Introduction to Inheritance – An-Nisaa 11

{Allah counsels you regarding your children – for the male is twice the share of the female. If they are women, more than two, theirs is two-thirds of what he left. If she is only one, then hers is one half. And, for the two parents, one sixth for each of them of what he left if he had children. If he had no children and was inherited by his parents then for his mother is one third. If he had any brothers or sisters, then for his mother is one sixth after any will he may have left or any debt. Your parents and your children – you do not know which of them is closest to you in benefit. This is a determination (an obligation) from Allah. Verily Allah is the Knowing, the Wise. (11)}

An-Nisaa: 11

1. {Allah counsels you regarding your children}, i.e., the children of one who as died among you. If these children include any males, they inherit all that is left after the assigned portions based on the hadith: "Get the fixed amounts (of inheritance) to their people and whatever is left is for the closest male relative." Children of sons inherit likewise if there are no direct children remaining.

2. {for the male is twice the share of the female} – when the children of the deceased include both sons and daughters.

3. {If they are women, more than two, theirs is two-thirds of what he left} If the chilren consist of more than two daughters with no sons, then their share is two thirds of the inheritance. If they are exactly two daughters, they likewise take two thirds by analogy with the two sisters mentioned in the last verse of this sura.

4. {If she is only one, then hers is one half} If the only children of the deceased is a single daughter, hers is one half of the inheritance.

5. {And, for the two parents, one sixth for each of them of what he left if he had children} any children – one or more, male or female or children of sons also.

6. {If he had no children and was inherited by his parents then for his mother is one third} If the deceased left NO children, including no children of sons, and the ONLY heirs are the two parents, then the division is one third for the mother and the remainder (two thirds) for the father. If the deceased left husband or wife, the mother gets one third of what is left after the spouses inheritance and the father takes the remainder.

7. {If he had any brothers or sisters, then for his mother is one sixth} regardless of whether they are brothers, sisters, or both, as long as they are more than one (ihkwa –translated above as ‘brothers or sisters’ is in the plural). A single brother or sister does not change the mothers share from one third to one sixth.

8. {after any will he may have left or any debt} A reference to the fact that debts and any will left by the deceased (in that order) have first priority over the estate. Wills in Islam cannot be for more than one third of the total estate and none of it can go to anyone who inherits.

9. {Your parents and your children – you do not know which of them is closest to you in benefit} And so Allah divided for us the shares of inheritance between all of these and did not leave this issue for us to decide.

10. {This is a determination (an obligation) from Allah. Verily Allah is the Knowing, the Wise} The rulings stated in this verse are a faridha – absolute obligation from Allah and must be carried out and applied by the Muslims.

 

Introduction to Inheritance – An-Nisaa 12

{And yours is half of what your wives have left if they have no child. If they have child, yours is one quarter of what they leave after any will which they have determined or any debt. And for them is one quarter of what you leave behind if you have no child. If you have any child, then theirs is one eighth of what you leave behind after any will you have determined or any debt. And if a man is inherited kalaala (one who leaves neither parents nor children) or a woman and he has a brother or a sister then for each of them is one sixth. If they are more than that , then they share on third after any will which has been determined of any debt without doing harm. This is a counsel from Allah and Allah is the Knowing, the forebearing.}

An-Nisaa: 12

11. {And yours is half of what your wives have left if they have no child} Allah here addresses men. Child here means sons or daughters or the sons and daughters of sons regardless if they are from this husband or from another.

12. {If they have child, yours is one quarter of what they leave} If the wife has any children or children of sons (from this husband or another), then the husband’s share goes from one half to one quarter.

13. {And for them is one quarter of what you leave behind if you have no child} Regardless whether that child is from this wife or from another and including children of sons. If there is more than one wife, they share this amount evenly.

14. {If you have any child, then theirs is one eighth of what you leave behind.} Same as above.

15. {And if a man is inherited kalaala (one who leaves neither parents nor children) or a woman and he has a brother or a sister then for each of them is one sixth.} The scholars are unanimous here that the reference is to brothers or sisters by mother. Those by father or by father and mother are explained in the last verse in this sura. Either of them gets one sixth if they are alone.

16. {If they are more than that , then they share on third} Shared evenly between brothers and sisters.

17. {without doing harm} By means of debt or will in any way. For example if the deceased before passing claims to acknowledge a debt which is not real or makes a will the only intention of which is to harm the heirs, or for more than one third without the permission of the heirs or to some of the heirs (the last two are never allowed). Ibn Abbas said: "Causing harm with one’s will is one of the major sins."