Surah An-Nisaa (4) — Ayah 11

11. Allah commands you concerning your children [17]: for the male, a share equal to that of two females [18]. If there are only daughters, two or more, they shall have two-thirds of the inheritance; if only one, she shall have half. For the parents, each one of them shall have a sixth if the deceased has children. If the deceased has no children and only the parents inherit, then the mother shall have a third. But if the deceased has siblings [21], then the mother shall have a sixth. This distribution is after payment of any bequest and debt. You do not know which of your parents or children are nearest to you in benefit. These are fixed shares ordained by Allah. Surely, Allah is All-Knowing, All-Wise [22].

[17] The rulings regarding inheritance, bequest, and debt that have been mentioned in verses 11 and 12 of this surah are presented here in a new order for convenience, along with references from hadith.

The Importance of the Science of Inheritance (Ilm al-Fara'id)
1. The Prophet ﷺ said: "Learn (the knowledge of) fara'id and the Quran yourselves and teach it to the people, for I am about to pass away." [ترمذی: ابواب الفرائض، باب فی تعلیم الفرائض]

2.
Rulings of Bequest and Inheritance:

The Prophet ﷺ said: "Knowledge is three, and whatever is besides them is a virtue: the knowledge of clear verses, the established Sunnah, and the just division of inheritance." [دار قطنی، ابن ماجہ، حاشیہ حدیث ترمذی مذکورہ بالا]

Payment of Debt:

Although the mention of debt repayment comes after bequest, due to the severe warnings found in authentic hadith regarding the burden of debt on the deceased, there is consensus among the Ummah that at the time of inheritance distribution, the payment of debt is the first priority. If the wife's dower (mahr) has not been paid, it is also considered a debt. If Hajj had become obligatory on the deceased but was not performed for some reason, or if he had made a vow, then such expenses will be deducted before the distribution of inheritance and execution of bequest.

Rulings of Bequest — Writing the Bequest:

3. The Prophet ﷺ said: "If a person wishes to make a bequest, he should not spend even two nights in such a state that his bequest is not written and present with him." [مسلم كتاب الوصية]

4.
The Maximum Limit of Bequest is up to One-Third of the Wealth:

It is not permissible to make a bequest in favor of an heir. The Prophet ﷺ said during the Farewell Sermon: "Allah, the Mighty and Majestic, has given every rightful person his right, so now it is not permissible to make a bequest in favor of an heir." [ترمذی، ابواب الوصایا باب لا وصیہ لوارث] Similarly, the maximum limit of bequest is not more than one-third of the wealth.

5. Sayyiduna Sa'd bin Abi Waqqas ؓ narrates: "I fell ill in Makkah and was close to death. The Prophet ﷺ came to visit me. I said: 'O Messenger of Allah ﷺ! I have much wealth and have no heir except one daughter. Should I give away my wealth (in the way of Allah)?' The Prophet ﷺ said: 'No.' Then I said: 'Should I give two-thirds?' He said: 'No.' Then I said: 'Half?' He said: 'No.' Then I asked: 'A third?' He said: 'You may give a third, and even that is much.' Then he said: 'If you leave your children wealthy, that is better than leaving them poor, begging from people. Surely, whatever you spend in the way of Allah, you will be rewarded for it, even for the morsel you put in your wife's mouth.'" [بخاری، کتاب الفرائض، باب میراث البنات۔ نیز مسلم: کتاب الوصیۃ، باب وصیۃ بالثلث]

6. Sayyiduna Abdullah bin Abbas ؓ said: "I wish people would reduce the bequest to a quarter, for the Messenger of Allah ﷺ said that even a third is much." And in Waki's narration, the words are "much" and "great." [مسلم، كتاب الوصيه]

7.
The Killer Does Not Inherit from the Killed:

The Prophet ﷺ said: "The killer cannot inherit from the one he killed." [ترمذی، ابواب الفرائض باب فی ابطال میراث القاتل]

8.
A Disbeliever Does Not Inherit from a Muslim, Nor a Muslim from a Disbeliever:

The Prophet ﷺ said: "A disbeliever or apostate cannot inherit from a Muslim, nor can a Muslim inherit from a disbeliever." [بخاري، كتاب الفرائض۔ باب لايرث المسلم الكافر۔۔ مسلم، كتاب الفرائض]

Before the revelation of the rulings regarding the distribution of inheritance, it was obligatory upon Muslims to make a bequest before their death regarding their parents and other relatives, specifying how much share each should receive from the deceased's estate. Then, if anyone tried to tamper with the bequest of the deceased, the burden of sin would be upon those who altered it. However, if a close relative feared that the testator had acted with partiality or had not been just in the distribution of shares, and he corrected such wrongly bequeathed shares (i.e., the intention of the one making the change is good and not based on self-interest), then there would be no sin upon him for making such a change (translation of Surah Baqarah, verses 180 to 182). Then, when Allah Almighty Himself fixed the shares of parents and relatives in Surah Nisa (which, in the terminology of the science of inheritance, are called "dhawi al-furud" or "dhawi al-fara'id"), the obligation of bequest was abrogated by these verses of inheritance. In other words, the command of obligatory bequest was abrogated, and now the status of bequest is no longer obligatory but merely optional. That is, if a person wishes to make a bequest, he may do so, and if he does not, or is unable to, there is no harm. However, two restrictions have been imposed on this bequest according to the Sunnah of the Prophet ﷺ. First, that no one can make a bequest for more than one-third of his wealth, and second, that a bequest cannot be made in favor of the dhawi al-furud (those with fixed shares), as clarified in the above-mentioned hadiths. The purpose of these two restrictions is that otherwise, there would be confusion and injustice in the shares fixed by Allah Almighty. So, if you have the first objection that the Prophet ﷺ imposed the restriction of one-third of the wealth, the answer is that it is established from the Quran that the real heirs of inheritance are the parents and relatives, and their shares have been fixed by Allah Himself, which are unchangeable. Then how can anyone make a bequest of the entire wealth? It is worth considering that if the right to correct a bequest can be given to another person, as is established from verse 182 of Surah Baqarah, then why can it not be given to the Prophet ﷺ? The negation of bequest in favor of heirs is also established from the Quran because it affects the rights of other rightful heirs, and this is the partiality or injustice mentioned in the above verses of Surah Baqarah. Then it is said: "You may even consider that the Noble Quran makes bequest obligatory and gives the right of bequest unconditionally, i.e., over the entire wealth, and the Messenger of Allah says that no, bequest can only be made in one-third of the wealth, and that too for non-heirs. Such alteration in the command of Allah is certainly against the status of the Messenger of Allah, whose every breath was spent in following the Quran (Qurani Faislay 111). Now see, sometimes Parwez Sahib is concerned about the status of the Messenger of Allah ﷺ, and sometimes about the traditionalism of Muslims. But he never even accidentally considers whether his own Qur'anic insight has not strayed onto a crooked path? And the result of this Qur'anic insight is that he has so mixed up the separate rulings of bequest and inheritance that both have been rendered meaningless. And his own position is that 'the deceased has full authority over the distribution of his property and wealth, to give as much as he wishes to whomever he wishes according to his interests and needs. Yes, if after the payment of bequest and debt something remains, it will be distributed, and if nothing remains, then so be it.'" [ ايضاً ص 109] Therefore, now we will prove from the Quran itself, in another way, that Parwez Sahib's position is clearly against the Quran. Also, that the two hadiths mentioned above are exactly in accordance with the Quran. The first part of your position is that "the deceased may give to whomever he wishes." From this "whomever he wishes," the parents and relatives must necessarily be excluded, because the shares of parents and relatives have been fixed by Allah Himself. Therefore, the need for bequest in favor of heirs has ended. And if someone, after the fixed shares of the heirs, makes a bequest in favor of any heir, it would mean that he is not satisfied with the shares fixed by Allah, nor does he have any trust in Allah's knowledge and wisdom. If such a person, by making a bequest in favor of an heir, increases the share fixed by Allah, the inevitable result will be that the shares of other heirs will decrease accordingly, and if he decreases or eliminates someone's share, such a bequest will be declared void. Because such a bequest falls under ﴿جَنَفًا اَوْ اِثْمًا﴾ of Surah Baqarah, verse 181, regarding which correction is absolutely necessary according to the Quran. Furthermore, if someone makes a bequest in favor of heirs, whether it is an increase or decrease, it will either be on the paternal side (i.e., regarding parents) or the filial side (i.e., regarding children), and regarding both, Allah Almighty says:

﴿ لَا تَدْرُوْنَ اَيّهُُمْ اَقْرَبُ لَكُمْ نَفْعًا ۭ فَرِيْضَةً مِّنَ اللّٰهِ ۭاِنَّ اللّٰهَ كَانَ عَلِيْمًا حَكِيْمًا﴾ [4: 11]

"You do not know which of your fathers or your sons is closer to you in benefit. These are fixed shares prescribed by Allah, and Allah is All-Knowing, All-Wise." If someone makes a bequest contrary to the shares fixed by Allah for the heirs, he is not only violating this verse but also challenging Allah's knowledge and wisdom, and also ﴿لَا تَدْرُوْنَ اَيّهُُمْ اَقْرَبُ لَكُمْ نَفْعًا﴾. These Qur'anic arguments clearly prove that making a bequest in favor of heirs is against the intent of the Quran. Also, Parwez Sahib's theory that 'he may give as much as he wishes' must necessarily exclude the heirs. Now, let us turn to the second part of Parwez Sahib's position, 'he may give as much as he wishes.' According to Surah Baqarah, verse 180, bequest was made obligatory for parents and relatives, and according to Surah Nisa, verse 11, Allah Almighty Himself fixed the shares of parents and relatives. This makes it clear that at the time of inheritance distribution, parents and relatives cannot be ignored in any way. Combining the results of both, it follows that a person cannot bequeath all his wealth to non-heirs. He cannot give as much wealth as he wishes. Rather, only a portion of the wealth can be given by bequest, and that too only to non-heirs, not to heirs. Now, as for what this "portion" is that the deceased can bequeath, a study of both Quranic passages shows that the real rightful claimants of the estate are the parents and relatives. Therefore, the greater part of the wealth should go to them, and the lesser part should be what the deceased can give by bequest to a non-heir. Now, the specification of this "lesser part" is not actually mentioned in the Quran, but the Prophet ﷺ explained that this lesser part can be up to one-third of the wealth at most. If a bequest is made for more than this, it will fall under ﴿جَنَفًا اَوْ اِثْمًا﴾, in which alteration and amendment can be made, and the right to correct it has been given by Allah Almighty to every reformer. And Parwez Sahib gives this right, in the presence of the deceased, to the community, and after the death of the deceased, to the Islamic court (Qurani Faislay, p. 110). And perhaps even Tulu-e-Islam will accept that the Prophet ﷺ was the greatest reformer, well-wisher, and benefactor of his Ummah, and also the Islamic court. Then, if this specification by the Prophet ﷺ is proven correct from reliable sources, and it is not against the Quran, but rather in accordance with the principle that the Quran itself has given the Prophet ﷺ the right to explain and specify its general commands, then it is unclear what objection Tulu-e-Islam could have to accepting such a limit set by the Prophet ﷺ. And how can it be justified in making a hue and cry that these hadiths are clearly against the Quran? It should be noted that according to the belief of the majority of Muslims, who accept the Sunnah of the Prophet ﷺ as proof, the Prophet ﷺ made this specification through hidden revelation (wahy khafi), which is included in ﴿بِمَآ اَنْزَلَ اللّٰهُ﴾.

[18]
The Shares of Inheritance Mentioned in the Quran:

First, the shares of children are mentioned, and the principle is stated that the share of each son will be twice that of a daughter. This is because Islam has placed the burden of financial responsibility on men and relieved women of it, and when a man is no longer able to earn, such as a father or grandfather, his share is equal to that of a woman, i.e., mother or grandmother. [19] If there are only daughters among the children, then if there is one daughter, she will receive half the estate; if there are two or more, they will receive two-thirds. And this is the maximum limit for the share of women. Among the objections raised by the Shia against Sayyiduna Abu Bakr ؓ and Sayyiduna Umar ؓ is that Sayyida Fatima ؓ asked Sayyiduna Abu Bakr ؓ for her share of inheritance from her father, the Messenger of Allah ﷺ, but Sayyiduna Abu Bakr ؓ refused to give her half the estate according to the command of the Quran. Similarly, during the caliphate of Sayyiduna Umar ؓ, Sayyiduna Ali ؓ asked for the same share on behalf of Sayyida Fatima ؓ, and he also refused. Therefore, both are usurpers. Just as they usurped the right of caliphate from Sayyiduna Ali ؓ, they also usurped the right of inheritance from Sayyida Fatima. The answer to the usurpation of the right of caliphate will be given later in the footnote to verse 54 of this surah, and here we are giving the answer regarding the right of inheritance.

The Inheritance of the Prophet ﷺ:

It should be clear that the Prophet ﷺ had two statuses: one personal or individual, and the other as a Messenger and ruler of the Islamic state. Therefore, we must see, in light of these two statuses, what was his estate and what rulings he issued regarding them. Regarding personal estate and its rulings, consider the following hadiths:

1. Amr bin Harith says: "The Messenger of Allah ﷺ did not leave behind any dinar or dirham (as inheritance), nor any slave or slave-girl. He left only a white mule which he used to ride, or some weapons of war, and the land he had, he gave as charity for travelers." [بخاری، کتاب الفرائض، باب قول النبی لا نورث ماترکنا صدقۃ]

2. Sayyida Aisha ؓ says: "When the Messenger of Allah ﷺ passed away, his armor (Abu al-Shahm) was mortgaged with a Jew for thirty sa' of barley." [بخاری، کتاب الجہاد والسیر، باب ما قیل فی درع النبی]

3. Sayyiduna Anas ؓ says: "I brought barley bread and some stale fat to the Messenger of Allah ﷺ, and at that time his armor was mortgaged with a Jew in Madinah, and he had taken barley for his wives from him. And I heard Muhammad ﷺ say: 'The family of Muhammad never had a sa' of wheat or grain stored for the evening.' At that time, he had nine wives." [بخاری، کتاب البیوع، باب شری النبی النسیئۃ]

The Three Claimants to the Prophet's ﷺ Inheritance

From these hadiths, it is clear that the Prophet ﷺ had no personal estate. The remaining assets were only the fay' property. And Allah Almighty had given him the authority to spend these assets as he wished and wherever he wished. Among these assets was the garden of Fadak, some land in Khaybar, and some land in Madinah, which had no owner and was under state control. From these assets, he would set aside the annual expenses for his wives, and that too with great frugality. Some he would distribute among his needy relatives, some he would spend on the expenses of jihad and public welfare. In essence, this was the property of the public treasury (Bayt al-Mal). These were the assets regarding which the heirs made claims to Sayyiduna Abu Bakr ؓ and then to Sayyiduna Umar ؓ. There were three claimants: first, Sayyida Fatima, whose share according to the verse of inheritance would be 1/2; second, his wives, whose share would be 1/8; and third, his uncle Sayyiduna Abbas ؓ, whose share as 'asaba (residual heir) would be 3/8. Now, regarding them, consider the following hadiths:

1. Sayyida Aisha ؓ says: "After the Prophet's ﷺ death, Sayyida Fatima ؓ asked Sayyiduna Abu Bakr al-Siddiq ؓ for her share of the property which Allah had given to the Prophet ﷺ as fay'. Abu Bakr al-Siddiq ؓ replied that the Messenger of Allah ﷺ said: 'We, the Prophets, have no heirs. Whatever we leave behind is charity.' At this, Sayyida Fatima ؓ became upset and left. She did not meet Abu Bakr ؓ until her death, and she lived for six months after the Prophet ﷺ. She used to ask for her share from the garden of Fadak, the lands of Khaybar, and Madinah, but Sayyiduna Abu Bakr ؓ replied: 'I will not leave anything that the Prophet ﷺ used to do. I will continue to distribute these assets as he used to do. I fear that if I leave any of his practices, I may go astray.'" [بخاری، کتاب الجہاد، باب فرض الخمس]

2. And according to another hadith, also narrated by Sayyida Aisha ؓ, both Sayyida Fatima and Sayyiduna Abbas ؓ demanded their share of the fay' property from Sayyiduna Abu Bakr ؓ, and it is possible that these were separate occasions. Sayyiduna Abu Bakr ؓ gave them the same answer as mentioned in the above hadith. [بخاري، كتاب المغازي۔ باب حديث بني نضير و مخرج رسول الله اليهم]

3. Sayyida Aisha ؓ says: "The wives of the Prophet ﷺ sent Sayyiduna Uthman ؓ to Sayyiduna Abu Bakr al-Siddiq ؓ to ask for their one-eighth share from the fay' property. I forbade them and said: 'Do you not fear Allah? Do you not know that the Prophet ﷺ used to say: We, the Prophets, have no heirs. Whatever we leave behind is charity.' So the wives of the Prophet ﷺ refrained from asking for inheritance." [بخاری کتاب المغازی۔ باب حدیث بنی نضیر ومخرج رسول اللہ الیھم]

The above three hadiths relate to the era of Abu Bakr al-Siddiq ؓ. In the era of Umar ؓ, there were only two claimants: Sayyiduna Ali ؓ on behalf of his wife Sayyida Fatima ؓ, and Sayyiduna Abbas ؓ as 'asaba. Both demanded their share of the fay' property, so Sayyiduna Umar ؓ, after giving his arguments, said: "I can only hand over these assets to you on the condition that you act as trustees and distribute them exactly as the Messenger of Allah ﷺ used to do." They did not accept this condition. When they came again, Sayyiduna Umar ؓ gave the same answer, and this time they accepted the condition of trusteeship. Sayyiduna Umar ؓ handed over the assets to them and said: "If you do not fulfill this condition, I will take the assets back into my custody." In practice, Sayyiduna Ali ؓ became the trustee of these assets and did not allow Sayyiduna Abbas ؓ to take possession. After Sayyiduna Ali ؓ, these assets were in the custody of Imam Hasan ؓ, then Imam Husayn ؓ, then Imam Zayn al-Abidin Ali bin Husayn, and then Hasan bin Hasan (Hasan al-Muthanna), and both managed them alternately. Then they were with Zayd bin Hasan bin Ali (their brother), and each person managed them in the same way, as the charity of the Messenger of Allah ﷺ (i.e., they acted as trustees, not as owners). Now we present an excerpt from a lengthy hadith that sheds light on all these matters:

In Reality, It Was the Charity of the Messenger of Allah ﷺ:

Malik bin Aws bin Hadthan says: "Sayyiduna Umar ؓ sent for me. As soon as I arrived, Sayyiduna Umar's ؓ servant Yarfa came and said: 'Uthman ؓ, Abdur Rahman bin Awf ؓ, Zubair ؓ, and Sa'd bin Abi Waqqas ؓ have come and seek permission to meet you.' Sayyiduna Umar ؓ granted permission. As soon as they sat down, Yarfa came again and said: 'Abbas ؓ and Ali ؓ have come.' Sayyiduna Umar ؓ called them in as well. Sayyiduna Abbas ؓ said to Sayyiduna Umar ؓ: 'O Commander of the Faithful, decide between me and this man.' Both were disputing over the fay' property of Banu Nadir and had resorted to insulting each other. Uthman ؓ and his companions said: 'O Commander of the Faithful, decide between them and relieve us of them.' Sayyiduna Umar ؓ said to both: 'I ask you by Allah, did the Messenger of Allah ﷺ not say: "We have no heirs. Whatever we leave behind is charity?"' Both said: 'Indeed.' Then Sayyiduna Umar ؓ recited the verses of Surah Hashr regarding fay', and said: 'By Allah! The Prophet ﷺ did not keep these assets for himself. Rather, he gave and distributed them among you. From this wealth, he would take out the annual expenses for his wives, and whatever remained, he would spend for life on war equipment and public welfare. Then Abu Bakr ؓ, who was the successor of the Prophet ﷺ, did the same, even though you both used to say at that time that Abu Bakr's ؓ action was not correct. And Allah knows that Abu Bakr ؓ was truthful, upright, on the right path, and a follower of the truth. Then after him, I am now their successor. Then you both (Abbas and Ali ؓ) came to me. At that time, your matter and your words were one. Then, O Abbas! You alone came to me, and I said the same: the property of the Prophets is charity. Then I said to both of you: I will only give you these assets on the condition that you distribute them exactly as the Messenger of Allah ﷺ, Abu Bakr ؓ, and I have done. If you accept this condition, fine; otherwise, do not talk to me. You accepted this condition, so I handed over the assets to you. Now what more do you want? Now, if you dispute over this wealth and cannot manage it, then hand it back to me. I will take care of it myself.' But they got up and left, and did not agree to return the assets to Sayyiduna Umar ؓ, and in practice, Sayyiduna Ali ؓ took possession of the assets. Urwah bin Zubair ؓ says: 'This wealth remained in the possession of Sayyiduna Ali ؓ, and he did not allow Sayyiduna Abbas ؓ to take possession of it. After that, it came into the possession of Hasan bin Ali ؓ, then Husayn bin Ali ؓ, then Ali bin Husayn and Hasan bin Hasan, who managed it alternately. Then it was with Zayd bin Hasan. And in reality, these assets remained the charity of the Messenger of Allah ﷺ.'" [بخاری، کتاب المغازی، باب حدیث بنی نضیر و مخرج رسول اللہ الیھم]