Surah An-Nissa Ayah No. 11 to 14

Surah An-Nissa Ayah #11-14 (4:11-14)

A-   Translation

 

١١  يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ ۚ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ ۚ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا

[Quran 4:11] Allah Was’iy (يُوصِيكُمُ) you regarding your Auladekum (أَوْلَادِكُمْ) for the Zikar (لِلذَّكَرِ) is like Hazzan (حَظِّ) of the Ans’a’en (الْأُنْثَيَيْنِ). Then if there are Nissa’an (نِسَاءً), Fouq (فَوْقَ) is double then for him/her S’alas’a (ثُلُثَا) what is left. And if there is Wahidatun (وَاحِدَةً), then for him/her the Nis’fu (النِّصْفُ). And for the Walideen (َلِأَبَوَيْهِ), for each one of them is sixth of what is left, if for him/her a Waladun (أَبَوَاهُ). But if there is not for him/her any Waladun (وَلَدٌ), and he/she inherits his/her Abwahu (أَبَوَاهُ) then for his Ummehi (َلِأُمِّهِ) third. And if he/she has siblings, then for his/her Ummihi (فَلِأُمِّهِ) sixth. This is from after he/she Was’iy (يُوصِي) of Was’iyyatin (وَصِيَّةٍ) from it or Deen (دَيْنٍ). Your Aba’aukum (آبَاؤُكُمْ) and your Abnau’kum (أَبْنَاؤُكُمْ) – you do not know who is Aqraba (أَقْرَبُ) to you in Nafa’an (نَفْعًا). This is Fareezan (َرِيضَةً) from Allah. Indeed, Allah is All-knowing Hakeeman (حَكِيمًا).

 

١٢  وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ ۚ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ ۚ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ ۚ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ ۚ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ ۗ وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ ۚ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ ۚ وَصِيَّةً مِنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَلِيمٌ

[Quran 4:12] And for you, Nis’fu (نِصْفُ) of what is left by your Azwaaj (أَزْوَاجُكُمْ), if not for them any Waladun (وَلَدٌ). If there is for them Waladun (وَلَدٌ), then for you is fourth of what they left. This is from after they Was’iy (يُوصِينَ) of Was’iyyatin (وَصِيَّةٍ) from it or Deen (دَيْنٍ). And for them is forth of what you left if not for you Waladun (وَلَدٌ). But if for you Waladun (وَلَدٌ), then for them is eight of what you left. This is from after you Was’iy (تُوصُونَ) of Was’iyyatin (وَصِيَّةٍ) from it or Deen (دَيْنٍ). And if there is a Rijaal (رَجُلٌ) who has inherited Kalaalatan (كَلَالَةً) or a Amraatun (امْرَأَةٌ), and for him/her a brother or a sister, then for each one of them, sixth. But if they are more than that, then they Shuraka’a (شُرَكَاءُ) in the third, from after any Was’iyyatin (وَصِيَّةٍ) was Yuwas’I (يُوصَىٰ) from it or Deen (دَيْنٍ) without Muzarrin (مُضَارّ). And Was’iyatan (وَصِيَّةً) from Allah. And Allah is All-knowing Haleem (حَلِيمٌ).

 

١٣  تِلْكَ حُدُودُ اللَّهِ ۚ وَمَنْ يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا ۚ وَذَٰلِكَ الْفَوْزُ الْعَظِيمُ

[Quran 4:13] These are the limits by Allah. Whoever Yut’eyu (يُطِعِ) Allah and Allah’s Rasool (رَسُولَهُ), Allah will admit him/her to Jannat underneath which flow the Anhaar (الْأَنْهَارُ), Khaalideen (خَالِدِينَ) in it. And that is the great success/attainment.

 

١٤  وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُهِينٌ

[Quran 4:14] And whoever Yu’as’e (يَعْصِ) Allah and Allah’s Rasool (رَسُولَهُ), and transgresses Allah’s limits, Allah will admit him/her to Fire, Khaalideen (خَالِدًا) in it, and for him/her is a humiliating Azaab (عَذَابٌ).

 

B-   THE CONCEPT:

 

Before we discuss these ayahs of Surah An Nissa, commonly referred as the Divine guidance w.r.t. Islamic Inheritance Laws, its important to understand when and how these laws are to be applied

 

General Misconceptions Surrounding Islamic Inheritance Laws:

With respect to Wassiyaat, the laws of inheritance, people normally refer to ayahs 4:11-4:14 in order to identify detailed requirements as to how the estate of a deceased needs to be divided. This is the most common misconception and malpractice surrounding the Islamic Inheritance Laws that is to assume that these are the divine laws on the basis of which inheritance is to be decided and the Islamic will has to be drafted- is completely wrong and is not backed by Quran. This wrong interpretation is done by overlooking and ignoring the portion of the ayah which is the most important phrases in these ayahs. Whenever we take only a part of the ayah or take an ayah without taking into considerations the context in which it appears in the Quran, we enter into the dangerous domain of misinterpretation of the divine guidance.

 

Within the ayahs 4:11-14, people ignore the most important phrase “…This Wasiyat (estate) is after any Wassiyan (bequest, will) he/she made or after fulfilling any debt…”  which shows that all the detailed set of instructions in the ayahs 4:11 to 4:14 are ONLY applicable on the remaining balance of the wealth after two main aspects which must be taken care of first:

 

(1) any wassiyat/will that the deceased has made as per his/her will.

(2) any debt on the deceased’s estate that needs to be paid off.

 

Once these two aspects have been taken care of, and if there is any estate left, then and only then these ayahs are highlighting the divine instructions of inheritance distributions which is applicable on that extra remaining estate-not otherwise and not before these two most important aspects have been fulfilled. In fact, the most common phrase in these ayahs is “…This is from after he/she Was’iy (يُوصِي) of Was’iyyatin (وَصِيَّةٍ) from it or Deen (دَيْنٍ)…” This is an extremely important phrase of these ayahs which are completely missed and ignored in translation and understanding of these ayahs. It is highlighting and explicitly saying that all these divine instructions of inheritance distributions are only applicable on the remaining amount of the deceased’s estate once the deceased’s Was’iyat is fulfilled and any debt is taken care of. If there is anything left after that, THEN AND ONLY THEN, all these divine instructions of inheritance distributions would be applicable ONLY on the remaining portion. These divine instructions DO NOT replace any of the deceased’s Was’iyat, nor it has any preference over the payment of any outstanding debt on the deceased.

 

Writing of Will is mandatory as per Deen- based on each and every persons’ own unique situation and desires:

Contrary to general understanding, the writing of will and Was’iyat is enjoined upon all of us as a duty, a Haqq of our near and dear ones, as per clear Quranic guidance through ayah 2:180.  [Quran 2:180] “Kutiba for you- when death approaches to one of you is to bequeath Khai’run Wasiyyat for the parents and the Aqrabiin with Maruuf; as a Haqq upon the Muttaqeen”. This ayah describes the aspects of wassiyat, why it is so important and whose Haqq-due right it is. The Ayah 2:180 basically identifies Wassiyat as something that has been made Kutiba (written, prescribed, made obligatory, compulsory) on those who are Muttaqueen. Therefore, it has been made compulsory by Allah, to bequeath Wasiyatt before our deaths. Who are the rightful beneficiaries, those who have the due right is something that Allah has left in the hands of each and every person to decide based on his or her own unique situation. But what has been made compulsory and Farz upon us is that we do Was’iyat, write our will, before our deaths. The most important recipient mentioned with respect to the Was’iyat are Walideen – our parents, Aqarabeen- our near and dear ones, our loved one, our family, our friends, our neighbors, whoever we hold highest in terms of their importance and significance to our lives, whoever are nearer to us; the Nissa- weaker segments of the society and those who we are under oath for to look after them. The words which are of prime importance in this ayah is that the Wasiyyat for our parents and the Aqrabiin would be Ma’roof – i.e., something which is pleasant, valuable and acceptable as per their due right, based on their efforts and contributions to our lives, their significance to us, whatever is pleasant and acceptable to them. And lastly the phrase that “…Wassiyat is Haqq upon the Mutaqueen.”  Here the word Haqq is used in the meanings of obligations, duties, responsibilities that is enjoined, prescribed, made obligatory on the Muttaqueen.

 

The Concept of Ayahs 4:11 to 4:14

As per the context of these ayahs, i.e. ayahs 1-10 of Surah An Nissa which talks about being extremely careful and upholders of justice as Adal and Qist towards Yatama and their Awaal, and behavior towards Yatama- not just orphans, but anyone and all those who have been left all alone in the world, for whom there is no one to take care of or support their rights, who cannot take care of themselves may be due to any disability or illness or jobless situation, unemployment, poverty, death of parents, etc.  Whatever someone receives, as a gift, a wasiyat, a will etc. from the parents or any of the Aqraba (the near and dear ones) is the entitlement and due right of that person, whether the one is male or female, belongs to stronger segment of the society or a weaker one, whether it is little or much, this is mandatory and compulsory entitlement of that person and should be handed over to that person as is.  In case if there is an oath from the deceased to take care of any parents, or Yatama or Miskeen, then it is important that out of that entitlement, Rizq to be provided to these people of the beneficiaries of that oath, along with our dealings, behavior and communication with them in as best a manner as possible. In light with the context of these ayahs, the ayahs 11 and onwards then discuss the Was’iyaat and Allah’s commandments in accordance with such contracts and dealings.

 

Therefore, when Allah says in the ayah 4:11 “Allah Was’iy (يُوصِيكُمُ) you regarding your Auladekum (أَوْلَادِكُمْ)…” This means that Allah is telling us the rules and guidance related to Was’iyat- the inheritance. Additionally, since we know that the word Was’iy is used here in the meanings of instruction, explicit commandment and guidance. Thus, the first phrase of this ayah telling us that Allah is going to give us the divine instructions, the specific commandments which are going to be related to the Aulaad, i.e., one’s children or people who are closed to us like our own children. “…for the Zikar (لِلذَّكَرِ) is like Hazzan (حَظِّ) of the Ans’a’en (الْأُنْثَيَيْنِ)…..” which is mostly mistranslated as that for the male is like that of two females, which is not what this ayah is talking about as Quran never deals and decide matters based on one’s gender at all. Neither the word Zikar means male nor the word Ans’aeen means as two females. The word Hazzan is normally translated as part or portion or share, but basically used in Quran in the meanings of fortune. The word Ans’aen, is plural of Ans’as normally translated as females, but the use of the word Inaa’san in Quran is not in the meanings of females at all. The word Zakara is mistranslated as males and the Aunsa is mistranslated as females, whereas the word Zakara is basically the same as Zikar, meanings the Hidayah, the Kitaab, the Quran. In terms of Allah’s creations, Allah has created everything in the universe including the Hidayah (the Zakara) and the nature (the Aunsa). Thus, everything created by Allah either works as per Hidayah like us being humans or as per Nature like everything in the universe even we humans as well if we if we reject Hidayah. Therefore, if we exclude the Zikar then only Aunsa left, which refers to the basic nature, characteristics of Allah’s creations, as a combination of one’s Fitrat as well as the environment & upbringing, be it Insaan, the mankind, or the plant or animals or the universe, or anything therein. Thus, Aunsa (our basic nature, fitrat) or An’sa’een as plural in terms of our basic natures or fitrats are those aspects on which we are created along with the impacts of environment and upbringing. Thus here when Allah says, “Allah Was’iy (يُوصِيكُمُ) you regarding your Auladekum (أَوْلَادِكُمْ) for the Zikar (لِلذَّكَرِ) is like Hazzan (حَظِّ) of the Ans’a’en (الْأُنْثَيَيْنِ)…..” means that Allah is giving Wassiyat regarding your Aulaad, the basic reason of this wassiyat is then mentioned in the next phrase, as, for the Zikar, Quran, the Hidayah, the acts of taking Lessons from the Quran, and being Shaakir, is like that of fortune of the Ans’aeen, your natures and fitrats as impacted by the environment. This phrase therefore is basically telling us that once we do Zikar, we would be in recipients of great fortunes from our Ans’a’een, our natures and fitrats.

 

“…….then if there are Nissa’an (نِسَاءً), Fouq (فَوْقَ) is double then for him/her S’als’a (ثُلُثَا) what is left…..” this phrase is normally mistranslated as, if there are only daughters, two or more, for them is two thirds of one’s estate. And if there is only one, for her is half. However, this is not what Allah is saying in this ayah. The word used here is Nisaa, that segment of community which is devoid of resources, or resource-starved, and therefore is the weaker segments of the society such as orphans, oppressed, Yateem, elderly, etc. In case, if your Aulaad has a Nisaa, then for him or her, would have Fouq- as in Fouqyat, i.e., should be giving more preference and importance. The word used here as As’nateen (اثْنَتَيْنِ) is normally mistranslated as two females, but the word used here is not Ans’a’een, but As’nateen basically means two, as in double. the preference of having Asnateen- double, or two for him/her, S’als’a what is left. The word S’als’a is normally translated as number three in All of its usages in Quran but the basic meanings of the word are in terms such aspects and periods, which, due to the intense transformation, growth or development requirements, are vulnerable, full of hardship, challenges, demanding and extremely stressful in nature. Therefore, the divine guidance here is that in case if there is any Nisaa amongst your Aulaad, then they should be given double preference w.r.t. Wassiyat and their share in order to take care of all their weaknesses, vulnerabilities and hardships.

 

The next phrase “….And if there is Wahidatun (وَاحِدَةً), then for him/her the Nis’fu (النِّصْفُ)…..” is normally mistranslated as if there is only one daughter, then for her is half. But this is not what Allah is telling us.  The word Wahid, is normally translated as ‘one’ however the word is used more in the meanings of the whole or all of the same type of kind. The word Nis’f is normally mistranslated as half but the word is not used in these meanings in Quran but more in the meanings of Justice at its best. Thus, here when Allah says, while talking about Wasiyat for the Aulaad- children, and identifying that for the Nisaa child is the double preference, then the next phrase is “and if Wahidatun, then for him/her the Nis’af…”  is not telling us that if there is only one then give half, as is normally mistranslated but basically the word Wahid refers to all of them being similar or same, with neither one of them as either Nisaa nor as a Rijaal, then in that case, give as per the Nis’af, that is justice as per its best.

 

The next phrase, related to the instruction for Walideen- the parents. “…And for the Walideen (َلِأَبَوَيْهِ), for each one of them is sixth of what is left, if for him/her a Waladun (أَبَوَاهُ)…” Is telling us about a situation where any of the parents alive, and the decease also have children in heirs, then for each of the parent is one sixth of the deceased’s inheritance. It will be applied for one or both parents, being alive. The next phrase telling us about a situation when there deceased have no children in heirs “.. But if there is not for him/her any Waladun (وَلَدٌ), and he/she inherits his/her Abwahu (أَبَوَاهُ) then for his Ummehi (َلِأُمِّهِ) third…” Is telling us that in case if the decease has no children in heirs, and the parents are in fact the inheritance, the responsibility of the deceased, then for the mother is one third of the deceased’s estate and since there is no further change or new ruling about the father of the decease, therefore the father of the deceased will remain entitled of the one sixth as mentioned in earlier phrase. Allah’s wisdom to give someone more share and someone less share is based on the responsibilities of the family, physical and financial situation being Nissa and who is nearer in significance in terms of Naf’aan for us. In case of parents, who are inherited by the deceased, means that the parents are the responsibilities of the deceased and they are not taking care of by any other means. In that case where deceased have no children in heirs, the mother will get one third and the father will get one sixth. The next phrase “…And if he/she has siblings, then for his/her Ummihi (فَلِأُمِّهِ) sixth…” Thus, in the situation where the deceased has siblings then, although the parents were responsibilities of the deceased, then the mother of the deceased would get the same share as that the father, which is one sixth.

 

The next most important phrase “…This is from after he/she Was’iy (يُوصِي) of Was’iyyatin (وَصِيَّةٍ) from it or Deen (دَيْنٍ)…” This is an extremely important phrase of these ayahs which are completely missed and ignored in translation and understanding of these ayahs. It is highlighting and explicitly saying that all these divine instructions of inheritance distributions are only apply on the remaining amount of the deceased’s estate once the deceased’s Was’iyat is fulfilled and any debt is taken care of, and if there is anything left after that, THEN AND ONLY THEN, all these divine instructions of inheritance distributions would be applicable ONLY on the remaining portion.  The last phrase of this ayah gives the background the reasons of Allah’s immense wisdom behind these divine instructions as “…Your Aba’aukum (آبَاؤُكُمْ) and your Abnau’kum (أَبْنَاؤُكُمْ) – you do not know who is Aqraba (أَقْرَبُ) to you in Nafa’an (نَفْعًا). This is Fareezan (َرِيضَةً) from Allah….”  is telling us that from our parents and our children, we at times are unaware who is nearer in significance in terms of Naf’aan for us. The word Nafa’an means extreme help, assistance, benefit, improvement, compensation, advantage, benefit, remedy or utility. And it also means earning of a due right in terms of return on someone’s investment of their efforts, Amwaal, their spending on money, property, title, resources etc.; in the meanings of being compensated for what they earned as their due right; basically, a compensation of whatever that person has earned. Keeping all these meanings in mind, since we do not know, which of the deceased’s parents or children was nearer in significance and Nafaa’ to the deceased, it is best to follow this divine guidance in as much a fair and objective manner as possible. The next phrase “…Indeed, Allah is All-knowing Hakeeman (حَكِيمًا).” Tells us that these ayahs are not only Mahkomaat, communicating the divine guidance but full of wisdom and knowledge.

 

After mentioning the detailed divine instructions related to the parents and children, the next ayah 4:12, then pertains to Azwaaj, Ayah 4:12 And for you, Nis’fu (نِصْفُ) of what is left by your Azwaaj (أَزْوَاجُكُمْ), if not for them any Waladun (وَلَدٌ)…..”  Again, this ayah is mistranslated to say that for you is half of what is left by your Azwaaj if not for them any child. The word Zouj is normally translated as wives only, but the word ZOUJ means something similar, or of the same kind, types or similar beings/things. It also means partner, spouses, pairs, partners, or associates or as Pair- one plus one, either they are alongside with each other such as the pair of Shoes or pair of glasses, or apposite to each other, such as day and night, darkness and light. But the unique characteristics of Zouj are, whether they are alongside or apposite, one cannot exist without the other, or the concept of one cannot exist without the other. For instance, if one of the shoes breaks apart, the whole pair of shoes is rendered useless. Similarly, if one glass in the pair of the eye glasses breaks, the whole pair of Glasses is of no use. We cannot explain the concept of light without the darkness or day without the night or vise versa, i.e. one cannot exist without the other. It is because of this unique characteristic that they are called Zawjaan i.e., part of the same jaan, nafs, soul and each is called Zouj of another. Thus, this ayah is telling us about such partners of ourselves, who are Azwaaj for us, and include both husbands and wives. The word Nis’f means Justice at its best. Thus, here when Allah says, “And for you, Nis’fu of what is left by your Azwaaj if not for them any waladun…” is not telling us that if there is no child of the Zouj, then for you is half of what they have left, but infact is asking us to be just at our best, in terms of aiming for justice at its best, if our Zouj do not leave behind any child.

 

The next phrase “…If there is for them Waladun (وَلَدٌ), then for you is fourth of what they left…” In case there are children for the deceased Azwaaj, then the surviving Azwaaj will get one fourth and the deceased Azwaaj inheritance, and the remaining is going to be for the children of the deceased Azwaaj, which will be distributed as mentioned in the earlier ayah. The next phrase is then repetition of the same important and key rule of all these distributions mentioned in the earlier ayah that “…This is from after they Was’iy (يُوصِينَ) of Was’iyyatin (وَصِيَّةٍ) from it or Deen (دَيْنٍ)…” telling us very specifically and clearly that this is ONLY applicable once the deceased’s inheritance is used to carry out the Was’iyat and the payment of all due debts and loans. Whatever is left, if anything is left after that, is then going to be distributed as per this ayah.

 

The next phrase is “…And for them is forth of what you left if not for you Waladun (وَلَدٌ). But if for you Waladun (وَلَدٌ), then for them is eight of what you left…” Is talking about the children of that 1st Zouj who has already died before. In case if the surviving Zouj also dies, then whatever that 2nd Zouj leaves behind, then the children of 1st Zouj would get one fourth of the 2nd Zouj inheritance, if the 2^nd Zouj (who has also died now) does not have a child of his/her own. In case if that 2nd Jouj does have a child of his/her own, then the children of 1st Zouj (who died earlier) will get one-eighth in the heritance of the 2nd Jouj and the remaining of the 2nd Zouj estate would be given to his/her own child/children, which will be distributed as mentioned in the earlier ayah. The next phrase is then repetition of the same important and key rule of all these distributions mentioned in the earlier ayah that “…This is from after you Was’iy (تُوصُونَ) of Was’iyyatin (وَصِيَّةٍ) from it or Deen (دَيْنٍ)…” telling us very specifically and clearly that this is ONLY applicable once the deceased’s inheritance is used to carry out the Was’iyat and the payment of all due debts and loans. Whatever is left, if anything is left after that, is then going to be distributed as per this ayah.

 

The next phrase is then referring to the inheritance for any person who is Rijaal and could be recipient of such inheritance in the capacity of child or parent or any other Aqraba etc. “…And if there is a Rijaal (رَجُلٌ) inherited Kalaalatan (يُورَثُ)…” This phrase is widely mistranslated as ‘and if there is a man who has inherited no parent or child…’ both these words Rijaal as ‘Men’ and Kalalatan as ‘no parent or child’ are wrong translations. The word Rijaal is used in Quran also in the meanings of such people who belong to strong segments of a society, including both men and women, who do not need any one else to take care of them for survival or sustenance. Similarly, the word Kalaalatan is normally mistranslated as ‘no parent or a child’, whereas the Kullon means responsibility, burden, duty, obligation, load or dependability. Therefore, this ayah is talking about such Rijaal who have responsibilities and duties, on whom there are some people dependent or who have others relying on him/her for sustenance or survival. The next phrase “…or a Amraatun (امْرَأَةٌ)…” Here the point to think and ponder is that, to whom this word Amraatun refers to. Since we are talking about Was’iyaat related to such People who are Rijaal, means they belong to stronger segments of society, and they are recipients of such Wasiyaat/inheritance, these Rijaal, male or female, could be in recipient of such inheritance as a parent, or a child of the deceased and hence would have spouses of their own as well. This word Amraatun is not referring to spouses but such people who are closely related of this Rijaal but due to any reason becomes distant to the Rijaal and apparently are not considered as the Rijall’s true responsibility, burden, duty, dependent or obligation but in fact they are rightful for the Rijaal’s share by relations. The next phrase is “…and for him/her a brother or a sister, then for each one of them, sixth…” Which means that in case if there is a Rijaal, who is a recipient of such inheritance, then each of his/her dependents, spouses (his/her), siblings, and those close relations which becomes distant for some reason, each one would get one sixth of the share of inheritance that he/she (the Rijaal) has received. However this one sixth share is limited to 1 person of each category mentioned above, therefore the next phrase tells us what should we do in case if there are more than that “…But if they are more than that, then they Shuraka’a (شُرَكَاءُ) in the third…” Which means that the third of the inheritance as received by the Rijaal is to be divided equally between every one of the Rijaal’s dependents, spouses (his/her), siblings, and those close relations which becomes distant for some reason.

 

The next phrase is then repetition of the same important and key rule of all these distributions mentioned in the earlier ayah that “…from after any Was’iyyatin (وَصِيَّةٍ) was Yuwas’I (يُوصَىٰ) from it or Deen (دَيْنٍ)…” telling us clearly that this is ONLY and once the deceased’s inheritance is used to carry out the Was’iyat and the payment of all due debts and loans. Whatever is left, if anything is left after that, is then going to be distributed as per this ayah. However here, there is an additional phrase is “…without Muzarrin (مُضَارّ)…” which means that there should not be any sort of harm or injury- psychological, financial or emotional in case of determination of inheritance if the recipient is a Rijaal, which closely align with the strong standing of the person being Rijaal and rightful close relation with weak links. The next phrase is again basically stressing the first phrase of ayah 4:11 that “…And Was’iyatan (وَصِيَّةً) from Allah…” This means that Allah has told us through these ayahs the divine guidance related to Was’iyat- the inheritance. Additionally, since we know that the word Was’iy is used here in the meanings of instruction, explicit commandment and guidance. Thus, these are explicit commandments, the guidance, the divine instructions and the specific rules by Allah pertaining to the inheritance and Wa’siyat. The next phrase “…And Allah is All-knowing Haleem (حَلِيمٌ).” As we know the word Haleem means someone who is wise, sensible, smart and intelligent yet holds the qualities of being compassionate, caring, kind, and considerate. Therefore, this phrase that Allah is All-knowing Haleem, is a deep and though provoking, since these ayahs are embodiment of immense knowledge, kindness, compassion and wisdom.

 

The next two ayahs 4:13-14 are self-explanatory ayahs, telling us that whoever follows these limits are actually doing Attiu Allah wa Attiu Rasool. “These are the limits by Allah. Whoever Yut’eyu (يُطِعِ) Allah and Allah’s Rasool (رَسُولَهُ), Allah will admit him/her to Jannat underneath which flow the Anhaar (الْأَنْهَارُ), Khaalideen (خَالِدِينَ) in it. And that is the great success/attainment. Whereas on the other hand for those who are on the opposite end are “And whoever Yu’as’e (يَعْصِ) Allah and Allah’s Rasool (رَسُولَهُ) and transgresses Allah’s limits…” Here the word Yu’as’e is normally mistranslated as disobeyed, this is a wrong translation. The real meanings of the word as used in Quran is in terms of “understood” or “perceived correctly” or “understand rightly”. Since these Ayahs are embodiment of great wisdom and depth, there is a possibility that someone may not be able to understand it or comprehend the divine guidance correctly. Therefore, this ayah is not talking about such people. but is talking about those who Yu’as’e the Allah and the Rasool, meaning the message, the Hidayah, they understood clearly and correctly the divine guidance, but even then they transgress, cross these limits, for such people Allah is saying that “… Allah will admit him/her to Fire, Khaalideen (خَالِدًا) in it, and for him/her is a humiliating Azaab (عَذَابٌ)”

 

C-    IMPLEMENTATION IN TODAY’S LIFE:

These ayahs from ayah 11 to 14 of Surah An-Nissa give us the following important guidance that we can apply in our day to day lives:

 

1. The concept of Inheritance as per Islam is based on Haqq and not gender at all: The concept of Was’iyat as per Quran have to be applied in our day-to-day lives by keeping in mind that Allah’s Deen is perfected by Allah; it is Haqq, based on Allah’s Solid judicial principals with justice, adal and Qist at its best with the basic foundations of care, compassions, forgiveness and considerations for each other through uniting each other through strong bonds of love and compassion both during the life and even afterwards through one’s wassiyat.

 

2. Writing of Will is Mandatory upon everyone: Wassiyat- writing of one’s will, is something that has been made Kutiba on those who are Muttaqueen; made compulsory as per the laws of Deen by Allah that we do Was’iyat, write our will, before our deaths. The two most important recipients are Walideen – our parents and Aqarabeen – our near and dear ones; and the Will have to be Ma’roof – something which is pleasant, valuable and acceptable as per their due right, based on their efforts and contributions to our lives, their significance to us, whatever is pleasant and acceptable to them.

 

3. These laws as per these ayahs are ONLY applicable after the fulfillment of Will and payment of debts: the detailed set of instructions in these ayahs is only applicable on the remaining balance of the wealth after two aspects have been taken care of (1) any Was’iyat that the deceased has made as his/her will (2) any remaining debt that needs to be paid off. Once these two aspects have been taken care of, and if there is any estate left, then and only then the distribution of that extra remaining estate is to be done as per these ayahs and not otherwise.

 

4. Other Broad Guidelines- Nissa has double Fouqyat/ preference: The Nissa, if any one belongs to the weaker segment of the society, then, his/her share would have preference over anyone else and would be given one third of the deceased share, whereas for the remaining portion, others would be partners. Inheritance by Rijaal: The Rijaal belonging to stronger segment of the society- his/her inheritance would be shared by all of his/her dependents, spouses (his/her), siblings, and those close relations which becomes distant for some reason.

 

Footnotes:

D-  THE KEY-WORD VOCABULARY:

For the updated Keyword Vocabulary, kindly visit our website at the link https://quranthinkers.com/keyword-vocabulary-by-wqt/