Heirs Of Wife And Husband
LESSON # 480 FROM HOLY QUR’AN
Heirs Of Wife And Husband
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verses –12a of 176, Section –2/24 (Part – 4)
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.
Wa lakum nisfu maa taraka ‘azwaa-jukum ‘illam- yakulla-hunna walad. Fa-‘in- kaana lahunna waladun- falakumur-rubu-‘u mimmaa tarakna mim- ba’-di Wa-siyyatiny-yuusiina bihaaa ‘aw dayn. Wa lahun-nar-rubu-‘u mimmaa taraktum ‘illam-yakul-lakum walad. Fa-‘in- kaana lakum waladun-falahunnas-sumunu mimmaa taraktum-mim- ba’-di Wa-siy-yatin tuu-suuna bihaaa ‘aw dayn. Wa ‘in- kaana rajuluny-yuu-rasu kalaalatan ‘a-wimra- ‘atunw-wa lahuuu ‘akhun ‘aw ‘ukhtun- fali-kulli waahidim-min-humas-sudus.
Hereditary of Husband and wife have been described in this verse. That is to say, the husband will take half from the wealth of his wife on the condition that the woman has no child. But if the woman has some children, either from her present husband or any previous, then her husband will be given fourth of that which she leaves. However, before distribution of the hereditary, any legacy she may have bequeathed, or debt, which she may have contracted, shall be paid first.
Like this, the wife will get fourth of that which her husband leaves, provided that the husband has no child, whether from this wife or any other woman. Otherwise, she will get eighth of that which he will leave after payment of any legacy he may has bequeathed, or debt he may has contracted.
Every kind of property and wealth will be included in the inheritance, whether that is cash or articles, moveable or unmovable, ornaments or bars of precious metals and houses or gardens. But the money or its value incumbent on her husband, will be counted in the debt.
These Rules of Allah Almighty about the hereditary are quite full with wisdom and advisability. Our success is hidden in accepting them and acting upon them.
Kalaalah – (the person, who does not have his father or son), all theologians of Islam admit this explanation, but Imam Abu Hanifah says that the grandmother and granddaughter should also be not in addition to the father and the son (that person should not have father, son, grandmother and granddaughter). In this connection, which order is for the father and the son that is for the grandmother and the granddaughter too. However, difference of opinion in this respect, is from the very first between the theologians.
Now there is description about hereditary of such brothers and sisters, who become heirs only from the mother-side. It is the Rule that while father and son are present, then brother and sister will get nothing. If the father and the son are not living, then brother and sister will get portion of hereditary. There are three types of brothers and sisters:
1. Own – those brothers and sisters, who have same father and mother. They are called ‘ainii.
2. Step-brothers and sisters, who are brothers and sisters due to father only, are called ‘alaatii.
3. Brothers or sisters by the same mother but by a different father are called ‘akhyaafii.
Recitation in this verse is about the last type of brothers and sisters.
If the deceased person does not have any close from the father, the mother, the son or the daughter, but he/she have one ‘akhyaafii brother or ‘akhyaafii sister, then each of both will get sixth of that which they leave. Share from hereditary for akhyaafii brother and ‘akhyaafii sister is equal, nobody will be given more or less.
As far as it concerns about other two types of brothers and sisters, that is to say; ‘ainii and ’alaatii, order for these both types is just like own children on condition that the deceased person does not have father or son. ‘ainii brother or sister gets first priority. If they are not alive then ’alaatii brothers and sisters will get their turn.