Wednesday, 8 February 2012

surah an nisa verse 7-14


7. There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.
8. And when the relatives and the orphans and Al-Masakin (the poor) are present at the time of division, give them out of the property, and speak to them words of kindness and justice.
9. And let those (executors and guardians) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allah and speak right words.
10. Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!
11. Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.
12. In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or 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 lagacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing.
13. These are the limits (set by) Allah (or ordainments as regards laws of inheritance), and whosoever obeys Allah and His Messenger (Muhammad ) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.
14. And whosoever disobeys Allah and His Messenger (Muhammad ), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.

Tafseer :

Allah has laid down the principles of the rights of inheritance and has fixed the shares of the wealth and property that will be inherited by the male and female relatives of the deceased parents and close relatives. No matter the amount, size and quantity of the wealth and property left by the dead, it will all be divided amongst the heirs as per the Islamic laws of inheritance. At the time of division of wealth and property, the relatives, orphans and the poor who are present at the time of division but are not legal heirs, they should be given a share from the wealth. And this responsibility falls on the shoulders of the heirs who should first honor the will of the dead and then by mutual consensus among the heirs, should give a share to the other relatives and the poor present at the time of division. Apart from this we are also commanded to be kind and gentle towards them rather than neglecting them or being rude with them. Allah has laid down the rules on how to divide the wealth of the dead but if the dead have left behind young kids then there could be a clause in their will regarding the guardianship of their kids in the case of the death of the parents. In such situation the guardians are being told to fear Allah in their dealings and attitude with these orphan kids and to put themselves in the place of the dead and imagine the fear they would have felt in leaving their small kids behind. So the guardians are being told to be kind, gentle and just in their attitude and behavior with these kids. Then a harsh punishment of Hell fire is being conveyed for those who unjustly devour the property and wealth of the orphan kids of the deceased. If a man dies and his wife is expecting then the wealth and property cannot be divided until the birth of the child because the inheritance depends on the gender of the kid. The will can be made for only 1/3rd of the wealth and property and this will cannot be made for the legal heirs. 2/3rd of the wealth and property will be divided among the legal heirs as per the division rules defined by Allah in verse 11 and 12. And the division among the heirs will be done after the honoring of the will(if any) left by the deceased and any debts that were pending on the deceased need to be paid off even before honoring the will.
If the deceased left behind children then:
·         The male child gets a share equivalent to that of 2 girls. (This is because males have a financial responsibility while women don’t. Infact not only do the women get their parents inheritance but at the time of nikah they also get this argument that this division is unfair to women is totally invalid and baseless because Allah knows best.)
·         And if there is no male child and only daughters (2 or more) then their share will be 2/3rd of the inheritance.
·         If there is just one daughter and no sons then she will get half of the inheritance.
·         For parents, each get 1/6th of the inheritance
If the deceased did not leave behind any children:
·         The mother gets 1/3rd of the inheritance and the father gets 2/3rd
·         If the deceased had brothers and sisters then the mother gets 1/6th of the inheritance.
At times people might be more inclined towards their parents as opposed to their children and that is why Allah has decided on fixed shares for each because Allah knows what is best.
·         If the wife dies then the husband gets half of the inheritance if she had no children.
·         If she had children then the husband gets 1/4th share of the inheritance
·         If husband dies and leaves behind no children then the wife will get 1/4th of the share of the inheritance.
·         If the husband leaves behind children then the wife will get 1/8th of the share.
·         If a person who has no children and no parents, dies, then if such a deceased person has a brother or sister(from the mother's side) then each will get 1/6th of the inheritance. And if there are more than 2 brothers or sisters than they will get their shares from 1/3rd of the inheritance.
These are the limits and rules of inheritance set by Allah and whoever follows these rules will get the glad tidings of Heaven and whoever goes against the commands of Allah and His Prophet pbuh, they shall face a severe torment in the hereafter.

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