنَّمَآ إِثْمُهُۥ عَلَى ٱلَّذِينَ يُبَدِّلُونَهُۥٓ ۚ إِنَّ ٱللَّهَ سَمِيعٌ عَلِيمٌ
فَمَنْ بَدَّلَہٗ کے الفاظ سے معلوم ہوتا ہے کہ کسی قرآنی حکم کی طرف اشارہ ہے اور وہ حکم وراثت کا ہی ہے ورنہ اس کا کیا مطلب کہ بدلنے کا گناہ بدلنے والوں پر ہوگا۔ وصیت کرنے والے پر نہ ہوگا۔ کیونکہ اگر اس وصیت کی تفصیلات شرعی نہیں بلکہ وصیت کرنے والے کی مرضی پر ہیں تو ان کے بیان نہ کرنے سے مرنے والے کو گناہ کیوں ہو۔ اس کے گنہگار ہونے کا سوال تبھی ہو سکتا ہے جبکہ کسی شرعی حکم کی خلاف ورزی ہو رہی ہو اور وہ اسی طرح ہو سکتی ہے کہ اس آیت میں احکام وراثت بھی شامل ہوں اور مطلب یہ ہو کہ مرنے والا یہ وصیت کر جائے کہ احکام اسلام کے مطابق عمل کیا جائے اس صورت میں وہ گناہ سے بچ جائے
This indicates that the previous verse contemplates some directions which are obligatory and a contravention of which would be sinful. Obviously, what is meant is a direction that the estate shall be administered in accordance with the law of inheritance. If the testator gives such a direction, then the sin of any contravention would lie on those who are guilty of the contravention.
Commentary:
If a person makes a will in compliance with the above commandment, but his heirs, finding it to be prejudicial to their interests, alter it or hinder its execution, the blame and the responsibility for consequences will lie on those who tamper with the will and not on the maker of the will. Apparently, the verse seems to be superfluous; for what it says is obvious, i.e. the responsibility of any subsequent alteration cannot lie on the testator. But deeper consideration would show the futility of such an idea. In fact, the verse serves three important purposes. Firstly, it warns the testator that fear of any subsequent alteration should not deter him from making the will. Secondly, that he should act intelligently and cautiously and should try to foresee and forestall all possible mischief by his heirs. Thirdly, the verse warns the heirs and their friends that any alteration made by them in the will will bring them under the wrath of God Who is All-Knowing.
1
فَمَنْ بَدَّلَہٗ کے الفاظ سے معلوم ہوتا ہے کہ کسی قرآنی حکم کی طرف اشارہ ہے اور وہ حکم وراثت کا ہی ہے ورنہ اس کا کیا مطلب کہ بدلنے کا گناہ بدلنے والوں پر ہوگا۔ وصیت کرنے والے پر نہ ہوگا۔ کیونکہ اگر اس وصیت کی تفصیلات شرعی نہیں بلکہ وصیت کرنے والے کی مرضی پر ہیں تو ان کے بیان نہ کرنے سے مرنے والے کو گناہ کیوں ہو۔ اس کے گنہگار ہونے کا سوال تبھی ہو سکتا ہے جبکہ کسی شرعی حکم کی خلاف ورزی ہو رہی ہو اور وہ اسی طرح ہو سکتی ہے کہ اس آیت میں احکام وراثت بھی شامل ہوں اور مطلب یہ ہو کہ مرنے والا یہ وصیت کر جائے کہ احکام اسلام کے مطابق عمل کیا جائے اس صورت میں وہ گناہ سے بچ جائے
188
Commentary:
If a person makes a will in compliance with the above commandment, but his heirs, finding it to be prejudicial to their interests, alter it or hinder its execution, the blame and the responsibility for consequences will lie on those who tamper with the will and not on the maker of the will. Apparently, the verse seems to be superfluous; for what it says is obvious, i.e. the responsibility of any subsequent alteration cannot lie on the testator. But deeper consideration would show the futility of such an idea. In fact, the verse serves three important purposes. Firstly, it warns the testator that fear of any subsequent alteration should not deter him from making the will. Secondly, that he should act intelligently and cautiously and should try to foresee and forestall all possible mischief by his heirs. Thirdly, the verse warns the heirs and their friends that any alteration made by them in the will will bring them under the wrath of God Who is All-Knowing.
205A
This indicates that the previous verse contemplates some directions which are obligatory and a contravention of which would be sinful. Obviously, what is meant is a direction that the estate shall be administered in accordance with the law of inheritance. If the testator gives such a direction, then the sin of any contravention would lie on those who are guilty of the contravention.
فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَآ إِثْمَ عَلَيْهِ ۚ إِنَّ ٱللَّهَ غَفُورٌ رَّحِيمٌ
一个遗嘱可能遵照法定要求, 而也可能在它的某条款中是不公正的。例如, 假如某人留下很多继承者, 如果他出于施舍或其它合法的目的立下遗嘱, 花掉的数字高达足足有三分之一, 那么, 他就会给他们 (继承者) 带来困苦。或者, 立遗嘱者可能不公平地处理了可容许的三分之一之外的遗产, 不顾或忽略合法的要求。在这种情况下容许, 也的确值得在所有继承人与被偏袒的遗产承受人之间进行公平的调整。
یعنی وصیت کرنے والے اور ان رشتہ داروں کے درمیان جن کو نقصان پہنچانے یا نظر انداز کر دینے کا اس کا ارادہ ہو یا ان اشخاص میں جن کے حق میں وصیت ہے‘ باہمی سمجھوتے سے ان کو راضی کر دے کہ باوجود وصیت کے وہ ایک دوسرے کو اس کا حق ادا کر دیں۔ بعض دفعہ شریعت پر عمل کرنے کے باوجود وصیت کرنے کی صورت میں بعض نقصانات کا احتمال موجود ہوتا ہے۔ مثلاً اگر کوئی شخص ۳ /۱ کی وصیت کر دے مگر باقی وارث اتنے ہوں کہ بقیہ مال میں سے ان کو حصہ بہت کم ملتا ہو تو ایسی صورت میں اگر اصلاح کروادی جائے تو گناہ نہیں یعنی وصیت کرنے والے اور اس کے خاص محبوب یا خاص مبغوض میں صلح کرا دے۔
A will may comply with legal requirements and may yet be unfair in some of its provisions. For instance, if a person leaves a large number of heirs, it may entail a hardship on them if he wills away as much as the full one-third for charitable or other lawful purposes. Or, out of the permissible 1/3 the testator may have made unfair dispositions, neglecting or overlooking just claims. It would in such a case be permissible, indeed meritorious, to bring about a fair adjustment between the heirs and the legatees affected.
Important Words:
جنفا (partiality) is the infinitive noun from جنف. They say جنف عن الطریق meaning, he deviated from the right path. جنف فی وصیتهmeans, he acted wrongfully in his will. جانف اھله means, he kept away from his family out of anger and not for a just cause. تجانف لاثم means, he inclined towards sin. So جنف means: (1) inclining to sin, etc. (2) deviating from the right course; (3) acting unjustly or wrongfully; (4) keeping away from rightful things (Aqrab).
Commentary:
If someone should have reason to fear that the testator is showing undue favour to any particular person or party, or that he is acting contrary to Islamic Law, it would be no sin for him to bring about reconciliation between the parties concerned by removing the cause of displeasure or disagreement between the testator and his heirs and thereby having the will altered in accordance with the requirements of justice and Islamic Law. The words, it shall be no sin for him, do not mean that such pious intervention is simply an act of negative virtue. The expression has been used lest, in view of what has been said in the preceding verse regarding the sinfulness of the act of alteration in a will, some overcautious people should hold aloof even when they see an unjust inclination on the part of the testator. The verse thus really means that such an interference, far from being an act of sin, is an act of virtue which is sure to draw God’s mercy.
The concluding clause reminds the testator that God is Forgiving, so that if he mends his error, He will be pleased to forgive him. The declaration that God is Merciful, also serves as an inducement to other Muslims to intervene, if it is felt that the testator is unduly partial to one party, to the detriment of the other. In that case they should readily step in and set things right, for which God would give them an ample portion out of His mercy. Thus the word غفور (Most Forgiving) relates to such testators as return to the right course when reminded to do so, and the word رحیم (Merciful) relates to those persons who succeed in persuading the testator to revert to the path of rectitude and justice.
116
一个遗嘱可能遵照法定要求, 而也可能在它的某条款中是不公正的。例如, 假如某人留下很多继承者, 如果他出于施舍或其它合法的目的立下遗嘱, 花掉的数字高达足足有三分之一, 那么, 他就会给他们 (继承者) 带来困苦。或者, 立遗嘱者可能不公平地处理了可容许的三分之一之外的遗产, 不顾或忽略合法的要求。在这种情况下容许, 也的确值得在所有继承人与被偏袒的遗产承受人之间进行公平的调整。
2
یعنی وصیت کرنے والے اور ان رشتہ داروں کے درمیان جن کو نقصان پہنچانے یا نظر انداز کر دینے کا اس کا ارادہ ہو یا ان اشخاص میں جن کے حق میں وصیت ہے‘ باہمی سمجھوتے سے ان کو راضی کر دے کہ باوجود وصیت کے وہ ایک دوسرے کو اس کا حق ادا کر دیں۔ بعض دفعہ شریعت پر عمل کرنے کے باوجود وصیت کرنے کی صورت میں بعض نقصانات کا احتمال موجود ہوتا ہے۔ مثلاً اگر کوئی شخص ۳ /۱ کی وصیت کر دے مگر باقی وارث اتنے ہوں کہ بقیہ مال میں سے ان کو حصہ بہت کم ملتا ہو تو ایسی صورت میں اگر اصلاح کروادی جائے تو گناہ نہیں یعنی وصیت کرنے والے اور اس کے خاص محبوب یا خاص مبغوض میں صلح کرا دے۔
189
Important Words:
جنفا (partiality) is the infinitive noun from جنف. They say جنف عن الطریق meaning, he deviated from the right path. جنف فی وصیتهmeans, he acted wrongfully in his will. جانف اھله means, he kept away from his family out of anger and not for a just cause. تجانف لاثم means, he inclined towards sin. So جنف means: (1) inclining to sin, etc. (2) deviating from the right course; (3) acting unjustly or wrongfully; (4) keeping away from rightful things (Aqrab).
Commentary:
If someone should have reason to fear that the testator is showing undue favour to any particular person or party, or that he is acting contrary to Islamic Law, it would be no sin for him to bring about reconciliation between the parties concerned by removing the cause of displeasure or disagreement between the testator and his heirs and thereby having the will altered in accordance with the requirements of justice and Islamic Law. The words, it shall be no sin for him, do not mean that such pious intervention is simply an act of negative virtue. The expression has been used lest, in view of what has been said in the preceding verse regarding the sinfulness of the act of alteration in a will, some overcautious people should hold aloof even when they see an unjust inclination on the part of the testator. The verse thus really means that such an interference, far from being an act of sin, is an act of virtue which is sure to draw God’s mercy.
The concluding clause reminds the testator that God is Forgiving, so that if he mends his error, He will be pleased to forgive him. The declaration that God is Merciful, also serves as an inducement to other Muslims to intervene, if it is felt that the testator is unduly partial to one party, to the detriment of the other. In that case they should readily step in and set things right, for which God would give them an ample portion out of His mercy. Thus the word غفور (Most Forgiving) relates to such testators as return to the right course when reminded to do so, and the word رحیم (Merciful) relates to those persons who succeed in persuading the testator to revert to the path of rectitude and justice.
205B
A will may comply with legal requirements and may yet be unfair in some of its provisions. For instance, if a person leaves a large number of heirs, it may entail a hardship on them if he wills away as much as the full one-third for charitable or other lawful purposes. Or, out of the permissible 1/3 the testator may have made unfair dispositions, neglecting or overlooking just claims. It would in such a case be permissible, indeed meritorious, to bring about a fair adjustment between the heirs and the legatees affected.
لِّلرِّجَالِ نَصِيبٌ مِّمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ وَلِلنِّسَآءِ نَصِيبٌ مِّمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ ۚ نَصِيبًا مَّفْرُوضًا
4:34.
This verse forms the basis of the Islamic Law of Inheritance. It lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property. Detailed rules are given in the verses that follow.
4:34.
Commentary:
This verse, without giving the details, forms the basis of the Islamic law of inheritance. Detailed rules are given in the succeeding verses. The verse lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property.
b
4:34.
312
伊斯兰教遗产继承法是以此节经文为基础的。它确定了男女社会平等的原则。男女双方都有权恰当分享财产。详细条例在以下几节经文中提及。
a
4:34.
490
Commentary:
This verse, without giving the details, forms the basis of the Islamic law of inheritance. Detailed rules are given in the succeeding verses. The verse lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property.
a
4:34.
570
This verse forms the basis of the Islamic Law of Inheritance. It lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property. Detailed rules are given in the verses that follow.
وَإِذَا حَضَرَ ٱلْقِسْمَةَ أُو۟لُوا۟ ٱلْقُرْبَىٰ وَٱلْيَتَٰمَىٰ وَٱلْمَسَٰكِينُ فَٱرْزُقُوهُم مِّنْهُ وَقُولُوا۟ لَهُمْ قَوْلًا مَّعْرُوفًا
此处 “其他亲属、孤儿和穷人” 指远亲、孤儿和穷人。由于他们不是死者的合法继承人, 无权接受他的财产。虽然此节经文没有规定给予他们合法的继承权, 但是劝勉穆斯林在订立遗嘱分配财产时, 给他们留出一部分财产。
By the words, other relations and orphans and the poor, are here meant those distant relatives and orphans and poor persons, who, being not included among the deceased’s legal 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 Muslims, while making a will about the division of their property, to set apart a portion of it for them.
La-hum may also mean, in their favour.
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.
313
此处 “其他亲属、孤儿和穷人” 指远亲、孤儿和穷人。由于他们不是死者的合法继承人, 无权接受他的财产。虽然此节经文没有规定给予他们合法的继承权, 但是劝勉穆斯林在订立遗嘱分配财产时, 给他们留出一部分财产。
491
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.
571
By the words, other relations and orphans and the poor, are here meant those distant relatives and orphans and poor persons, who, being not included among the deceased’s legal 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 Muslims, while making a will about the division of their property, to set apart a portion of it for them.
571A
La-hum may also mean, in their favour.
وَلْيَخْشَ ٱلَّذِينَ لَوْ تَرَكُوا۟ مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَٰفًا خَافُوا۟ عَلَيْهِمْ فَلْيَتَّقُوا۟ ٱللَّهَ وَلْيَقُولُوا۟ قَوْلًا سَدِيدًا
سَدِیْد کے معنے صرف سچ کے نہیں ہوتے بلکہ یہ معنے بھی اس میں شامل ہیں کہ کوئی فریب یا اِخفا اس میں نہ ہو۔
The verse contains a strong and highly forceful appeal in favour of the orphans.
Commentary:
The verse contains a strong and highly forceful appeal in favour of orphans. Those to whom the guardianship of orphans is entrusted are told to imagine just how they would feel if they knew that they were to die leaving behind little children and no one to take care of them. The implication is that they should treat their wards as kindly as they would like their own little children to be treated in case of their own death.
1
سَدِیْد کے معنے صرف سچ کے نہیں ہوتے بلکہ یہ معنے بھی اس میں شامل ہیں کہ کوئی فریب یا اِخفا اس میں نہ ہو۔
492
Commentary:
The verse contains a strong and highly forceful appeal in favour of orphans. Those to whom the guardianship of orphans is entrusted are told to imagine just how they would feel if they knew that they were to die leaving behind little children and no one to take care of them. The implication is that they should treat their wards as kindly as they would like their own little children to be treated in case of their own death.
572
The verse contains a strong and highly forceful appeal in favour of the orphans.
إِنَّ ٱلَّذِينَ يَأْكُلُونَ أَمْوَٰلَ ٱلْيَتَٰمَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَارًا ۖ وَسَيَصْلَوْنَ سَعِيرًا
4:3.
See 4:3.
See 4:3.
Important Words:
یصلون (burn) is derived from صلی. They say صلی اللحم i.e. he roasted the meat. صلی الشیء means, he threw the thing into the fire to be burned. صلی النار means, he felt the burning heat of the fire, or he entered the fire and was burnt (Aqrab).
Commentary:
The words, into their bellies, in the clause, (they) only swallow fire into their bellies, though seemingly superfluous are not really so. They have been added to point out that the fire which they swallow will, as it were, become a part of their bodies and continue as a constant source of burning.
a
4:3.
a
See 4:3.
493
Important Words:
یصلون (burn) is derived from صلی. They say صلی اللحم i.e. he roasted the meat. صلی الشیء means, he threw the thing into the fire to be burned. صلی النار means, he felt the burning heat of the fire, or he entered the fire and was burnt (Aqrab).
Commentary:
The words, into their bellies, in the clause, (they) only swallow fire into their bellies, though seemingly superfluous are not really so. They have been added to point out that the fire which they swallow will, as it were, become a part of their bodies and continue as a constant source of burning.
a
See 4:3.
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا
4:177.
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
4:177.
Father and mother both (Lane).
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be
4:177.
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
314
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
b
4:177.
494
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
573
Father and mother both (Lane).
574
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
574A
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ ۚ وَصِيَّةً مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌ
4:177.
كَلَالَةْ (Kalalah) 是 (1) 一个身后没有父母, 也没有子女的人; (2) 一个既没有父亲, 也没有儿子的人。根据伊本•阿巴斯的解释, 他是一个没有儿子的人, 不管他的父亲是否活着。因此这里是该词的第三个词义 (Lane & مُفْرَدَات, Mufradat) Kalalah 的兄弟姐妹归三类: 第一类, 真正的兄弟姐妹--------同父母的子女 (这类兄弟姐妹从法律方面说称之为 اَعْيَانِی --------A‘yani); 第二类, 单属父亲一方的兄弟姐妹, 这类兄弟姐妹 (法律上称之为 عَلَّاتِی --------‘Allati); 第三类, 单属母亲一方的兄弟姐妹, 他 (她) 们的父亲与死者的父亲不是同一父亲 (这类兄弟姐妹法律上称之为 اَخْيَافِی --------Akhyafi)。在本节经文中所列举的指令正是属于上述最后一类;关于前两类兄弟姐妹的法律将在本章的最后一节经文中提到。分配给上述最后一类兄弟姐妹的份额比分配给前二类兄弟姐妹的份额要少, 理由是这一类兄弟姐妹单属母亲一方, 而另两类兄弟姐妹则属于与死者同一父亲的子女。在作为 كَلَالَةْ (Kalalah) 死去的人的财产中, 兄弟姐妹享有相等的分配份额, 在此情况下, 通常不按二比一之比例。
“不要立意损害任何人” 这句话很重要。意思是偿还债务不应由于分配遗产而受到损害。换句话说, 在分配遗产之前要先偿还债务。
کلالہ کے جن بہن بھائیوں کے وارث ہونے کی صورت بیان کی گئی ہے‘ وہ بہن بھائی ہیں جو ماں کی طرف سے ہوں۔
4:177.
Kalalah is (1) a person who leaves behind neither parent nor child, male or female; (2) a person who leaves behind neither father nor son. According to Ibn-e-‘Abbas he 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 the word (Lane & Mufradat). The brothers and sisters of a Kalalah fall under three heads: first, real brothers or sisters—offspring of the same parents (such brothers or sisters are technically known as A‘yani): secondly, brothers and sisters on the side of the father only (these are technically known as ‘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 are technically called 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 having been given i
The words. "without intent to cause injury to any one" 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.
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.
a
4:177.
315
كَلَالَةْ (Kalalah) 是 (1) 一个身后没有父母, 也没有子女的人; (2) 一个既没有父亲, 也没有儿子的人。根据伊本•阿巴斯的解释, 他是一个没有儿子的人, 不管他的父亲是否活着。因此这里是该词的第三个词义 (Lane & مُفْرَدَات, Mufradat) Kalalah 的兄弟姐妹归三类: 第一类, 真正的兄弟姐妹--------同父母的子女 (这类兄弟姐妹从法律方面说称之为 اَعْيَانِی --------A‘yani); 第二类, 单属父亲一方的兄弟姐妹, 这类兄弟姐妹 (法律上称之为 عَلَّاتِی --------‘Allati); 第三类, 单属母亲一方的兄弟姐妹, 他 (她) 们的父亲与死者的父亲不是同一父亲 (这类兄弟姐妹法律上称之为 اَخْيَافِی --------Akhyafi)。在本节经文中所列举的指令正是属于上述最后一类;关于前两类兄弟姐妹的法律将在本章的最后一节经文中提到。分配给上述最后一类兄弟姐妹的份额比分配给前二类兄弟姐妹的份额要少, 理由是这一类兄弟姐妹单属母亲一方, 而另两类兄弟姐妹则属于与死者同一父亲的子女。在作为 كَلَالَةْ (Kalalah) 死去的人的财产中, 兄弟姐妹享有相等的分配份额, 在此情况下, 通常不按二比一之比例。
316
“不要立意损害任何人” 这句话很重要。意思是偿还债务不应由于分配遗产而受到损害。换句话说, 在分配遗产之前要先偿还债务。
1
کلالہ کے جن بہن بھائیوں کے وارث ہونے کی صورت بیان کی گئی ہے‘ وہ بہن بھائی ہیں جو ماں کی طرف سے ہوں۔
a
4:177.
495
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.
a
4:177.
575
Kalalah is (1) a person who leaves behind neither parent nor child, male or female; (2) a person who leaves behind neither father nor son. According to Ibn-e-‘Abbas he 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 the word (Lane & Mufradat). The brothers and sisters of a Kalalah fall under three heads: first, real brothers or sisters—offspring of the same parents (such brothers or sisters are technically known as A‘yani): secondly, brothers and sisters on the side of the father only (these are technically known as ‘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 are technically called 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 having been given i
575A
The words. "without intent to cause injury to any one" 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.
تِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُۥ يُدْخِلْهُ جَنَّٰتٍ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَٰرُ خَٰلِدِينَ فِيهَا ۚ وَذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ
b
3:133; 8:21; 33:72.
c
2:26.
a
3:133; 8:21; 33:72.
b
See 2:26.
a
3:133; 8:21; 33:72.
b
See 2:26.
يَسْتَفْتُونَكَ قُلِ ٱللَّهُ يُفْتِيكُمْ فِى ٱلْكَلَٰلَةِ ۚ إِنِ ٱمْرُؤٌا۟ هَلَكَ لَيْسَ لَهُۥ وَلَدٌ وَلَهُۥٓ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌ ۚ فَإِن كَانَتَا ٱثْنَتَيْنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِن كَانُوٓا۟ إِخْوَةً رِّجَالًا وَنِسَآءً فَلِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۗ يُبَيِّنُ ٱللَّهُ لَكُمْ أَن تَضِلُّوا۟ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌۢ
4:12.
4:27.
4:13.
4:13 经文谈及一种 كَلَالَةْ (Kalalah, 身后无父母子女者), 只有母方的兄弟和姐妹。本节中述及另一种 كَلَالَةْ (身后无父母子女者) 他既有父方的又有母方的兄弟和姐妹, 或者只有父方的。把现在注释的经文同4:13经文比较一下, 就清楚地可以看出, 前一种兄弟姐妹分得的份量比后一种要少的明显理由。
这部分继承法刻意与4:12, 13经文中述及的法律分开来处理。«古兰经» 在详细论述犹太人针对伊撒的攻击以后, 在本章末尾又回到 كَلَالَةْ (Kalalah, 身后无父母子女者) 这个论题上来。这样, {除了使有关 كَلَالَةْ (Kalalah) 的法律完整以外} 要求人们注意伊撒在精神上的无继承性, 他在某种意义上说, 也是一个 كَلَالَةْ (Kalalah)。伊撒是在没有父亲的媒介下出生的, 他死后没有精神继承人。伊本, 阿巴斯给 كَلَالَةْ (Kalalah) 下的定义是一个没有子女的人。伊撒在精神上是 كَلَالَةْ (Kalalah), 因为他死后没有精神继承人。
میرے ایک استاد کہا کرتے تھے کہ اس جگہ کلالہ سے مراد مسیحؑ ہے کیونکہ اوپر انہی کا ذکر ہے۔ واللہ اعلم بالصواب۔
کلالہ کے ورثہ کی تقسیم کے متعلق ایک حکم سورۃ نساء کی آیت۱۳ میں گزر چکا ہے۔ اس جگہ کلالہ کے ورثہ کی تقسیم کا جو مسئلہ بیان کیا گیا ہے‘ وہ پہلے سے مختلف ہے۔ سورۃ نساء کی آیت۱۳ میں یہ ذکر تھا کہ اگر کلالہ مر جائے اس کے بہن بھائی ماں کی طرف سے ہوں تو ان کو ۶ / ۱ یا ۳ / ۱ ملے گا۔ لیکن اِس جگہ اس کلالہ کا ذکر ہے جس کے بہن بھائی ماں اور باپ دونوں کی طرف سے ہوں یا صرف باپ کی طرف سے۔
4:12.
4:27.
4:13.
In 4:13 mention was made of one kind of Kalalah who leaves behind neither a parent nor an offspring and who has brothers and sisters from the side of mother only. The present verse refers to a Kalalah who has brothers and sisters from both his parents, or from the side of his father only. By comparing the verse under comment with 4:13 it becomes clear that for obvious reasons the share allotted to the former class of brothers and sisters is less than that allotted to those of the latter class.
This part of the law of inheritance has been purposely treated separately from the law dealt with in 4:12, 13. After dealing at some length with the charges levelled against Jesus by the Jews, the Qur’an reverts to the subject of Kalalah at the end of the Surah, thus seeking (beside completing the law relating to Kalalah) to draw attention to the spiritual heirlessness of Jesus who in a sense was also a Kalalah. Jesus was born without the agency of a father, and he
4:13.
4:12.
4:27.
Important Words:
For the meaning of the word کلالة see 4:13.
Commentary:
ولد (child) means, child or children whether male or female, but as کلالة (kalalah) means, one having no child and no parent, the words ولا والد (and neither parent) may be taken as being understood after the words لیس له ولد. The word اثنتین (lit. two) here means two or more sisters. This meaning is supported by a verdict of the Holy Prophet in which he applied this verse to the case of Jabir who died, leaving seven sisters (Jarir, vi. 24). The word اخوة (brethren) here includes sisters and brothers both, as the words رجالا و نساء (both men and women), forming case in apposition with اخوة indicate.
This verse, placed as it is in between the verses dealing with the Christians and their false doctrines, appears to be rather misplaced. But as the following note will show, it is very fittingly placed here, furnishing a striking proof of the Quran as well as its present arrangement being the work of God.
In 4:13 mention was made of one kind of Kalalah (one who leaves behind neither a parent nor an offspring) who had brothers and sisters from the side of his mother only. The present verse refers to a Kalalah who has brothers and sisters from both his parents, or from the side of his father only. By comparing the verse under comment with 4:13 it becomes clear that for obvious reasons the share allotted to the former class of brothers and sisters is less than that allotted to those of the latter class.
This part of the law of inheritance has been purposely treated separately from the main portion of the law dealt with in 4:12, 13 in the beginning of the Surah. The object in doing so is not far to seek. After dealing at some length with the charges levelled against Jesus by the Jews and clearing his position, the Quran reverts to the subject of Kalalah at the end of the Surah, thus seeking (beside completing the law relating to Kalalah) to draw, by a most fitting parable, our attention to the spiritual heirlessness of Jesus who, in a sense, was also a Kalalah. He was born without the agency of a father, and he left behind no spiritual successor to succeed him in his prophetic office, which was, after his death, inherited by the Ishmaelites. In this case the words, If a man dies, leaving no child, may also signify that Jesus was a Kalalah, not in the sense that spiritually speaking he had neither parents nor child, but in the restricted sense that he had no child. See 4:13 under Important Words where Ibn ‘Abbas defines a Kalalah as simply one who leaves no child. Thus Jesus was spiritually a Kalalah in the sense that he left behind no spiritual successor. Compare also the prophecy, "I will raise them a prophet from among their brethren" (Deut. 18:18).
a
4:12.
b
4:27.
e
4:13.
367
4:13 经文谈及一种 كَلَالَةْ (Kalalah, 身后无父母子女者), 只有母方的兄弟和姐妹。本节中述及另一种 كَلَالَةْ (身后无父母子女者) 他既有父方的又有母方的兄弟和姐妹, 或者只有父方的。把现在注释的经文同4:13经文比较一下, 就清楚地可以看出, 前一种兄弟姐妹分得的份量比后一种要少的明显理由。
这部分继承法刻意与4:12, 13经文中述及的法律分开来处理。«古兰经» 在详细论述犹太人针对伊撒的攻击以后, 在本章末尾又回到 كَلَالَةْ (Kalalah, 身后无父母子女者) 这个论题上来。这样, {除了使有关 كَلَالَةْ (Kalalah) 的法律完整以外} 要求人们注意伊撒在精神上的无继承性, 他在某种意义上说, 也是一个 كَلَالَةْ (Kalalah)。伊撒是在没有父亲的媒介下出生的, 他死后没有精神继承人。伊本, 阿巴斯给 كَلَالَةْ (Kalalah) 下的定义是一个没有子女的人。伊撒在精神上是 كَلَالَةْ (Kalalah), 因为他死后没有精神继承人。
1
میرے ایک استاد کہا کرتے تھے کہ اس جگہ کلالہ سے مراد مسیحؑ ہے کیونکہ اوپر انہی کا ذکر ہے۔ واللہ اعلم بالصواب۔
کلالہ کے ورثہ کی تقسیم کے متعلق ایک حکم سورۃ نساء کی آیت۱۳ میں گزر چکا ہے۔ اس جگہ کلالہ کے ورثہ کی تقسیم کا جو مسئلہ بیان کیا گیا ہے‘ وہ پہلے سے مختلف ہے۔ سورۃ نساء کی آیت۱۳ میں یہ ذکر تھا کہ اگر کلالہ مر جائے اس کے بہن بھائی ماں کی طرف سے ہوں تو ان کو ۶ / ۱ یا ۳ / ۱ ملے گا۔ لیکن اِس جگہ اس کلالہ کا ذکر ہے جس کے بہن بھائی ماں اور باپ دونوں کی طرف سے ہوں یا صرف باپ کی طرف سے۔
a
4:13.
b
4:12.
c
4:27.
639
Important Words:
For the meaning of the word کلالة see 4:13.
Commentary:
ولد (child) means, child or children whether male or female, but as کلالة (kalalah) means, one having no child and no parent, the words ولا والد (and neither parent) may be taken as being understood after the words لیس له ولد. The word اثنتین (lit. two) here means two or more sisters. This meaning is supported by a verdict of the Holy Prophet in which he applied this verse to the case of Jabir who died, leaving seven sisters (Jarir, vi. 24). The word اخوة (brethren) here includes sisters and brothers both, as the words رجالا و نساء (both men and women), forming case in apposition with اخوة indicate.
This verse, placed as it is in between the verses dealing with the Christians and their false doctrines, appears to be rather misplaced. But as the following note will show, it is very fittingly placed here, furnishing a striking proof of the Quran as well as its present arrangement being the work of God.
In 4:13 mention was made of one kind of Kalalah (one who leaves behind neither a parent nor an offspring) who had brothers and sisters from the side of his mother only. The present verse refers to a Kalalah who has brothers and sisters from both his parents, or from the side of his father only. By comparing the verse under comment with 4:13 it becomes clear that for obvious reasons the share allotted to the former class of brothers and sisters is less than that allotted to those of the latter class.
This part of the law of inheritance has been purposely treated separately from the main portion of the law dealt with in 4:12, 13 in the beginning of the Surah. The object in doing so is not far to seek. After dealing at some length with the charges levelled against Jesus by the Jews and clearing his position, the Quran reverts to the subject of Kalalah at the end of the Surah, thus seeking (beside completing the law relating to Kalalah) to draw, by a most fitting parable, our attention to the spiritual heirlessness of Jesus who, in a sense, was also a Kalalah. He was born without the agency of a father, and he left behind no spiritual successor to succeed him in his prophetic office, which was, after his death, inherited by the Ishmaelites. In this case the words, If a man dies, leaving no child, may also signify that Jesus was a Kalalah, not in the sense that spiritually speaking he had neither parents nor child, but in the restricted sense that he had no child. See 4:13 under Important Words where Ibn ‘Abbas defines a Kalalah as simply one who leaves no child. Thus Jesus was spiritually a Kalalah in the sense that he left behind no spiritual successor. Compare also the prophecy, "I will raise them a prophet from among their brethren" (Deut. 18:18).
a
4:12.
b
4:27.
c
4:13.
715
In 4:13 mention was made of one kind of Kalalah who leaves behind neither a parent nor an offspring and who has brothers and sisters from the side of mother only. The present verse refers to a Kalalah who has brothers and sisters from both his parents, or from the side of his father only. By comparing the verse under comment with 4:13 it becomes clear that for obvious reasons the share allotted to the former class of brothers and sisters is less than that allotted to those of the latter class.
This part of the law of inheritance has been purposely treated separately from the law dealt with in 4:12, 13. After dealing at some length with the charges levelled against Jesus by the Jews, the Qur’an reverts to the subject of Kalalah at the end of the Surah, thus seeking (beside completing the law relating to Kalalah) to draw attention to the spiritual heirlessness of Jesus who in a sense was also a Kalalah. Jesus was born without the agency of a father, and he
وَٱلَّذِينَ ءَامَنُوا۟ مِنۢ بَعْدُ وَهَاجَرُوا۟ وَجَٰهَدُوا۟ مَعَكُمْ فَأُو۟لَٰٓئِكَ مِنكُمْ ۚ وَأُو۟لُوا۟ ٱلْأَرْحَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ فِى كِتَٰبِ ٱللَّهِ ۗ إِنَّ ٱللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌۢ
33:7.
33:7.
As all Muslims are declared to be brothers, one to another, in verse 73 and the Holy Prophet had established at Medina a sort of brotherhood between the Refugees and the Helpers, the misunderstanding might have arisen that they could inherit one another’s property; so it is enjoined here that blood relations alone are entitled to inheritance and other Muslims are only brothers in Faith and not heirs.
Important Words:
اولی (nearer) means more entitled or having a better right or more deserving or more worthy. It also means, more regardful or more considerate. See 4:136.
Commentary:
The verse purports to say that the promise of "forgiveness and honourable provision" given to migrants (see preceding verse) is not confined to the early migrants only. It extends to the later migrants also and is meant to continue while persecution or, for that matter, sincerity of faith continues.
The verse also gives another injunction. As all Muslims were declared to be brothers one to another (8:73), some persons might have been led to think that they might also inherit one another’s property; so the verse fittingly declares that only blood relations are entitled to inheritance and that other Muslims are only brothers in faith, but not heirs.
b
33:7.
a
33:71163
Important Words:
اولی (nearer) means more entitled or having a better right or more deserving or more worthy. It also means, more regardful or more considerate. See 4:136.
Commentary:
The verse purports to say that the promise of "forgiveness and honourable provision" given to migrants (see preceding verse) is not confined to the early migrants only. It extends to the later migrants also and is meant to continue while persecution or, for that matter, sincerity of faith continues.
The verse also gives another injunction. As all Muslims were declared to be brothers one to another (8:73), some persons might have been led to think that they might also inherit one another’s property; so the verse fittingly declares that only blood relations are entitled to inheritance and that other Muslims are only brothers in faith, but not heirs.
a
33:7.
1149
As all Muslims are declared to be brothers, one to another, in verse 73 and the Holy Prophet had established at Medina a sort of brotherhood between the Refugees and the Helpers, the misunderstanding might have arisen that they could inherit one another’s property; so it is enjoined here that blood relations alone are entitled to inheritance and other Muslims are only brothers in Faith and not heirs.
ٱلنَّبِىُّ أَوْلَىٰ بِٱلْمُؤْمِنِينَ مِنْ أَنفُسِهِمْ ۖ وَأَزْوَٰجُهُۥٓ أُمَّهَٰتُهُمْ ۗ وَأُو۟لُوا۟ ٱلْأَرْحَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ فِى كِتَٰبِ ٱللَّهِ مِنَ ٱلْمُؤْمِنِينَ وَٱلْمُهَٰجِرِينَ إِلَّآ أَن تَفْعَلُوٓا۟ إِلَىٰٓ أَوْلِيَآئِكُم مَّعْرُوفًا ۚ كَانَ ذَٰلِكَ فِى ٱلْكِتَٰبِ مَسْطُورًا
8:76.
如果对以上第六节经文中所含的命令有所误解, 就可以产生一种模棱两可的解释。本节经文为此加以说明, 那节经文中告诫信者们以他们父亲的姓氏呼唤他们, 而在本节经文中, 穆圣按其含意, 已被称为信者之父。上节经文提到血亲关系, 而现在注释的这节经文提到穆圣与信者之间的精神关系。
通过穆圣作为精神父亲的身份所形成的伊斯兰教内的兄弟关系, 也许造成了穆斯林中可以相互继承财产的这一错觉。本节经文试图消除这种错觉, 规定只有血亲关系可以相互继承, 并且在血亲关系中只有信者们可以继承, 而不信的人是不准继承他们信仰的亲属的。本节经文也废除了麦加的移居者在来到麦地那后与麦地那的非血亲之间所建立的那种形式的兄弟关系, 按照那样的关系, 一个 “移居者” 甚至就会继承一个 “非血亲” 所留下的财产。那种兄弟关系不过是一个临时措施而用来恢复来自麦加移居者的权利, 已不复存在; 而血亲关系, 不只是单独的信仰, 却成为确定继承和其他同样性质的事务中的决定因素。可是伊斯兰教内更广泛的兄弟关系依然继续存在, 并要求所有穆斯林之间都像亲兄弟一般相互对待。
اس سے مراد یہ ہے کہ اپنے رشتہ داروں کی جو باتیں بتانا انسان کے لئے جائز نہیں اور جن باتوں کو چھپانا انسان کے لئے جائز ہے اس سے بڑھ کر نبی کے معاملہ میں احتیاط کی ضرورت ہوتی ہے۔ اسی لئے اللہ تعالیٰ نے نبی کو باپ اور اس کی بیویوں کو مائیں قرار دیا ہے کیونکہ اگر اس طرح نبی اور اس کی بیویوں کو باقی مومنوں سے ممتاز درجہ نہ دیا جاتا تو جن باتوں کا چھپانا مقصود تھا وہ چھپائی نہ جاتیں اور جن باتوں کو ظاہر کرنا مقصود تھا وہ ظاہر نہ ہوتیں۔ تاریخ سے ثابت ہے کہ رسول کریم صلی اللہ علیہ وسلم کی بیویوں نے آپ کے کوئی حالات نہیں چھپائے۔ پس اس سے یہ مرادنہیں کہ نبی کوئی گناہ کرتا ہے جس ک
8:76.
The 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 after their fathers, in the present verse the Holy Prophet, by implication, has been called the father of the Faithful. The preceding verse speaks of blood-relationship but the verse under comment speaks of the spiritual relationship that subsists between the Holy Prophet and the Faithful.
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. The verse seeks to remove this misconception by laying down that only blood-relations can inherit each other and that from among the blood-relation only the believers can inherit, the disbelievers having been debarred from inheriting their believing relatives. The verse also abolishes that form of brotherhood which was established between the Emigrants of Mecca and the Helpers of Medina on the former’s arrival in Medina, according to which an "Emigrant" would even inherit the property left by an "Helper." That brotherhood, which was but a temporary measure and was adopted to rehabilitate the Emigrants 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 ex
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.
a
8:76.
1022
如果对以上第六节经文中所含的命令有所误解, 就可以产生一种模棱两可的解释。本节经文为此加以说明, 那节经文中告诫信者们以他们父亲的姓氏呼唤他们, 而在本节经文中, 穆圣按其含意, 已被称为信者之父。上节经文提到血亲关系, 而现在注释的这节经文提到穆圣与信者之间的精神关系。
1023
通过穆圣作为精神父亲的身份所形成的伊斯兰教内的兄弟关系, 也许造成了穆斯林中可以相互继承财产的这一错觉。本节经文试图消除这种错觉, 规定只有血亲关系可以相互继承, 并且在血亲关系中只有信者们可以继承, 而不信的人是不准继承他们信仰的亲属的。本节经文也废除了麦加的移居者在来到麦地那后与麦地那的非血亲之间所建立的那种形式的兄弟关系, 按照那样的关系, 一个 “移居者” 甚至就会继承一个 “非血亲” 所留下的财产。那种兄弟关系不过是一个临时措施而用来恢复来自麦加移居者的权利, 已不复存在; 而血亲关系, 不只是单独的信仰, 却成为确定继承和其他同样性质的事务中的决定因素。可是伊斯兰教内更广泛的兄弟关系依然继续存在, 并要求所有穆斯林之间都像亲兄弟一般相互对待。
1
اس سے مراد یہ ہے کہ اپنے رشتہ داروں کی جو باتیں بتانا انسان کے لئے جائز نہیں اور جن باتوں کو چھپانا انسان کے لئے جائز ہے اس سے بڑھ کر نبی کے معاملہ میں احتیاط کی ضرورت ہوتی ہے۔ اسی لئے اللہ تعالیٰ نے نبی کو باپ اور اس کی بیویوں کو مائیں قرار دیا ہے کیونکہ اگر اس طرح نبی اور اس کی بیویوں کو باقی مومنوں سے ممتاز درجہ نہ دیا جاتا تو جن باتوں کا چھپانا مقصود تھا وہ چھپائی نہ جاتیں اور جن باتوں کو ظاہر کرنا مقصود تھا وہ ظاہر نہ ہوتیں۔ تاریخ سے ثابت ہے کہ رسول کریم صلی اللہ علیہ وسلم کی بیویوں نے آپ کے کوئی حالات نہیں چھپائے۔ پس اس سے یہ مرادنہیں کہ نبی کوئی گناہ کرتا ہے جس ک
a
8:76.
3079
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.
a
8:76.
2332
The 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 after their fathers, in the present verse the Holy Prophet, by implication, has been called the father of the Faithful. The preceding verse speaks of blood-relationship but the verse under comment speaks of the spiritual relationship that subsists between the Holy Prophet and the Faithful.
2333
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. The verse seeks to remove this misconception by laying down that only blood-relations can inherit each other and that from among the blood-relation only the believers can inherit, the disbelievers having been debarred from inheriting their believing relatives. The verse also abolishes that form of brotherhood which was established between the Emigrants of Mecca and the Helpers of Medina on the former’s arrival in Medina, according to which an "Emigrant" would even inherit the property left by an "Helper." That brotherhood, which was but a temporary measure and was adopted to rehabilitate the Emigrants 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 ex