Surah An-Nisaa: Verse 176 - يستفتونك قل الله يفتيكم في... - English

They ask thee for a legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance: If (such a deceased was) a woman, who left no child, Her brother takes her inheritance: If there are two sisters, they shall have two-thirds of the inheritance (between them): if there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah make clear to you (His law), lest ye err. And Allah hath knowledge of all things. (176)

A little after the beginning of Surah al-Nis-a', there appeared some injunctions relating to inheritance. Then, after a considerable gap, the text returned to the injunction of inheritance alongwith others. Now, at the end of the Surah, the text reverts to the subject once again. Perhaps the wisdom behind this scattering of the subject at three different places could be the consideration of prevailing injustice in matters of inheritance before the advent of Islam. By taking it up in the beginning, then in the middle,. and finally in the end. it was hoped that the addressees would be gradually alerted to the need of justice in this area and would this be enabled to show their maximum concern.

Summary of the Rulings given2

The verse (176) was revealed in answer to the question posed by some Companions of the Holy Prophet ﷺ regarding the inheritance of a Kalalah. Kalalah means a person who dies leaving neither children nor parents. The verse has clarified that the property left by a Kalalah shall be distributed in the following manner:

(1) If the Kalalah has left one real sister, or one half sister from father's side, 3 then, after settling the preferential rights (such as debts, wills, burial expenses) she will get one half of the property. The other half will be given to the heirs falling in the category of Asbat. If no heir from the category of Asbat is alive, then this half, too, will be given back to the sister of the deceased (meaning thereby that she will secure the whole property).

1. Kalalah: A person who has no ascendent or descendent at the time of his death.

2. This summary is based on the given in the original, without translating it word-by-word. (Muhammad Taqi Usmani)

3. As for a half sister from mother's side, her share has already been mentioned in 4:12 as being one sixth if she is alone. And if there are two or more such sisters or brothers, they will share one third of the property equally. (Muhammad Taqi Usmani)

(2) If the sister referred to in Para (1) above dies, and leaves children, and her brother is alive, then he will get the whole property left by her.

(3) If a Kalalah, male or female, dies and leaves two or more sisters, either real sisters or half-sisters from fathers side then they shall get two thirds of the property left by the Kalalah." The remaining one third will be given to Asbat, if any, and in the absence of Asbat this one third will also be given to the sisters who will distribute their share among themselves equally.

(4) If a Kalalah leaves behind a combination of brothers and sisters (either real or from fathers side only), then the whole property, after satisfying the preferential rights, shall be distributed between them on the principle that every brother will get twice the share of every sister.

Important Notes

1. The cause of revelation and the injunction of Kalalah described in the verse beginning with: يَسْتَفْتُونَكَ قُلِ اللَّـهُ يُفْتِيكُمْ فِي الْكَلَالَةِ (They seek a ruling from you. Say, "Allah gives you the ruling concerning kalalah" ) provides us with information on certain important aspects. To be noted first is a comparison between two examples given earlier in the text. In verse 170 وَإِن تَكْفُرُ‌وا فَإِنَّ لِلَّـهِ مَا فِي السَّمَاوَاتِ وَالْأَرْ‌ضِ (And if you disbelieve, then, to Allah belongs what is in the heavens and the earth), there was the condition of disbelievers. Then came a similar statement in Verse 175: فَأَمَّا الَّذِينَ آمَنُوا بِاللَّـهِ وَاعْتَصَمُوا بِهِ الخ (Now those who believe in Allah and hold on to Him) which presented the model of the noble Companions of the Holy Prophet ﷺ . These two parallel but divergent states of the believers and the disbelievers were brought into focus so that people can fully understand how astray and evil were those who turned away from the revelation (wahy) and how true and virtuous were those who followed it.

2. Subsequent to observations made above, it also becomes obvious that the People of the Book did something terrible when they made the abomination of suggesting a partner and son in the purest conceivable divinity of Almighty Allah an article of their faith. They also went as far as taking a blatant position against the Divine revelation.

Quite contrary to this is the life style of the nobel Companions of the Messenger of Allah, may the blessing of Allah and peace be upon him. Not to say much about their consistent concern for the fundamentals of Faith and the most devoted performance of acts of worship, they would be equally inquisitive and eager to find out their obligations in matters subsidiary and commonplace such as those of inheritance and marriage. They would wait for Wahy, the command of Allah through revelation and they would look for guidance from the Holy Prophet ﷺ in everything they did. Though, it is easier to do your own bidding under the dictate of reason or desire, yet they did not elect to be ruled by their personal desire or reason. If they did not understand some-thing at a given time, they would return to the Prophet to recheck until they were satisfied. Here are two sets of people, so different and so apart!

3. This also tells us that our noble Prophet ﷺ would not give a decision on his own without the guiding command of Wahy (revelation). If there was no standing guidance revealed through Wahy present in a certain case, he would put his decision on hold and wait for the coming of Wahy. When it did, he gave his verdict. In addition to that, there is a subtle hint here in the direction of the wisdom behind the gradual revelation of the Qur'an. If the whole Book was revealed all at one fixed time as demanded by the People of the Book, it would have not carried the same benefits as there are in the fact that the Qur'an was revealed as needed and when appropriate, all functionally spaced out. This modality accommodated the requirements of addressees who could ask a question out of some necessity and be answered through the recited revelation (al-Wahy al-Matluww). An example of this methodology appears right here in the present verse while others appear at several other occasions in the Qur'an. No doubt, this form is far beneficial, but the core of its distinction lies elsewhere. That is because of the most refined sublimity of men and women of faith who turn to Allah in remembrance and are honoured by being addressed by their most exalted Creator. This is indeed a great honour never granted to any other community. Certainly no grace is greater than the grace granted by Allah, the ultimate dispenser. Now, any verse of the Qur'an which was revealed in the favour of or in answer to the question of a particular Companion is treasured as a testament of his virtues. And a Wahy which came favouring the position taken by one of them on the occasion of some matter causing difference of opinion is sufficient to keep the name and merit of that Companion alive right upto the Day of Doom.

Thus, by referring to the question and answer regarding Kalalah, hint has been given towards similar questions and answers elsewhere.

(Exegetical notes, Tafsir ` Usmani

by Maulana Shabbir Ahmad ` Usmni)

Praised be Allah. Surah al-Nis-a' ends here

وَ للہِ الحَمدُ اَوَّلَہ و آخِرَہ

(176)

This is the Last Ayah Ever Revealed, the Ruling on Al-Kalalah

Al-Bukhari recorded that Al-Bara' said that the last Surah to be revealed was Surah Bara'ah (chapter 9) and the last Ayah to be revealed was,

(They ask you for a legal verdict...) Imam Ahmad recorded that Jabir bin `Abdullah said, "The Messenger of Allah came visiting me when I was so ill that I fell unconscious. He performed ablution and poured the remaining water on me, or had it poured on me. When I regained consciousness, I said, `I will only leave inheritance through Kalalah, so what about the inheritance that I leave behind' Allah later revealed the Ayah about Fara'id (inheritance 4:11)."' The Two Sahihs and also the Group recorded it. In one of the wordings, Jabir said that the Ayah on inheritance was revealed;

(They ask you for a legal verdict. Say: "Allah directs (thus) about Al-Kalalah.) The wording of the Ayah indicates that the question was about the Kalalah,

(Say: "Allah directs (thus)...) We mentioned the meaning of Kalalah before, that it means the crown that surrounds the head from all sides. This is why the scholars stated that Kalalah pertains to one who dies and leaves behind neither descendants, nor ascendants. Some said that the Kalalah pertains to one who has no offspring, as the Ayah states,

(If it is a man that dies, leaving no child,) The meaning and ruling of Kalalah was somewhat confusing to the Leader of the Faithful `Umar bin Al-Khattab. It is recorded in the Two Sahihs that `Umar said, "There are three matters that I wished the Messenger of Allah had explained to us, so that we could abide by his explanation. (They are: the share in the inheritance of) the grandfather, the Kalalah and a certain type of Riba." Imam Ahmad recorded that Ma`dan bin Abi Talhah said that `Umar bin Al-Khattab said, "There is nothing that I asked the Messenger of Allah about its meaning more than the Kalalah, until he stabbed me with his finger in my chest and said,

(The Ayah that is in the end of Surat An-Nisa' should suffice for you.)" Ahmad mentioned this short narration for this Hadith, Muslim recorded a longer form of it.

The Meaning of This Ayah

Allah said,

(If it is a man that dies.) Allah said in another Ayah,

(Everything will perish save His Face.) Therefore, everything and everyone dies and perishes except Allah, the Exalted and Most Honored. Allah said,

(Whatsoever is on it (the earth) will perish. And the Face of your Lord full of majesty and honor will remain forever.) Allah said here,

(leaving no child,) referring to the person who has neither children, nor parents. What testifies to this, is that Allah said afterwards,

(Leaving a sister, she shall have half the inheritance.) Had there been a surviving ascendant, the sister would not have inherited anything, and there is a consensus on this point. Therefore, this Ayah is referring to the man who dies leaving behind neither descendants nor ascendants, as is apparent for those who contemplate its meaning. This is because when there is a surviving parent, the sister does not inherit anything, let alone half of the inheritance. Ibn Jarir and others mentioned that Ibn `Abbas and Ibn Az-Zubayr used to judge that if a person dies and leaves behind a daughter and a sister, the sister does not inherit anything. They would recite,

(If it is a man that dies, leaving a sister, but no child, she shall have half the inheritance.) They said that if one leaves behind a daughter, then he has left behind a child. Therefore the sister does not get anything. The majority of scholars disagreed with them, saying the daughter gets one half and the sister the other half, relying on other evidence. This Ayah (4:176 above) gives the sister half of the inheritance in the case that it specifies. As for giving the sister half in other cases, Al-Bukhari recorded that Sulayman said that Ibrahim reported to Al-Aswad that he said, "During the time of the Messenger of Allah , Mu`adh bin Jabal gave a judgment that the daughter gets one half and the sister the other half." Al-Bukhari recorded that Huzayl bin Shurahbil said, "Abu Musa Al-Ash`ari was asked about the case when there was a daughter, grand-daughter and sister to inherit. He said, `The daughter gets one-half and the sister one-half.' Go and ask Ibn Mas`ud, although I think he is going to agree with me.' So Ibn Mas`ud was asked and was told about Abu Musa's answer, and Ibn Mas`ud commented, `I would have deviated then and would not have become among those who are rightly guided. I will give a judgment similar to the judgment given by the Prophet . The daughter gets one-half, the grand-daughter gets one-sixth, and these two shares will add up to two-thirds. Whatever is left will be for the sister.' We went back to Abu Musa and conveyed to him Ibn Mas`ud's answer and he said, `Do not ask me (for legal verdicts) as long as this scholar is still among you."' Allah then said,

(... and he will be her heir if she has no children.) This Ayah means, the brother inherits all of that his sister leaves behind if she has no surviving offspring or parents. If she has a surviving parent, her brother would not inherit anything. If there is someone who gets a fixed share in the inheritance, such as a husband or half brother from the mother's side, they take their share and the rest goes to the brother. It is recorded in the Two Sahihs that Ibn `Abbas said that the Messenger of Allah said,

(Give the Farai'd to its people, and whatever is left is the share of the nearest male relative.) Allah said,

(If there are two sisters, they shall have two-thirds of the inheritance;) meaning, if the person who dies in Kalalah has two sisters, they get two-thirds of the inheritance. More than two sisters share in the two-thirds. From this Ayah, the scholars took the ruling regarding the two daughters, or more, that they share in the two-thirds, just as the share of the sisters (two or more) was taken from the Ayah about the daughters,

(if (there are) only daughters, two or more, their share is two thirds of the inheritance.) 4:11. Allah said,

(if there are brothers and sisters, the male will have twice the share of the female.) This is the share that the male relatives (sons, grandsons, brothers) regularly get, that is, twice as much as the female gets. Allah said,

((Thus) does Allah make clear to you...) His Law and set limits, clarifying His legislation,

(Lest you go astray.) from the truth after this explanation,

(And Allah is the All-Knower of everything.) Allah has perfect knowledge in the consequences of everything and in the benefit that each matter carries for His servants. He also knows what each of the relatives deserves from the inheritance, according to the degree of relation he or she has with the deceased. Ibn Jarir recorded that Tariq bin Shihab said that `Umar gathered the Companions of the Messenger of Allah once and said, "I will give a ruling concerning the Kalalah that even women will talk about it in their bedrooms." A snake then appeared in the house and the gathering had to disperse. `Umar commented, `Had Allah willed this (`Umar's verdict regarding the Kalalah) to happen, it would have happened." The chain of narration for this story is authentic. Al-Hakim, Abu `Abdullah An-Naysaburi recorded that `Umar bin Al-Khattab said, `Had I asked the Messenger of Allah regarding three things, it would have been better for me than red camels. (They are:) who should be the Khalifah after him; about a people who said, `We agree to pay Zakah, but not to you (meaning to the Khalifah),' if we are allowed to fight them; and about the Kalalah." Al-Hakim said, "Its chain is Sahih according to the Two Shaykhs, and they did not recorded it." Ibn Jarir also said that it was reported that `Umar said, "I feel shy to change a ruling that Abu Bakr issued. Abu Bakr used to say that the Kalalah is the person who has no descendants or ascendants." Abu Bakr's saying is what the majority of scholars among the Companions, their followers and the earlier and later Imams agree with. This is also the ruling that the Qur'an indicates. For Allah stated that He has explained and made plain the ruling of the Kalalah, when He said,

((Thus) does Allah makes clear to you (His Law) lest you go astray. And Allah is the All-Knower of everything.) And Allah knows best.

(176)