Surah An-Nisaa (4) — Ayah 12

(Ayah 12) ➊ {وَ لَكُمْ نِصْفُ مَا تَرَكَ اَزْوَاجُكُمْ … :} Allah Almighty addressed the husbands and said that if your wives die leaving behind wealth and have no children, then you will receive half of the wealth, and if they have children—one or more sons or daughters, or grandsons or great-grandsons, whether from you or from another husband—then you will receive one-fourth. And if you have no children, then your wives will receive one-fourth, and in the event of your death, if there are inheriting children or descendants, whether from these wives or from others, in any case, the wives will receive one-eighth, after the payment of debts and bequests. Then, whether there is one wife or more, all will share in the one-fourth or one-eighth portion. There is consensus on this.

➋ {يُوْرَثُ كَلٰلَةً:} If a man or woman dies and has neither a father nor inheriting children, then such a person is called "kalalah." Sometimes, the heirs of such a deceased person are called "kalalah." In any case, this term is used for both.

➌ {وَ لَهٗۤ اَخٌ اَوْ اُخْتٌ:} There are three types of brothers and sisters: (1) Full siblings, i.e., those who share both parents. (2) Consanguine siblings, i.e., those who share the same father but have different mothers. (3) Uterine siblings, i.e., those who share the same mother but have different fathers. Here, by consensus, uterine brothers and sisters are meant, as is also indicated in one recitation.

➍ Uterine brothers differ from other heirs in four rulings: (1) They inherit only through the mother. (2) Both male and female receive equal shares. (3) They receive a share only if the deceased is kalalah. (4) No matter how many they are, their share does not exceed one-third. For example, if a deceased person leaves a husband, mother, two uterine brothers, and two full brothers, then according to the majority of scholars, the husband will receive half (1/2), the mother will receive one-sixth (1/6), and the remaining one-third will be shared by the uterine brothers along with the full brothers. Umar (may Allah be pleased with him) gave this ruling in a case. Among the Companions, Uthman, Ibn Mas'ud, Ibn Abbas, and Zayd bin Thabit (may Allah be pleased with them), and among the Imams, Imam Malik and Imam Shafi'i (may Allah have mercy on them) held this view. However, Ali (may Allah be pleased with him) considered the uterine brothers as holders of fixed shares and deprived the full brothers due to their status as residuaries. Imam Shawkani (may Allah have mercy on him) preferred this second view. (Ibn Kathir, Fath al-Qadeer)

➎ {فَهُمْ شُرَكَآءُ فِي الثُّلُثِ:} If there are more than one uterine brothers or sisters, whether male or female, or both together, the one-third share will be divided equally among all, i.e., here the male will not have superiority over the female, as is understood from the verse «شُرَكَآءُ فِي الثُّلُثِ». Umar (may Allah be pleased with him) ruled accordingly, and it is clear that such a ruling cannot be made merely by personal reasoning. (Ibn Kathir)

➏ {غَيْرَ مُضَآرٍّ:} This is accusative due to its state, and it relates to both bequest and debt. Causing harm in bequest is, firstly, to make a bequest of more than one-third of the wealth; in this case, the bequest beyond one-third will not be executed unless the heirs permit it. The second case is to make a bequest in favor of an heir; this too will not be considered unless all heirs willingly accept it. Causing harm in debt is when the deceased falsely acknowledges a debt merely to deprive the heirs of their rights. Ibn Abbas (may Allah be pleased with them) said: "Causing harm in bequest is a major sin." [ السنن الکبرٰی للنسائی : 60/10، ح : ۱۱۰۲۶، و سندہ صحیح ]

12. 1 In the absence of children, the children of the son, i.e., grandsons, are also considered as children; there is consensus of the scholars of the Ummah on this (Fath al-Qadeer, Ibn Kathir). Similarly, the children of the deceased husband, whether from the current wife who is inheriting or from another wife. Likewise, the children of the deceased woman, whether from the current husband who is inheriting or from a previous husband.

12. 2 If there is only one wife, she will receive a fourth or an eighth share; if there are more, then this share will be divided among them. Each one will not receive a fourth or an eighth share individually. This is also a consensus issue (Fath al-Qadeer).

12. 3 Kalah refers to the deceased who has neither a father nor a son. It is derived from "akleel," which refers to something that surrounds the head from its sides and is considered an heir (Fath al-Qadeer and Ibn Kathir). It is also said that Kalah is derived from "kallal," which means to become tired. As if the chain of lineage and ancestry became tired upon reaching this person and could not continue further.

12. 4 By this are meant maternal siblings whose mother is the same but fathers are different, because full siblings or paternal siblings do not have a share in inheritance in this way, and its explanation is coming at the end of this Surah. This issue is also a consensus (Fath al-Qadeer). In reality, for lineage, the law regarding males and females (ۤ لِلذَّكَرِ مِثْلُ حَظِّ الْاُنْثَيَيْنِ) 4:11 applies. That is why for sons and daughters at this place, and for siblings in the last verse of Surah Nisa, the same law applies in both places. However, since the children of only the mother the paternal lineage is not a factor, each one is given an equal share there. In any case, in the case of one brother or one sister, each will receive a sixth share.

12. 5 In the case of more than one, all will share in one third, and there will be no distinction between male and female. All will receive an equal share, whether male or female.

12. 6 Along with stating the laws of inheritance, it is being said for the third time that the distribution of inheritance should be done after executing the will and paying off debts, from which it is understood how important it is to act upon these two matters. Then, it is also agreed upon that debts should be paid off first, and the will should be executed after that. However, Allah has mentioned the will before the debt in all three places, even though in order of priority, the debt should be mentioned first. The wisdom in this is that people do not give importance to paying off debts, and even if they do not, the creditors forcibly recover them, but acting upon the will is considered unnecessary, and most people are negligent or careless in this matter. Therefore, by mentioning the will first, its importance has been clarified (Ruh al-Ma'ani).

12. 7 In this way, if someone is deprived of inheritance through a will, or someone's share is reduced or increased, or just to harm the heirs, he says that such and such person has lent me such an amount, even though nothing has been taken, then the declaration relates to both the will and the debt, and causing harm through both is forbidden and a major sin. Such a will is also invalid.

12. And if your wives have no children, then you shall have half of what they leave. But if they have children, then you shall have a fourth of what they leave, after fulfilling any bequest they may have made and after payment of their debts. And if you have no children, then your wives shall have a fourth of what you leave. But if you have children, then they shall have an eighth of what you leave, after fulfilling any bequest you may have made and after payment of your debts. And if the deceased, whether man or woman, is a kalalah (one who leaves neither parents nor children), and has a brother or a sister, then each one of them shall have a sixth. But if they are more than that, then they shall share a third, after fulfilling any bequest that may have been made and after payment of debts, so that no harm is done to anyone. These are the limits set by Allah, and Allah is All-Knowing, Most Forbearing.

[23] If the deceased is a woman, her husband will receive half of the inheritance, provided the deceased has no children. If she has children, the husband will receive one-fourth. If the deceased is a man, the wife will receive one-fourth, provided the deceased has no children. If there are multiple wives, the one-fourth will be divided equally among them. If the deceased has children, regardless of which wife they are from, the wife or wives will receive one-eighth, and in the case of multiple wives, this will be divided equally among them. (These are the shares for the spouses.)

[24]
Inheritance of Kalalah:

Kalalah is a person who has neither parents nor grandparents, nor children nor grandchildren. Whether the deceased is a man or a woman, such a person is called kalalah, but he or she may have brothers and sisters. Brothers and sisters are of three types:
(1) Full siblings, whose parents are the same. (2) Consanguine siblings, who have different mothers but the same father. (3) Uterine siblings, who have the same mother but different fathers. In this verse, the siblings mentioned are, by consensus, uterine siblings, i.e., siblings from the mother's side, and in verse 176 of this Surah, other siblings are mentioned. The share of uterine siblings is one-third. If there is one brother and one sister, each will receive one-sixth, and if there are more siblings, they will not receive more than one-third, and this one-third will be divided equally among them. The male will not receive double the share of the female. If there is only one brother or one sister, he or she will receive one-sixth. In the first case, two-thirds, and in the second case, five-sixths will remain. The kalalah can make a bequest regarding the remaining share, or this share will be distributed among the distant relatives, provided there is no residuary heir.

[25]
Cases of Harm Through Bequest:

The deceased may cause harm in the bequest by making a bequest exceeding the prescribed limit, i.e., more than one-third, or by doing so intentionally, which may harm the heirs, and such a bequest should be corrected so that the heirs are not harmed. Similarly, if the deceased, at the time of death, acknowledges a fictitious debt, it may benefit the creditor and harm the heirs, even depriving them. Therefore, at the end, Allah Almighty said that He is All-Knowing and Forbearing, in the sense that He has not made these laws harsh, but has considered maximum ease. The heirs whose shares have been fixed in the Book and Sunnah are called "dhawi al-furud." In addition to the Quran, the shares of the following heirs are fixed according to the Sunnah. Please see the following hadiths:

(1) The Share of the Grandfather:

1. Sayyiduna Imran ؓ narrates that a man came to the Messenger of Allah ﷺ and said, "My grandson has died; what will I receive from his inheritance?" The Prophet ﷺ said, "One-sixth." He went away, then the Prophet ﷺ called him back and said, "For you, there is another one-sixth." Then he explained that this second one-sixth is for you as food (Abu Dawood and Tirmidhi in «لك») as 'asabah, i.e., as a residuary heir.
[ترمذی، ابواب الفرائض، باب فی میراث الجد، ابو داؤد۔ کتاب الفرائض۔ باب ماجاء فی میراث الجد]

(2) The Share of the Grandmother (Maternal or Paternal):

2. Sayyiduna Buraidah ؓ narrates that when the mother is not present, the Messenger of Allah ﷺ fixed one-sixth for the grandmother (maternal or paternal).
[ابو داؤد۔ کتاب الفرائض۔ باب فی الجدۃ]

(3) If There Is One Daughter and One Granddaughter:

3. Sayyiduna Ibn Mas'ud ؓ said, "I will decide regarding the daughter, granddaughter, and sister as the Messenger of Allah ﷺ did: the daughter will receive half, the granddaughter one-sixth so that two-thirds (the maximum share for female offspring) is completed, and the remainder will go to the sister."
[بخاری، کتاب الفرائض، باب میراث ابنۃ ابن مع ابنۃ]

(4) If There Is One Daughter and One Sister:

4. Aswad bin Yazid ؓ says that Mu'adh bin Jabal ؓ came to us in Yemen as a teacher and governor. We asked him about a man who left behind a daughter and a sister at the time of death. He gave half to the daughter and half to the sister.
[بخاری، کتاب الفرائض، باب میراث البنات]
And in Abu Dawood, these words are added: "And at that time, the Messenger of Allah ﷺ was alive."
[ ابو داؤد، كتاب الفرائض۔ باب من كان ليس له ولد وله اخوات]

(5) The Nephew's Share from the Paternal Aunt:

5. Sayyiduna Umar ؓ used to say (in amazement), "The nephew is the heir of the paternal aunt, but the paternal aunt is not the heir of the nephew."
[موطا۔ کتاب الفرائض، باب فی میراث العمۃ]

Further Inheritance Rulings:

1. The details of dhawi al-furud, i.e., those whose shares have been fixed by the Book and Sunnah, have been mentioned above.

Two Types of Heirs:

2. 'Asabat (residuary heirs): 'Asabah refers to the closest male relative of the deceased, and after the shares of dhawi al-furud are given, whatever remains goes to him. For example, the Prophet ﷺ gave the brother of Sa'd bin Rabi' two-thirds for the two daughters and one-eighth for the wife, and the remaining five twenty-fourths to the brother. Regarding 'asabah, the Prophet ﷺ said: 3. "Give the prescribed shares to those who are entitled to them, then whatever remains is for the closest male relative."
[بخاری، کتاب الفرائض، باب میراث الولدمن ابیہ وأمہ۔ مسلم۔ کتاب الفرائض۔ باب الحقوا الفرائض باھلھا]
Sometimes, dhawi al-furud, together with 'asabah, become 'asabah themselves. For example, if the deceased's only heirs are two daughters, with no parents or wife, the daughters will receive two-thirds, and the remainder will go to a residuary heir. But if there is a son along with the daughters, the son, being 'asabah, will make the sisters 'asabah as well, and the division will be: the son receives half, and each of the two daughters receives one-fourth. The search for 'asabah: first, look among the children, then upwards, then among the paternal uncles, then among their sons.

The 'Asabah of the Mawla (Freed Slave):

4. The Prophet ﷺ said, "(The inheritance of a freed slave) as 'asabah is for the one who freed him."
[بخاری کتاب الفرائض باب میراث السائبة مسلم، کتاب الفرائض۔ باب انما الولاء لمن اعتق]
5.
Dhu al-Arham (Distant Relatives):

If neither dhawi al-furud nor 'asabah are present, and only nephews, nieces, grandchildren from daughters, maternal uncles, etc., are present.
6. The Prophet ﷺ said, "Whoever has no heir, his heir is the maternal uncle. He will pay the blood money on his behalf and will be the heir."
[ابو داؤد، کتاب الفرائض۔ باب میراث ذوی الارحام]
Now we present some further clarifications of the law of inheritance:

Three Methods of Inheritance Prevalent in Arabia:

Before the revelation of the Islamic law of inheritance, three methods of inheritance were prevalent in Arabia:
(1) Mutual covenant: A person would say to another, "My life is your life, my blood is your blood, I am your heir, you are my heir." When such a covenant was made, even brothers or sons would not inherit in his presence.
(2) The second method of depriving relatives from inheritance was by making someone «متبنّيٰ» (adopted son). If a person had no male offspring, he would adopt someone, who would then be considered entitled to the entire inheritance.
(3) If inheritance was divided among children, only those sons who could fight with a spear on behalf of the deceased would receive a share. The Islamic law of inheritance completely abrogated the first two methods and reformed the third by granting inheritance to daughters, young children, and parents as well. When the Muhajirun migrated to Madinah and the issue of their livelihood and settlement arose, the Messenger of Allah ﷺ established brotherhood between the Muhajirun and the Ansar. Until then, the laws of inheritance had not been revealed. Thus, by the command of the Messenger of Allah ﷺ, these brotherly Muhajirun and Ansar were made heirs of one another. Then, when the economic situation of the Muhajirun improved, this law was abrogated, and the detailed laws of inheritance were revealed in this Surah.

The Islamic Law of Inheritance Is Based on Three Things:

Lineage, marriage, and wala (clientship or patronage)
(1) In lineage, three aspects are considered in this order: first, the children, as Allah Almighty said at the very beginning:
﴿يُوْصِيْكُمُ اللّٰهُ فِيْٓ اَوْلَادِكُمْ ۤ لِلذَّكَرِ مِثْلُ حَظِّ الْاُنْثَيَيْنِ﴾
Secondly, the shares of the parents are mentioned, and thirdly, the shares of the siblings.
(2) By marriage is meant the shares of the husband and wife in various situations.
(3) By wala is meant that if a freed slave has no relatives, his heir is the master who freed him, and this situation is now non-existent. The shares based on marriage are relatively easy to understand: if the deceased is a woman without children, the man will receive half of her inheritance, and if she has children, the husband will receive one-fourth. Similarly, if the deceased is a man without children, the wife or all his wives will receive one-fourth, and if he has children, the wife or all wives will receive one-eighth, divided equally. Now, the shares of relatives by lineage are somewhat more complex, as there are many scenarios. Some common and well-known cases are as follows:
1. If a man or woman dies of natural causes in old age, usually their parents have already passed away, and if there are siblings, they live separately. In this case, the children are the heirs. If there is only one son, after giving the share to one of the spouses, he will inherit the rest. If there are more sons, they will share the remainder equally, and if there are both sons and daughters, the male receives twice the share of the female. If there is no son, only one daughter, she will receive half of the total, and if there are two or more daughters, they will receive two-thirds of the total.
2. The next common case is when both parents or one of them is alive. If both are alive, each will receive one-sixth of the total. If the father is not alive but the grandfather is, the father's share goes to the grandfather. If the mother is not alive but the maternal grandmother is, the mother's share goes to the maternal grandmother, and according to some, if the maternal grandmother is not alive but the paternal grandmother is, the mother's share goes to the paternal grandmother. If both are alive, the one-sixth will be divided equally between them. After giving the shares to the parents and one of the spouses, the remainder will be divided among the children, with the male receiving two shares and the female one share. Sometimes, a complication may arise, for example, if the deceased is a woman whose parents are alive, husband is alive, and she has two daughters. The daughters receive two-thirds, each parent receives one-sixth (i.e., one-third together), and the husband receives one-fourth. In other words, the estate should be divided into twelve parts: eight parts to the daughters, three to the husband, two to the mother, and two to the father. This totals fifteen parts (i.e., the sum exceeds one). Such a case is called 'awl in jurisprudence. In this case, the estate will be divided into fifteen parts instead of twelve, according to the shares mentioned above. Conversely, if there is no residuary heir, the opposite situation may arise. For example, the deceased is a man whose wife has died, his mother is alive, but his father and grandfather are not, and he has only one daughter. Thus, his only heirs are the mother and daughter, and there is no residuary heir. The estate will be divided into six parts: three for the daughter and one for the mother. The remaining two parts will be left. In this case, called 'radd' in jurisprudence, these parts will also be given to them in the same proportion. In other words, the estate will be divided into four parts instead of six: three to the daughter and one to the mother. (Note: In the presence of dhawi al-furud, the remainder of the estate does not go to distant relatives, but is divided among them.)
(3) The third common case is when a marriage is new and there are no children yet, and one of the spouses dies while the parents are alive but there are no siblings. In this case, the mother receives one-third, if the deceased is a man, the wife receives one-fourth, and the remaining five-twelfths go to the father. If the deceased is a woman, the mother receives four parts, the husband six parts, and the father only two parts, or half of the mother's share. If there are siblings, the mother receives one-sixth, i.e., two parts to the mother, three to the wife, and the remaining seven to the father. If the deceased was a wife, the mother receives two, the husband six, and the father four parts. These are some common cases; otherwise, there are so many scenarios of inheritance that it is not possible to enumerate them in the margins. I have detailed them in my book "Ahkam-e-Tijarat aur Lain Dain" in the fifteenth chapter, "Ahkam-e-Wirasat."