Surah An-Nisaa (4) — Ayah 33

(Ayah 33) {وَ لِكُلٍّ جَعَلْنَا مَوَالِيَ … :} In the first part of this noble verse, Allah Almighty has informed that whether it is a man or a woman, each has heirs and relatives who become their heirs after their death. The meaning of the second part of the verse «{وَ الَّذِيْنَ عَقَدَتْ اَيْمَانُكُمْ فَاٰتُوْهُمْ نَصِيْبَهُمْ}» is that whatever oath or agreement you have made with someone, give them their share. Ibn Abbas (may Allah be pleased with them both) states that this refers to the time when the Muhajirun came to Madinah and the Messenger of Allah (peace and blessings be upon him) established brotherhood between the Muhajirun and the Ansar. The heir of an Ansari, instead of being his relatives, would be a Muhajir. Then when this verse was revealed: « {وَ لِكُلٍّ جَعَلْنَا مَوَالِيَ} » that (inheritance established between the Muhajirun and Ansar) was abrogated. Then it was said: by «{وَ الَّذِيْنَ عَقَدَتْ اَيْمَانُكُمْ}» it is meant that in the form of help, support, and advice, give them their share, because their connection with inheritance has ended. However, a bequest can be made for them. [بخاری، التفسیر، باب : « ولکل جعلنا موالی …» : ۴۵۸۰ ] Also see the last verse of Surah Al-Anfal.

Maulana Muhammad Abduh (may Allah have mercy on him) writes that in the verse, {’’ مَوَالِيَ ‘‘} refers to 'Asabah' (male agnate relatives), and in the inheritance of 'Asabah', the principle of { ”اَلْأَقْرَبُ فَالْأَقْرَبُ“ } is established, that is, first the closest, then the next, and in a hadith also the words of [ فَلِأَوْلٰي رَجُلٍ ذَكَرٍ ] are mentioned, meaning that whatever remains after the people of fixed shares (Ashab al-Furud) will go to the one among the 'Asabah' who is the closest male relative of the deceased, and there is consensus of the scholars on this. [ دیکھیے فتح الباری : 294/6۔ المحلٰی : 271/9۔ أحکام القرآن للجصاص : 224/2 ]

33. 1. مَوَالِیْ is the plural of مولیٰ. مولیٰ has several meanings: friend, freed slave, paternal cousin, neighbor, but here it refers to heirs. The meaning is that whatever any man or woman leaves behind, its heirs will be their parents and other close relatives.

33. 2. There is a difference among the commentators regarding whether this verse is Muhkam (firm) or abrogated. Ibn Jarir Tabari and others consider it non-abrogated (Muhkam), and take اَیْمَانُکُمْ (agreement) to mean the oath and agreement that used to take place between two individuals or two tribes for mutual assistance before Islam, and which continued even after Islam. نصیبھم (share) refers to the share of cooperation and support according to the commitment of this oath and agreement. According to Ibn Kathir and other commentators, this verse is abrogated. Because, according to them, اَیْمَانُکُمْ refers to the agreement that took place after the migration between an Ansari and a Muhajir in the form of brotherhood. In this, a Muhajir would inherit the wealth of the Ansari instead of his relatives, but since this was a temporary arrangement, then (وَاُولُوا الْاَرْحَامِ بَعْضُهُمْ اَوْلٰى بِبَعْضٍ فِيْ كِتٰبِ اللّٰهِ) 33:6 "Relatives are more entitled to each other by Allah's command" was revealed and abrogated it. Now, "فاتوھم نصیبھم" means friendship, love, and mutual assistance, and giving something as a bequest is also included in this. In the contract of Mawalat, oath of Mawalat, or brotherhood of Mawalat, the concept of inheritance will no longer exist. A group of scholars has taken this to refer to such persons, at least one of whom is without heirs, and makes an agreement with another person that "I am your مولیٰ. If I commit any crime, help me, and if I am killed, take my blood money." After the death of this heirless person, the mentioned person will take his wealth, provided that he truly has no heir. Some other scholars have given another meaning of this verse. They say that "وَالَّذِيْنَ عَقَدَتْ اَيْمَانُكُمْ" (4:33) refers to wife and husband, and its conjunction is with الاقربون. The meaning is that parents, relatives, and those with whom you have made a covenant, i.e., husband or wife, for whatever they have left in inheritance, We have appointed rightful heirs, i.e., shareholders. Therefore, give these rightful heirs their shares. In other words, after the detailed shares mentioned in the previous verses of inheritance, here, in summary, their payment is further emphasized.

33. For whatever inheritance parents or close relatives leave behind, We have appointed heirs. And those with whom you have made a contract (of alliance) [56], give them their share. Surely, Allah is ever a Witness over all things.

[56]
Brotherhood and Inheritance:

Ibn Abbas ؓ says that "mawali" refers to heirs, and the meaning of ﴿وَالَّذِيْنَ عَقَدَتْ اَيْمَانُكُمْ﴾ is that, initially, when the Muhajirin of Islam came to Madinah, the Muhajir would inherit from his Ansari brother, and the Ansari's relatives would not receive the inheritance because the Prophet ﷺ had established brotherhood between them. Then (when the Muslims' economic situation improved), this verse was revealed ﴿وَلِكُلٍّ جَعَلْنَا مَوَالِيَ﴾, so now such brothers no longer received inheritance, and now ﴿عَقَدَتْ اَيْمَانُكُمْ﴾ refers to those people with whom an oath of friendship, help, and goodwill is made; they no longer receive inheritance, but the command of bequest remains.
[بخاری، کتاب التفسیر نیز کتاب الکفالہ باب قول اللہ والذین عقدت ایمانکم]