تَرَکَ
Appears 9 times in Quran
Occurrences in Quran
Found 9 verses containing "تَرَکَ".
کُتِبَ عَلَیۡکُمۡ اِذَا حَضَرَ اَحَدَکُمُ الۡمَوۡتُ اِنۡ تَرَکَ خَیۡرَۨا الۡوَصِیَّۃُ لِلۡوٰلِدَیۡنِ وَالۡاَقۡرَبِیۡنَ بِالۡمَعۡرُوۡفِ ۖ حَقًّا عَلَی الۡمُتَّقِیۡنَ
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
وَقَالَ لَہُمۡ نَبِیُّہُمۡ اِنَّ اٰیَۃَ مُلۡکِہٖۤ اَنۡ یَّاۡتِیَکُمُ التَّابُوۡتُ فِیۡہِ سَکِیۡنَۃٌ مِّنۡ رَّبِّکُمۡ وَبَقِیَّۃٌ مِّمَّا تَرَکَ اٰلُ مُوۡسٰی وَاٰلُ ہٰرُوۡنَ تَحۡمِلُہُ الۡمَلٰٓئِکَۃُ ۚ اِنَّ فِیۡ ذٰلِکَ لَاٰیَۃً لَّکُمۡ اِنۡ کُنۡتُمۡ مُّؤۡمِنِیۡنَ
تَابُوْت (Tabut) 意指: (1) 箱子或盒子; (2) 胸腔、胸部、腹部或肋骨以及他们内部包含的。例如, 心脏等等的东西 (Lane); (3) 心即知识、智慧和宁静的储藏室 (مُفْرَدَات, Mufradat)。注释者们对 تَابُوْت (Tabut) 这个字的意义有不同看法。«圣经»中把它作 “方舟” 或 “约柜” 解, 但是 «古兰经» 中的描述肯定地表明, 此间这字的意义是 “心” 或 “腹”。这节经文描写 تَابُوْت 这个字说, “从养主那里来的宁静的心境; ”不能用作 “一只方舟” 解; 因为, «圣经» 中谈及的那只方舟, 非但不能给别人以和平和宁静, 而且也不能保护以色列人不遭受失败, 也不能保护它自己, 因为被敌人带走了。即使在各次战役中带着方舟走的扫罗 (Saul), 也屡受惨败, 连敌人也觉得他可怜, 最后遭遇到不光采的结局。这样的一只方舟从未能使古以色列人有什么宁静。安拉赐给他们的是充满了勇气和毅力的心, 因此, 在所述及的宁静的心境降给他们之后, 他们成功地抵御了敌人的攻击, 并使他们遭到沉重的失败。
安拉给以色列人的另一恩赐, 在传下来的 “精神遗物”一词中谈及。安拉使他们心里充满高贵品质, 这是他们的祖先穆撒 (摩西) 和哈融 (哈伦) 子孙的特点。穆撒和哈融的子孙传下来的, 不是物质的东西, 而是他们伟大的祖先作为遗产传给他们的良好道德品质。
تَابُوْت کے عام معنے تو صندوق کے اور کشتی کے ہوتے ہیں (اقرب) لیکن استعارۃ ً اسے دل کے معنٰی میں بھی استعمال کیا جاتا ہے۔ مفردات راغب میں ہے قِیْلَ عِبَارَۃٌ عَنِ الْقَلْبِ وَالسَّکِیْنَۃِ وَ عَمَّا فِیْہِ مِنَ الْعِلْمِ یعنی کبھی لفظ تابوت کو استعارۃ ًدل کے معنے میں بھی استعمال کیا جاتا ہے۔ الفاظ قرآنیہ صاف دلالت کر رہے ہیں کہ اس جگہ تابوت سے مراد دل ہے۔ کیونکہ فرماتا ہے۔ اس تابوت میں تمہارے رب کی طرف سے سکینت ہے۔ اب یہ ظاہر ہے کہ سکینت دل میں ہوتی ہے نہ کہ صندوقوں میں۔ اسی طرح اس تابوت کے متعلق فرماتا ہے تَحْمِلُہُ الْمَلٰٓئِکَۃُ فرشتے اسے اٹھائے ہ
Tabut means, (1) a chest or box; (2) chest or breast or bosom or the ribs with what they contain, as the heart, etc. (Lane); (3) the heart which is the storehouse of knowledge, wisdom and peace (Mufradat). Commentators have differed about the significance of the word Tabut and the Bible mentions it as an ark or chest, and the description given in the Qur’an definitely shows that the word has been used here in the sense of "heart" or "bosom." The description of the Tabut in the verse "wherein there will be tranquillity from your Lord" cannot apply to an ark; for, far from granting peace and tranquillity to others, the ark spoken of by the Bible could neither protect the Israelites against defeat nor could it protect itself, as it was carried away by the enemy. Even Saul who took with him the ark during his campaigns suffered crushing defeats, so much so that even the enemy pitied him and he met with an ignominious end. Such an ark could not be a source of tranquillity to the Israelite
Another favour which God conferred on the Israelites is referred to in the word "legacy." God imbued their hearts with the noble qualities, which characterised their ancestors, the descendants of Moses and Aaron. The legacy left by the descendants of Moses and Aaron did not consist in any material things but meant the good moral qualities with which they were endowed as the heritage of their great ancestors.
Important Words:
التابوت (heart) is derived from تاب i.e. he returned; he returned to God; he repented; he left off the way of sin and began to tread the path of rectitude. التابوت means: (1) a chest or box, as things are repeatedly taken out of, and returned to, it; (2) a coffin or a bier; (3) chest or breast or bosom or the ribs with what they contain, as the heart, etc. (Lane); (4) the heart which is the storehouse of knowledge, wisdom and peace (Mufradat).
سکینة (tranquillity) is derived from سکن i.e. it became calm and tranquil. سکینة means, peace, tranquillity, calmness, freedom from agitation and disturbance (Aqrab & Lane).
بقیة (legacy) is derived from بقی i.e. he or it remained behind; or he or it continued or lasted for long or forever. بقیة means, that which remains behind, i.e. legacy; remainder; remains; remnant; residue; relic; the best portion of a thing, as it is always the best part of a thing that survives. فلان بقیة القوم means, such a one is the best and the most excellent of the party (Lane).
Commentary:
Though commentators have differed about the significance of the word تابوت and the Bible mentions it as an "ark" or chest, the description of the Quran definitely shows that the word has been used here in the sense of "heart" or "bosom.'' The words of the Quran are: wherein there will be tranquillity from your Lord. Now this description cannot apply to an ark or a chest; for, far from granting peace and tranquillity to others, the ark spoken of by the Bible could neither protect the Israelites against defeat nor could it protect itself, and was carried away by the enemy. Even Saul who took with him the ark during his campaigns, suffered crushing defeats, so much so that even the enemy pitied him and he met with an ignominious end. Such an ark could not be a source of tranquillity to the Israelites. What God gave them was a heart full of tranquillity which was aided by angels who buoyed up the Israelites and filled their hearts with courage and perseverance so that, after the coming of the said tranquillity, they successfully resisted the attacks of the enemy and inflicted heavy defeats on them.
Another favour which God conferred on the Israelites has been referred to in the word بقیة or legacy. God imbued their hearts with the noble qualities which characterized their ancestors, the people or the descendants of Moses and Aaron. The legacy left by the descendants of Moses and Aaron did not consist of any material things but referred to the good qualities which they were given as the heritage of their great ancestors. This heritage was similar to the one to which reference has been made in the words, that (he) may be heir to me and to the House of Jacob (19: 7). Evidently, it is not a material heritage but a spiritual and moral heritage that is mentioned in this verse. Similarly, the followers of Gideon were imbued with a spiritual and moral بقیة i.e. such noble attributes of Moses and Aaron and their descendants as God had endowed them with. It was a sign that it was God Who had set up Gideon as king over the tribes of Israel so that he might protect them against the ravages of their enemy and breathe into them a martial spirit, a work which saw its consummation in the days of David.
192
تَابُوْت (Tabut) 意指: (1) 箱子或盒子; (2) 胸腔、胸部、腹部或肋骨以及他们内部包含的。例如, 心脏等等的东西 (Lane); (3) 心即知识、智慧和宁静的储藏室 (مُفْرَدَات, Mufradat)。注释者们对 تَابُوْت (Tabut) 这个字的意义有不同看法。«圣经»中把它作 “方舟” 或 “约柜” 解, 但是 «古兰经» 中的描述肯定地表明, 此间这字的意义是 “心” 或 “腹”。这节经文描写 تَابُوْت 这个字说, “从养主那里来的宁静的心境; ”不能用作 “一只方舟” 解; 因为, «圣经» 中谈及的那只方舟, 非但不能给别人以和平和宁静, 而且也不能保护以色列人不遭受失败, 也不能保护它自己, 因为被敌人带走了。即使在各次战役中带着方舟走的扫罗 (Saul), 也屡受惨败, 连敌人也觉得他可怜, 最后遭遇到不光采的结局。这样的一只方舟从未能使古以色列人有什么宁静。安拉赐给他们的是充满了勇气和毅力的心, 因此, 在所述及的宁静的心境降给他们之后, 他们成功地抵御了敌人的攻击, 并使他们遭到沉重的失败。
193
安拉给以色列人的另一恩赐, 在传下来的 “精神遗物”一词中谈及。安拉使他们心里充满高贵品质, 这是他们的祖先穆撒 (摩西) 和哈融 (哈伦) 子孙的特点。穆撒和哈融的子孙传下来的, 不是物质的东西, 而是他们伟大的祖先作为遗产传给他们的良好道德品质。
1
تَابُوْت کے عام معنے تو صندوق کے اور کشتی کے ہوتے ہیں (اقرب) لیکن استعارۃ ً اسے دل کے معنٰی میں بھی استعمال کیا جاتا ہے۔ مفردات راغب میں ہے قِیْلَ عِبَارَۃٌ عَنِ الْقَلْبِ وَالسَّکِیْنَۃِ وَ عَمَّا فِیْہِ مِنَ الْعِلْمِ یعنی کبھی لفظ تابوت کو استعارۃ ًدل کے معنے میں بھی استعمال کیا جاتا ہے۔ الفاظ قرآنیہ صاف دلالت کر رہے ہیں کہ اس جگہ تابوت سے مراد دل ہے۔ کیونکہ فرماتا ہے۔ اس تابوت میں تمہارے رب کی طرف سے سکینت ہے۔ اب یہ ظاہر ہے کہ سکینت دل میں ہوتی ہے نہ کہ صندوقوں میں۔ اسی طرح اس تابوت کے متعلق فرماتا ہے تَحْمِلُہُ الْمَلٰٓئِکَۃُ فرشتے اسے اٹھائے ہ
255
Important Words:
التابوت (heart) is derived from تاب i.e. he returned; he returned to God; he repented; he left off the way of sin and began to tread the path of rectitude. التابوت means: (1) a chest or box, as things are repeatedly taken out of, and returned to, it; (2) a coffin or a bier; (3) chest or breast or bosom or the ribs with what they contain, as the heart, etc. (Lane); (4) the heart which is the storehouse of knowledge, wisdom and peace (Mufradat).
سکینة (tranquillity) is derived from سکن i.e. it became calm and tranquil. سکینة means, peace, tranquillity, calmness, freedom from agitation and disturbance (Aqrab & Lane).
بقیة (legacy) is derived from بقی i.e. he or it remained behind; or he or it continued or lasted for long or forever. بقیة means, that which remains behind, i.e. legacy; remainder; remains; remnant; residue; relic; the best portion of a thing, as it is always the best part of a thing that survives. فلان بقیة القوم means, such a one is the best and the most excellent of the party (Lane).
Commentary:
Though commentators have differed about the significance of the word تابوت and the Bible mentions it as an "ark" or chest, the description of the Quran definitely shows that the word has been used here in the sense of "heart" or "bosom.'' The words of the Quran are: wherein there will be tranquillity from your Lord. Now this description cannot apply to an ark or a chest; for, far from granting peace and tranquillity to others, the ark spoken of by the Bible could neither protect the Israelites against defeat nor could it protect itself, and was carried away by the enemy. Even Saul who took with him the ark during his campaigns, suffered crushing defeats, so much so that even the enemy pitied him and he met with an ignominious end. Such an ark could not be a source of tranquillity to the Israelites. What God gave them was a heart full of tranquillity which was aided by angels who buoyed up the Israelites and filled their hearts with courage and perseverance so that, after the coming of the said tranquillity, they successfully resisted the attacks of the enemy and inflicted heavy defeats on them.
Another favour which God conferred on the Israelites has been referred to in the word بقیة or legacy. God imbued their hearts with the noble qualities which characterized their ancestors, the people or the descendants of Moses and Aaron. The legacy left by the descendants of Moses and Aaron did not consist of any material things but referred to the good qualities which they were given as the heritage of their great ancestors. This heritage was similar to the one to which reference has been made in the words, that (he) may be heir to me and to the House of Jacob (19: 7). Evidently, it is not a material heritage but a spiritual and moral heritage that is mentioned in this verse. Similarly, the followers of Gideon were imbued with a spiritual and moral بقیة i.e. such noble attributes of Moses and Aaron and their descendants as God had endowed them with. It was a sign that it was God Who had set up Gideon as king over the tribes of Israel so that he might protect them against the ravages of their enemy and breathe into them a martial spirit, a work which saw its consummation in the days of David.
308
Tabut means, (1) a chest or box; (2) chest or breast or bosom or the ribs with what they contain, as the heart, etc. (Lane); (3) the heart which is the storehouse of knowledge, wisdom and peace (Mufradat). Commentators have differed about the significance of the word Tabut and the Bible mentions it as an ark or chest, and the description given in the Qur’an definitely shows that the word has been used here in the sense of "heart" or "bosom." The description of the Tabut in the verse "wherein there will be tranquillity from your Lord" cannot apply to an ark; for, far from granting peace and tranquillity to others, the ark spoken of by the Bible could neither protect the Israelites against defeat nor could it protect itself, as it was carried away by the enemy. Even Saul who took with him the ark during his campaigns suffered crushing defeats, so much so that even the enemy pitied him and he met with an ignominious end. Such an ark could not be a source of tranquillity to the Israelite
309
Another favour which God conferred on the Israelites is referred to in the word "legacy." God imbued their hearts with the noble qualities, which characterised their ancestors, the descendants of Moses and Aaron. The legacy left by the descendants of Moses and Aaron did not consist in any material things but meant the good moral qualities with which they were endowed as the heritage of their great ancestors.
لِّلرِّجَالِ نَصِیۡبٌ مِّمَّا تَرَکَ الۡوٰلِدَانِ وَالۡاَقۡرَبُوۡنَ وَلِلنِّسَآءِ نَصِیۡبٌ مِّمَّا تَرَکَ الۡوٰلِدَانِ وَالۡاَقۡرَبُوۡنَ مِمَّا قَلَّ مِنۡہُ اَوۡ کَثُرَ ۚ نَصِیۡبًا مَّفۡرُوۡضًا
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.
یُوۡصِیۡکُمُ اللّٰہُ فِیۡۤ اَوۡلٰدِکُمۡ ۖ لِلذَّکَرِ مِثۡلُ حَظِّ الۡاُنۡثَیَیۡنِ ۚ فَاِنۡ کُنَّ نِسَآءً فَوۡقَ اثۡنَتَیۡنِ فَلَہُنَّ ثُلُثَا مَا تَرَکَ ۖ وَاِنۡ کَانَتۡ وٰحِدَۃً فَلَہَا النِّصۡفُ ۚ وَلِاَبَوَیۡہِ لِکُلِّ وٰحِدٍ مِّنۡہُمَا السُّدُسُ مِمَّا تَرَکَ اِنۡ کَانَ لَہٗ وَلَدٌ ۚ فَاِنۡ لَّمۡ یَکُنۡ لَّہٗ وَلَدٌ وَّوَرِثَہٗۤ اَبَوَاہُ فَلِاُمِّہِ الثُّلُثُ ۚ فَاِنۡ کَانَ لَہٗۤ اِخۡوَۃٌ فَلِاُمِّہِ السُّدُسُ ۚ مِنۡۢ بَعۡدِ وَصِیَّۃٍ یُّوۡصِیۡ بِہَاۤ اَوۡ دَیۡنٍ ۗ اٰبَآؤُکُمۡ وَاَبۡنَآؤُکُمۡ لَا تَدۡرُوۡنَ اَیُّہُمۡ اَقۡرَبُ لَکُمۡ نَفۡعًا ۚ فَرِیۡضَۃً مِّنَ اللّٰہِ ۗ اِنَّ اللّٰہَ کَانَ عَلِیۡمًا حَکِیۡمًا
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
۞ وَلَکُمۡ نِصۡفُ مَا تَرَکَ اَزۡوٰجُکُمۡ اِنۡ لَّمۡ یَکُنۡ لَّہُنَّ وَلَدٌ ۚ فَاِنۡ کَانَ لَہُنَّ وَلَدٌ فَلَکُمُ الرُّبُعُ مِمَّا تَرَکۡنَ ۚ مِنۡۢ بَعۡدِ وَصِیَّۃٍ یُّوۡصِیۡنَ بِہَاۤ اَوۡ دَیۡنٍ ۚ وَلَہُنَّ الرُّبُعُ مِمَّا تَرَکۡتُمۡ اِنۡ لَّمۡ یَکُنۡ لَّکُمۡ وَلَدٌ ۚ فَاِنۡ کَانَ لَکُمۡ وَلَدٌ فَلَہُنَّ الثُّمُنُ مِمَّا تَرَکۡتُمۡ ۚ مِّنۡۢ بَعۡدِ وَصِیَّۃٍ تُوۡصُوۡنَ بِہَاۤ اَوۡ دَیۡنٍ ۗ وَاِنۡ کَانَ رَجُلٌ یُّوۡرَثُ کَلٰلَۃً اَوِ امۡرَاَۃٌ وَّلَہٗۤ اَخٌ اَوۡ اُخۡتٌ فَلِکُلِّ وٰحِدٍ مِّنۡہُمَا السُّدُسُ ۚ فَاِنۡ کَانُوۡۤا اَکۡثَرَ مِنۡ ذٰلِکَ فَہُمۡ شُرَکَآءُ فِی الثُّلُثِ ۚ مِنۡۢ بَعۡدِ وَصِیَّۃٍ یُّوۡصٰی بِہَاۤ اَوۡ دَیۡنٍ غَیۡرَ مُضَآرٍّ ۚ وَصِیَّۃً مِّنَ اللّٰہِ ۗ وَاللّٰہُ عَلِیۡمٌ حَلِیۡمٌ
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.
وَلِکُلٍّ جَعَلۡنَا مَوٰلِیَ مِمَّا تَرَکَ الۡوٰلِدَانِ وَالۡاَقۡرَبُوۡنَ ۚ وَالَّذِیۡنَ عَقَدَتۡ اَیۡمٰنُکُمۡ فَاٰتُوۡہُمۡ نَصِیۡبَہُمۡ ۚ اِنَّ اللّٰہَ کَانَ عَلٰی کُلِّ شَیۡءٍ شَہِیۡدًا
4:8.
اس آیت کے متعلق مفسرین لکھتے ہیں کہ عَقَدَتْ اَیْمَانُکُمْ میں اشارہ ایسے دوستوں کی طرف ہے جن کو حلیف بنا لیا گیا تھا یعنی قسموں سے اپنے بھائی قرار دیا گیا تھا۔ وہ پہلے وارث ہوتے تھے بعد میں رسول کریم صلی اللہ علیہ وسلم نے ان کو ورثہ سے محروم کر دیا۔ لیکن یہ معنے درست نہیں کیونکہ اس آیت میں تو عَقَدَتْ اَیْمَانُکُمْ والوں کو وارث قرار دیا ہے۔ پس منسوخی کا سوال ہی نہیں۔ اگر مفسرین کی بات مانی جائے تو پھر یہ معنے کرنے ہوں گے کہ اس آیت سے ان کو وارث قرار دیا گیا تھا۔ مگر حدیث نے ان کو غیر وارث قرار دے دیا یعنی حدیث قرآن کی ناسخ ہے اور یہ بات اکثر فقہاء کے نزدیک
4:8.
Mawali is the plural of Maula which among other things means, an heir.
Besides the meaning given in the text the words may mean: "To every one We have appointed heirs to what he leaves, they are the parents, the relations and those, with whom your oaths have ratified contracts. So give them their portion." The words may also be rendered as, "to everything which parents and relations leave We have appointed heirs, etc."
4:8.
Important Words:
موالی (heirs) is derived from ولی and is the plural of مولی which means, lord or chief; master or owner; son of a paternal uncle; or a relation such as a son of a paternal uncle and the like; a freedman whom the emancipator is bound to aid and whose property he inherits if he dies leaving no heir; a slave; emancipator of a slave; a neighbour; an ally; a friend or helper; a follower; a partner; an heir, etc. (Lane & Lisan).
Commentary:
The verse may also be rendered thus: "To every one We have appointed heirs to what he leaves. They are the parents, the relations and those with whom your oaths have ratified a contract. So give them their portion." Again, the verse may also be rendered as: "To everything which parents and relations leave we have appointed heirs, etc."
The words, with whom your oaths have ratified a contract, signify "spouses" embracing both husbands and wives. The pronoun "them" in the clause, so give them their portion, refers to, and stands for, the noun "heirs" in the opening clause.
a
4:8.
1
اس آیت کے متعلق مفسرین لکھتے ہیں کہ عَقَدَتْ اَیْمَانُکُمْ میں اشارہ ایسے دوستوں کی طرف ہے جن کو حلیف بنا لیا گیا تھا یعنی قسموں سے اپنے بھائی قرار دیا گیا تھا۔ وہ پہلے وارث ہوتے تھے بعد میں رسول کریم صلی اللہ علیہ وسلم نے ان کو ورثہ سے محروم کر دیا۔ لیکن یہ معنے درست نہیں کیونکہ اس آیت میں تو عَقَدَتْ اَیْمَانُکُمْ والوں کو وارث قرار دیا ہے۔ پس منسوخی کا سوال ہی نہیں۔ اگر مفسرین کی بات مانی جائے تو پھر یہ معنے کرنے ہوں گے کہ اس آیت سے ان کو وارث قرار دیا گیا تھا۔ مگر حدیث نے ان کو غیر وارث قرار دے دیا یعنی حدیث قرآن کی ناسخ ہے اور یہ بات اکثر فقہاء کے نزدیک
a
4:8.
511
Important Words:
موالی (heirs) is derived from ولی and is the plural of مولی which means, lord or chief; master or owner; son of a paternal uncle; or a relation such as a son of a paternal uncle and the like; a freedman whom the emancipator is bound to aid and whose property he inherits if he dies leaving no heir; a slave; emancipator of a slave; a neighbour; an ally; a friend or helper; a follower; a partner; an heir, etc. (Lane & Lisan).
Commentary:
The verse may also be rendered thus: "To every one We have appointed heirs to what he leaves. They are the parents, the relations and those with whom your oaths have ratified a contract. So give them their portion." Again, the verse may also be rendered as: "To everything which parents and relations leave we have appointed heirs, etc."
The words, with whom your oaths have ratified a contract, signify "spouses" embracing both husbands and wives. The pronoun "them" in the clause, so give them their portion, refers to, and stands for, the noun "heirs" in the opening clause.
c
4:8.
596
Mawali is the plural of Maula which among other things means, an heir.
597
Besides the meaning given in the text the words may mean: "To every one We have appointed heirs to what he leaves, they are the parents, the relations and those, with whom your oaths have ratified contracts. So give them their portion." The words may also be rendered as, "to everything which parents and relations leave We have appointed heirs, etc."
یَسۡتَفۡتُوۡنَکَ قُلِ اللّٰہُ یُفۡتِیۡکُمۡ فِی الۡکَلٰلَۃِ ۚ اِنِ امۡرُؤٌا ہَلَکَ لَیۡسَ لَہٗ وَلَدٌ وَّلَہٗۤ اُخۡتٌ فَلَہَا نِصۡفُ مَا تَرَکَ ۚ وَہُوَ یَرِثُہَاۤ اِنۡ لَّمۡ یَکُنۡ لَّہَا وَلَدٌ ۚ فَاِنۡ کَانَتَا اثۡنَتَیۡنِ فَلَہُمَا الثُّلُثَانِ مِمَّا تَرَکَ ۚ وَاِنۡ کَانُوۡۤا اِخۡوَۃً رِّجَالًا وَّنِسَآءً فَلِلذَّکَرِ مِثۡلُ حَظِّ الۡاُنۡثَیَیۡنِ ۗ یُبَیِّنُ اللّٰہُ لَکُمۡ اَنۡ تَضِلُّوۡا ۗ وَاللّٰہُ بِکُلِّ شَیۡءٍ عَلِیۡمٌۢ
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
وَلَوۡ یُؤَاخِذُ اللّٰہُ النَّاسَ بِظُلۡمِہِمۡ مَّا تَرَکَ عَلَیۡہَا مِنۡ دَآبَّۃٍ وَّلٰکِنۡ یُّؤَخِّرُہُمۡ اِلٰۤی اَجَلٍ مُّسَمًّی ۖ فَاِذَا جَآءَ اَجَلُہُمۡ لَا یَسۡتَـٔۡخِرُوۡنَ سَاعَۃً ۖ وَّلَا یَسۡتَقۡدِمُوۡنَ
10:12; 18:59; 35:46.
7:35; 10:50.
The reason why punishment is delayed is that if all sins had been at once punished by God, the world would have come to an end and all life on earth would have become extinct. Man would have perished as a result of his sins and there would have been left no purpose in the survival of beasts, animals and birds, etc. after his destruction. Being created for man’s use and benefit they would have perished with him.
10:12; 18:59; 35:46.
7:35; 10:50.
Commentary:
This verse furnishes an answer to a possible doubt arising from the preceding verse. The doubter would say, if Divine revelation is the only source of guidance, and teachings devised by man all lead to error, why then do disbelievers, in spite of their rejection of Divine guidance, not always come to grief in this life? On the contrary, many of them are seen to prosper, which fact shows that they are not altogether in the wrong. One answer implied in the verse is that if thieves, robbers and murderers do not always meet with immediate punishment and sometimes get respite, how can respite granted to rejecters of the Quran be adduced as a proof that it is not the revealed word of God? Another reason embodied in this verse as to why punishment is not always meted out to the guilty is that if all sins had been at once punished by God, the world would have come to an end and all life on earth would have become extinct. Man would have perished as a result of his sins and there would have been no purpose in the beasts, animals, birds etc., remaining alive after his destruction. Being created for man’s use and benefit they would have perished with him. So God’s wise plan in granting respite to evildoers and deferring their punishment provides yet another proof of the life after death when man’s actions will meet with full and even-handed justice.
a
10:12; 18:59; 35:46.
b
7:35; 10:50.
b
10:12; 18:59; 35:46.
c
7:35; 10:50.
1862
Commentary:
This verse furnishes an answer to a possible doubt arising from the preceding verse. The doubter would say, if Divine revelation is the only source of guidance, and teachings devised by man all lead to error, why then do disbelievers, in spite of their rejection of Divine guidance, not always come to grief in this life? On the contrary, many of them are seen to prosper, which fact shows that they are not altogether in the wrong. One answer implied in the verse is that if thieves, robbers and murderers do not always meet with immediate punishment and sometimes get respite, how can respite granted to rejecters of the Quran be adduced as a proof that it is not the revealed word of God? Another reason embodied in this verse as to why punishment is not always meted out to the guilty is that if all sins had been at once punished by God, the world would have come to an end and all life on earth would have become extinct. Man would have perished as a result of his sins and there would have been no purpose in the beasts, animals, birds etc., remaining alive after his destruction. Being created for man’s use and benefit they would have perished with him. So God’s wise plan in granting respite to evildoers and deferring their punishment provides yet another proof of the life after death when man’s actions will meet with full and even-handed justice.
b
10:12; 18:59; 35:46.
c
7:35; 10:50.
1554
The reason why punishment is delayed is that if all sins had been at once punished by God, the world would have come to an end and all life on earth would have become extinct. Man would have perished as a result of his sins and there would have been left no purpose in the survival of beasts, animals and birds, etc. after his destruction. Being created for man’s use and benefit they would have perished with him.
وَلَوۡ یُؤَاخِذُ اللّٰہُ النَّاسَ بِمَا کَسَبُوۡا مَا تَرَکَ عَلٰی ظَہۡرِہَا مِنۡ دَآبَّۃٍ وَّلٰکِنۡ یُّؤَخِّرُہُمۡ اِلٰۤی اَجَلٍ مُّسَمًّی ۖ فَاِذَا جَآءَ اَجَلُہُمۡ فَاِنَّ اللّٰہَ کَانَ بِعِبَادِہٖ بَصِیۡرًۢا
10:12; 18:59.
7:35; 10:50; 16:62.
The Merciful God is slow to punish. He grants respite and affords chances to the wicked and the rebellious in order that they may mend their ways. If God had meted out swift and quick punishment that the sinners deserved they would have been destroyed in no time, and the world would have come to an end, and all life on earth would have become extinct, because then there would be no purpose left in the beasts, animals, birds, etc. remaining alive after man’s destruction. Or, the verse may mean that God will not hesitate to destroy these abominable worms of the earth, i.e. disbelievers.
10:12; 18:59.
7:35; 10:50; 16:62.
Commentary:
The verse purports to say that though, by their rejection of truth and iniquitous deeds, disbelievers have made themselves deserving of Divine punishment, yet the Merciful God is slow in punishing them. He grants respite and affords opportunities to the wicked and the rebellious people in order that they may mend their ways and accept the truth. If God had meted out swift and quick punishment to sinners, they would have been destroyed in no time, and the world would have come to an end, and all life on earth would have become extinct, because there would be no purpose left in the beasts, animals, birds, etc. remaining alive after man’s destruction. Being created for man’s use, they too would have perished. But this respite and delay in punishment should not be understood to signify that disbelievers can indefinitely escape or avoid it. When the cup of their iniquities is full, says the verse, the decreed hour of retribution will arrive and they will be allowed no further respite.
The words دابة signifying "worm of the earth" may also apply to disbelievers because of their devoting all their labour and endeavour to the acquirement of worldly comforts and riches. In this sense of the word the verse would mean that God will not hesitate to destroy these abominable worms of the earth.
a
10:12; 18:59.
b
7:35; 10:50; 16:62.
1058
永久仁慈的安拉的惩罚是缓慢的。他给邪恶和忤逆者缓刑, 让他们可以改过自新。如果安拉很快地给予那些犯罪者以应有的惩罚的话, 他们就会在弹指间被歼灭殆尽, 世界就会完结, 地球上的生物就会死绝, 因为在人类毁灭后所遗留下飞禽走兽, 它们活着也将是没有意义的, 这节经文的意思或可解为, 安拉不会对消灭这些地球上可恶的蠕虫即不信的人犹疑不决。
a
10:12; 18:59.
b
7:35; 10:50; 16:62.
3212
Commentary:
The verse purports to say that though, by their rejection of truth and iniquitous deeds, disbelievers have made themselves deserving of Divine punishment, yet the Merciful God is slow in punishing them. He grants respite and affords opportunities to the wicked and the rebellious people in order that they may mend their ways and accept the truth. If God had meted out swift and quick punishment to sinners, they would have been destroyed in no time, and the world would have come to an end, and all life on earth would have become extinct, because there would be no purpose left in the beasts, animals, birds, etc. remaining alive after man’s destruction. Being created for man’s use, they too would have perished. But this respite and delay in punishment should not be understood to signify that disbelievers can indefinitely escape or avoid it. When the cup of their iniquities is full, says the verse, the decreed hour of retribution will arrive and they will be allowed no further respite.
The words دابة signifying "worm of the earth" may also apply to disbelievers because of their devoting all their labour and endeavour to the acquirement of worldly comforts and riches. In this sense of the word the verse would mean that God will not hesitate to destroy these abominable worms of the earth.
a
10:12; 18:59.
b
7:35; 10:50; 16:62.
2425
The Merciful God is slow to punish. He grants respite and affords chances to the wicked and the rebellious in order that they may mend their ways. If God had meted out swift and quick punishment that the sinners deserved they would have been destroyed in no time, and the world would have come to an end, and all life on earth would have become extinct, because then there would be no purpose left in the beasts, animals, birds, etc. remaining alive after man’s destruction. Or, the verse may mean that God will not hesitate to destroy these abominable worms of the earth, i.e. disbelievers.