Surah 4. An-Nisaa, Ayah 12
| ۞ 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 |
| Asad | : | And you shall inherit one-half of what your wives leave behind, provided they have left no child; but if they have left a child, then you shall have one-quarter of what they leave behind, after [the deduction of] any bequest they may have made, or any debt [they may have incurred]. And your widows9 shall have one-quarter of what you leave behind, provided you have left no child; but if you have left a child, then they shall have one-eighth of what you leave behind, after [the deduction of] any bequest you may have made, or any debt [you may have incurred]. And if a man or a woman has no heir in the direct line, but has a brother or a sister, then each of these two shall inherit one-sixth; but if there are more than two,10 then they shall share in one-third [of the inheritance], after [the deduction of] any bequest that may have been made, or any debt [that may have been incurred], neither of which having been intended to harm [the heirs].11 [This is] an injunction from God: and God is all-knowing, forbearing. |
| Malik | : | You shall inherit one half of your wives' estate if they leave no child, but if they leave behind a child then you will get one fourth of their estate, after fulfilling the terms of their last will and the payment of debts. Your wives shall inherit one fourth if you leave no child behind you; but if you leave a child, then they shall get one-eighth of your estate; after fulfilling the terms of your last will and the payment of debts. If a man or a woman leaves neither ascendant nor descendants but has left a brother or a sister, they shall each inherit one sixth, but if they are more than two, they shall share one third of the estate; after fulfilling the terms of the last will and the payment of debts; without prejudice to the rights of the heirs. Thus is the commandment of Allah. Allah is Knowledgeable, Forbearing. |
| Pickthall | : | And unto you belongeth a half of that which your wives leave, if they have no child; but if they have a child then unto you the fourth of that which they leave, after any legacy they may have bequeathed, or debt (they may have contracted, hath been paid). And unto them belongeth the fourth of that which ye leave if ye have no child, but if ye have a child then the eighth of that which ye leave, after any legacy ye may have bequeathed, or debt ( ye may have contracted, hath been paid). And if a man or a woman have a distant heir (having left neither parent nor child), and he (or she) have a brother or a sister (only on the mother's side) then to each of them twain (the brother and the sister) the sixth, and if they be more than two, then they shall be sharers in the third, after any legacy that may have been bequeathed or debt (contracted) not injuring (the heirs by willing away more than a third of the heritage) hath been paid. A commandment from Allah. Allah is Knower, Indulgent. |
| Yusuf Ali | : | In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing. 519 520 521 522 |
| Transliteration | : | wa- la- -kum nis.f maa taraka azwaaj -kum 'in lam yakun la- -hunna walad fa- 'in kaana la- -hunna walad fa- la- -kum ar- rubuc min maa tarakna min bacdi was.eyah yos.en bi- -haa 'aw dayn wa- la- -hunna ar- rubuc min maa taraktum 'in lam yakun la- -kum walad fa- 'in kaana la- -kum walad fa- la- -hunna ath- thumun min maa taraktum min bacdi was.eyah tos.on bi- -haa 'aw dayn wa- 'in kaana rajul yorath kalaalah 'aw imra'ah wa- la- -hu 'akh 'aw 'ukht fa- li- kull waah.id min -humaa as- sudus fa- 'in kaano akthar min dhaalika fa- hum shurakaa' fe ath- thuluth min bacdi was.eyah yos.aa bi- -haa 'aw dayn ghayr mud.aarr was.eyah min 'allaah wa- 'allaah calem h.alem |
Note - 9Lit., "they".
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Note - 10Lit., "more than that". According to most of the
classical commentators, this passage refers to
half-brothers and half-sisters. The inheritance of full
brothers and sisters is dealt with at the end of this
surah (verse {176}).
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Note - 11This refers to bequests and fictitious debts meant to
deprive the heirs of their legal shares. According to
several authentic Traditions, the Prophet forbade, in
cases where there are legal heirs, the making of bequests
to other persons in excess of one-third of one's estate
(Bukhari and Muslim). If, however, there are no near of
kin legally entitled to a share of the inheritance, the
testator is free to bequeath his fortune in any way he
desires.
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Note - 519The husband takes a half of his deceased wife's property
if she leaves no child, the rest going to residuaries; if
she leaves a child, the husband gets only a fourth.
Following the rule that the female share is generally
half the male share, the widow gets a fourth of her
deceased husband's property, if he leaves no children,
and an eighth if he leaves children. If there are more
widows than one, their collective share is a fourth or an
eighth as the case may be; inter se they divide equally.
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Note - 520The word in Arabic is kalalat, which is so construed
usually. But it was nowhere defined authoritatively in
the lifetime of the Messenger. This was one of the three
terms about which Hadhrat Umar wished that the Messenger
had defined them in his lifetime, the other two being the
share of grandfather, and riba (usury). On the accepted
definition, we are concerned with the inheritance of a
person who has left no descendant or ascendant (however
distant), but only collaterals, with or without a widow
or widower. If there is a widow or widower surviving, she
or he takes the share as already defined, before the
collaterals come in.
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Note - 521A "brother or sister" is here interpreted to mean a
uterine brother or sister, i.e., a brother or sister by
the same mother but not by the same father, as the case
of full brothers and sisters or brothers and sisters by
the same father but different mothers is understood to be
dealt with later, in the last verse of this Sura. The
uterine brother or sister, if only one survives, takes a
sixth; if more than one survive, they take a third
collectively, and divide among themselves; this on the
supposition that there are no descendants or ascendants,
however remote. There may, however, be a widow or widower
surviving: she or he takes her or his share, as already
specified. The shares of collaterals generally are
calculated on a complicated system which cannot be
described in a brief note. For these, and the rules about
Residuaries ('Asaba) reference should be made to special
legal treatises.
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Note - 522Debts (in which funeral expenses take first rank) and
legacies are the first charge on the estate of a deceased
person, before distribution takes place. But equity and
fair dealing should be observed in all matters, so that
no one's interests are prejudiced. Thus funeral expenses
should be reasonable; debts must be genuine and not
reckless debts; and the shares must be calculated with
fairness. A) Cf. xliv. 57, n. 4733.
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Lit., "more than that". According to most of the classical commentators, this passage refers to half-brothers and half-sisters. The inheritance of full brothers and sisters is dealt with at the end of this surah (verse {176}). |
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This refers to bequests and fictitious debts meant to deprive the heirs of their legal shares. According to several authentic Traditions, the Prophet forbade, in cases where there are legal heirs, the making of bequests to other persons in excess of one-third of one's estate (Bukhari and Muslim). If, however, there are no near of kin legally entitled to a share of the inheritance, the testator is free to bequeath his fortune in any way he desires. |
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The husband takes a half of his deceased wife's property if she leaves no child, the rest going to residuaries; if she leaves a child, the husband gets only a fourth. Following the rule that the female share is generally half the male share, the widow gets a fourth of her deceased husband's property, if he leaves no children, and an eighth if he leaves children. If there are more widows than one, their collective share is a fourth or an eighth as the case may be; inter se they divide equally. |
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The word in Arabic is kalalat, which is so construed usually. But it was nowhere defined authoritatively in the lifetime of the Messenger. This was one of the three terms about which Hadhrat Umar wished that the Messenger had defined them in his lifetime, the other two being the share of grandfather, and riba (usury). On the accepted definition, we are concerned with the inheritance of a person who has left no descendant or ascendant (however distant), but only collaterals, with or without a widow or widower. If there is a widow or widower surviving, she or he takes the share as already defined, before the collaterals come in. |
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A "brother or sister" is here interpreted to mean a uterine brother or sister, i.e., a brother or sister by the same mother but not by the same father, as the case of full brothers and sisters or brothers and sisters by the same father but different mothers is understood to be dealt with later, in the last verse of this Sura. The uterine brother or sister, if only one survives, takes a sixth; if more than one survive, they take a third collectively, and divide among themselves; this on the supposition that there are no descendants or ascendants, however remote. There may, however, be a widow or widower surviving: she or he takes her or his share, as already specified. The shares of collaterals generally are calculated on a complicated system which cannot be described in a brief note. For these, and the rules about Residuaries ('Asaba) reference should be made to special legal treatises. |
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Debts (in which funeral expenses take first rank) and legacies are the first charge on the estate of a deceased person, before distribution takes place. But equity and fair dealing should be observed in all matters, so that no one's interests are prejudiced. Thus funeral expenses should be reasonable; debts must be genuine and not reckless debts; and the shares must be calculated with fairness. A) Cf. xliv. 57, n. 4733. |
