Lessons 470 to
481
LESSON
# 470 FROM HOLY QUR’AN
Summary
Of Surah ‘An-Nisaaa’
Introductory
Note On 4th Chapter Of Qur’an
‘The Women’ (‘An-Nisaaa’
– 4th Surah) – Summary
Substance
From The Chapter ‘An-Nisaaa’
A
Look on Surah ‘An-Nisaaa’ (The Women)
This Chapter of
Holy Qur’an named ‘An-Nisaaa’ (The Women) was revealed at Al-Madinah. There are 176
verses and 24 Sections in this Surah.
Mutual relationship between the Man and the Woman has been described
particularly in this Surah that which
rights and duties they would have to perform for one another, how the relatives
must be behaved, how the social evils can be removed, which method would be
better to live all together and what are the benefits of living as a unit (one
community) with each other?
Being a mankind, man and woman, both are equal because soul of both of
them is the same. Care especially the orphans. Do not marry the fatherless
girls for your own advantage losing them. You can marry two, three, or four
common women at a time on the condition that you do justice between them and
you should not seize the right of any woman. When you will be able to
understand the rights of women correctly, then you will become justice and wise
in getting the orphans married yourselves.
After that, law about dividing the inheritance has been mentioned in
detail. Then punishment to the men and women upon their unacceptable actions
has been prescribed. Time and method of penitence has been revealed. Then there
is mention about those women with whom the marriage is unlawful. During the
reign of last Messenger (grace, glory, blessings and peace of Allah Almighty be
upon him), there was a class of slaves and bondwomen, the method, how to treat
them, has been stated.
Then it is commanded, “Do not take forcible possession of others’ property
or wealth. However, willingly business is lawful through trade. Do not kill one
another. The people are very different from each other in their personal
strength and knowledge. Friendly relationship can be in such a manner that
everybody would understand the limit of his capabilities and do his job
remaining in it. There is much open difference between male and female.
Therefore, they should never compete with each other. The person, who will work
remaining in personal limits, shall get its fruit and will succeed. The
relations between husband and wife cannot be at too much variance after deeming
to this extent. If either behavior of the husband is quite correct but the wife
begins to molest or opposite to it then it becomes very necessary somehow to
correct the violent.
Following two important laws have been described in this chapter.
Mankind’s betterment, goodness and welfare depends upon them:
· Any person, who has
capability of any work, that is to say he/she can perform any particular work
in a very good manner, he/she should be appointed for that work. Likewise,
everything should be given to the rightful. It should not be so, that the
deserving person remains deprived of any particular thing and the unworthy
person takes its possession. It is the key to soundness of the society.
· Obey the orders of
Allah Almighty and His Messenger (grace, glory, blessings and peace be upon
him) and the person who is much at home in any work, follow him/her in that
work and act upon his/her guidance. Find settlement/decision in the
Commands/Sayings (Holy Qur’an and Hadith)
of Allah Almighty and His Messenger (grace, glory, blessings and peace be upon
him), in case of difference of the opinions. These Commands/Sayings (Laws) are
soul of the management of the government.
Afterwards way of deeds regarding the Hypocrites has been discussed that
they do not agree to the decisions of the Messenger of Allah Almighty (grace,
glory, blessings and peace be upon him) and place more confidence in other
people.
Then people are prevailed to be prepared for the crusade of religion
because it is necessary to save the weak Muslims from the tyranny of cruel
disbelievers. The behavior of Hypocrites has also been reproached in it. These
people see nothing but their own benevolence/advantage. To kill any Muslim
intentionally is a very severe crime and its punishment is wrath of Allah
Almighty and Fire of Hell. If anybody kills a Believer by mistake, error or
omission, then expiation should be paid for it.
The prayers during journey and in the condition of fear have been
explained that if there is threat of enemy’s attack and the time of prayer has
started then how it would be offered.
After that, belief in a plurality of Allah Almighty (polytheism) has
been mentioned that it is an unpardonable crime. Remain with the group and use
to discuss the matters regarding introduction of good deeds, methods of
correction and mutual relationships during reciprocally meetings. Keep correct
and good faith in Prophet Jesus (peace be upon him). At the end, remaining
principles regarding inheritance have been described.
LESSON
# 471 FROM HOLY QUR’AN
Creation
Of The Mankind
How Human Being Was Created?
God Created Us From A Single Soul
Be Careful Of Your Duty To Your Lord
Rights
Of Allah And His Servants
Surah NISAAA’ (WOMEN, Chapter - 4)
Verse
– 1 of 176, Section –24 (Part – 4)
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O mankind! Be careful of your duty to your Lord
Who created you from a single soul and from it created its mate and from them
twain hath spread abroad a multitude of men and women. And be careful of your
duty toward Allah in Whom ye claim (your rights) of one another, and toward
the wombs (that bare you). Lo! Allah hath been a Watcher over you.
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Yaaa-‘ayyuhan-naasut-taquu Rabbakumullazii khalaqakum-min-Nafsinw-waahida-tinw-wa khalaqa
minhaa zaw-jahaa wa bassa
minhumaa
ri-jaalan-kasiiranw-wa
nisaaa-‘aa. Wattaqullaa-hallazii
ta-saaa-‘aluuna bihii wal-‘arhaam. ‘Innallaaha
kaana ‘alay-kum Raqiibaa.
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Lesson
This verse signifies toward the creation of the
first humankind i.e. Adam (peace be upon him), then Eve (his wife - Hawwa) was created from his (peace be
upon him) left rib as his mate and from them twain, Allah Almighty has spread
abroad a multitude of men and women in the world. It means that the woman is
weak a little than the man. Lord Almighty is the God Who nourishes and provides
entire necessary things to the human beings. Therefore, it is compulsory for us
to bear His orders and Pleasure in our minds in each matter and every time, and
we should escape from His displeasure. Even in each mutual matter, every person
points toward Allah Almighty for His sake, but there is a dire need to have
fear of His displeasure in our hearts and we should not be disobedient of our
Lord at any cost.
While all the humankind are children of one man
and woman (Adam and Eve – the wife of Adam) (peace be upon them), then they
have very deep mutual relationship with one another likewise brothers and
sisters of each other. Therefore, everybody should try not to harm someone
else. However, they should help and sympathize mutually. It is important to
guide toward good deeds, to save from evils/sins, to help in difficulties, to
look after with spirit and wealth at the time of necessity, to keep providing comfort
and consolation among ourselves. Close relatives need more attention to be
looked after. We should not forget it also that besides our relatives, we have
human relation with the entire human beings of the earth. Whenever the time
comes, good behavior is incumbent with everyone. ‘Arhaam has been derived from the word (plural of) raham which means mercy, kindness, loving and treating
one’s relatives nicely.
The children of Adam (peace be upon him) have
been addressed in the verse that they should have fear of That Existence (Allah
Almighty), Who created them. This order of God-fearing is for the entire
humanity. Piety for the disbelievers is that they should embrace Islam, believe
in Allah Almighty as only One God, Muhammad (grace, glory, blessings and peace
be upon him) as Allah’s last messenger out of other entire prophets/Messengers
(peace be upon them), Qur’an as last Holy Book out of all Scriptures which has
never been changed, nor it is possible to be changed by anyone in future.
Piousness for the Muslims is that they should
remain steadfast in their belief and do good deeds.
LESSON
# 472 FROM HOLY QUR’AN
Wealth
Of Orphans
Fatherless Children’s Wealth
Give The Orphans Their Wealth
Exchange Not The Good For The Bad
Absorbing Others’ Wealth Into Own Is Great Sin
Surah NISAAA’ (WOMEN, Chapter - 4)
Verse
– 2 of 176, Section –24 (Part – 4)
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And give unto orphans their wealth. Exchange
not the good for the bad (in your management thereof) nor absorb their wealth
into your own wealth. Lo! that is a great sin.
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Wa
‘aatul-yataamaaa
‘am-waalahum wa laa
tatabadda-lul-khabiisa
bit-tayyib. Wa laa
ta’-kuluuu ‘am-waala-hum ‘ilaaa
‘amwaalikum. ‘Innahuu kaana
huuban- kabiiraa.
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Lesson
Yataamaaa – (orphans) those children, who do not have their
parents, particularly father.
Khabiisan – (the bad) that is to say; impure, unreal and
unclean.
Huuban
– (punishment for a fault distressing), such sin
and burden, the result of which is misfortune and disaster.
It is evident from the name of this chapter “Nisaaa’ ” that the matters regarding the
women will be discussed especially along with their rights and duties in it.
Therefore, in the primary verses, at first it has been cleared that the birth
of man and woman takes place from the same one body. Consequently, sobriety and
God-fearing should be considered actual standard of excellence, and treat all
of them kindly and with kinship.
Now in the second verse, it is being commanded,
“Do not seize the wealth of orphans.” Doing so is just like mixing the impure in
to the pure. If any person uses the wealth of orphan unlawfully, as though he
is making his lawful and pure earnings also as unlawful, impure and bad. As any
person makes water-filled glass impure by putting a few drops of urine in to it
likewise by taking over (snatching through any means) insignificant and a
little wealth of the orphan, he makes unlawful entire earning of his life.
Purpose of revelation of this verse is told so,
that there was excessive wealth of a person’s orphan nephew in his care. When
his nephew became adult, he demanded his wealth, but his uncle denied to hand
him over. At that occasion, this verse was revealed, listening to it the uncle
returned his orphan nephew’s wealth and said, “We obey Allah Almighty and His
Messenger (grace, glory, blessing and peace be upon him)”.
It has also been described that it does not mean
that snatching the wealth other than orphan is lawful and you would not be
punished. No! Wealth of others is unlawful for you too, whether he/she is
anyone. Saying this crime huuban- kabiiraa (a great sin), the importance of the reality of
sin and crime has been cleared, so that nobody may remain in doubt.
At first treating the relatives kindly, with mercy
and kinship was emphasized, then behavior with the orphans was explained and at
the end, it has been advised to correct the affairs with the entire children of
Adam (peace be upon him). It is the actual Spirit of Islam.
LESSON
# 473 FROM HOLY QUR’AN
Enumeration
Of the Matrimonies
Number Of Marriages Which Are Allowed
More Matrimony Are Allowed, If You Can Do
Justice
Due To Fear Of Injustice, One Should Marry One
Fear
Dealing With The Orphans
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verse
– 3 of 176, Section –1/24 (Part – 4)
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And if ye fear that ye will not deal fairly by
the orphans, marry of the women, who seem good to you, two or three or four;
but if ye fear that ye cannot do justice (to so many) then one (only) or (the
captives) that your right hands possess. Thus it is more likely that ye will
not do injustice.
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Wa
‘in khiftum ‘allaa
tuq-situu fil-yataamaa fan-kihuu
maa taaba lakum-minan-nisaaa-‘i masnaa
wa sulaasa wa
rubaa’. Fa-‘in khiftum
‘allaa ta’-diluu fawaa-hidatan ‘aw
maa malakat ‘aymaanukum. Zaalika
‘adnaaa ‘allaa ta-‘uu-luu.
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Lesson
‘aymaanun - (right hands), it is plural of yamiin which means ‘the right hand’.
Whenever any person catches any thing, he catches it usually with his right
hand. Therefore, to disclose complete grip of the hand (possession) upon
anything, it is said in Arabic idioms, “His right hand is Master of that thing.”
That is to say, “he has complete and strong hold on it, for example slave and maid
etc.
In this part of the verse, special attention has
been drawn towards the orphans because there is none ordinarily to care for
them. They can be victim of tyranny by any cruel person easily. If you marry the
orphan girls, that should not be for the purpose of desire, greed and to take
possession of wealth, but that should be only for their interest and benefit.
And if it is difficult to escape from these uncomely affairs, then let the
orphan girls remain in their own circumstances and marry some other woman. And
if you wish, you can marry who seem good to you, two or three or four. In this
case, you have to be more careful to do justice between them. If you cannot do
justice to so many wives then marry one only or the maid (captive) that your
right hands possess, sustain upon her only. That is nearer to justice.
It is important to understand particularly two or
three matters in connection with this verse:
1. Firstly, if you fear that you will not deal
fairly by the orphan girls then do not marry them. However, you can marry even
four other women.
2. Secondly, fundamental condition for marrying more
than one is that you would have to establish justice between the wives (which
is a very much difficult matter to do so as it has been described at another
place also in this chapter).
3. Thirdly, if you have fear that you would not be able
to do justice and equality between the wives then you should be satisfied with
the captive woman only.
It means that the matrimony more than one is not
open and common but that is bound with the condition of justice.
LESSON # 474 FROM HOLY QUR’AN
Right
Of Money Incumbent On Husband
Free Gift Of Women’s Marriage Portions From
Husband
Pay The Incumbent Money To Married Women As A Right
Marriage Portions’ - Gift Of Women
Women’s Remitted Part Of Free Gift Is Lawful
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verse
– 4 & 5 of 176, Section –1/24 (Part – 4)
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4. And
give unto the women (whom ye marry) free gift of their marriage portions. But
if they of their own accord remit unto you a part thereof, then ye are welcome
to absorb it (in your wealth).
5. And
give not unto the foolish (what is in) your (keeping of their) wealth, which
Allah hath given you to maintain; and feed and clothe them from it, and speak
kindly unto them.
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4. Wa ‘aatun-nisaaa-‘a sadu-qaati-hinna nihlah.
Fa-‘in- tib-na lakum
‘an- shay-‘im-minhu
nafsan-fakuluuhu
haniii-‘am-mariii-‘aa.
5. Wa laa
tu’-tussufahaaa-‘a
‘amwaala-kumullatii
ja-‘alal-laahu lakum qiyaaamanw-war-zuquuhum fiihaa
waksuuhum wa quuluu
lahum qawlam-ma’-ruufaa.
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Lesson
sadu-qaati-hinna – {free
gift of women’s marriage portions (who are married recently)}, sadu-qaat is plural of sadaqah
which is also used in the meanings of charity, zakaat (alms-giving). Here it has been used for the money or its
value incumbent on the husband as a right of the women (whom you marry).
Matrimony and other orders regarding wives have
been described in these verses. Allah Almighty commands, Give unto the women
(whom you marry) free gift of their marriage portions happily at your own,
whether anybody urges you to pay or not. As though, if you do so then there is
no objection to marry the orphan girls. Objection is in that case if there is a
risk of shortness in paying the money or its value incumbent on the husband or
their any right.
If the woman of her own accord remits her husband
a part thereof with her own pleasure or returns it whole to him after
receiving, then there is no harm, the husband can take it happily and absorb it
in his wealth. The wife can remit the entire money incumbent to her husband
too.
haniii-‘am-mariii-‘aa – (with pleasure and love), the meal, which seems
delicious and a person accepts it with pleasure, that is called haniii-‘an and mariii-‘an is that meal which becomes part of the body and
means of health and personal strength after digestion.
It has been directed about the little children;
particularly the orphans come first out of them that until they are
unintelligent, their wealth should not be handed over to them, which Allah
Almighty has provided for the humankind’s arrangements of livelihood. But you
should preserve their wealth entirely and save it from misappropriation until
those children do not become able to understand the difference between profit
and loss, good and bad. However, feed and clothe them from it, and satisfy them
by speaking kindly that entire wealth is for them, we are protecting it only as
their well-wishers. When you will become sensible, this wealth will be handed
over to you.
We should considerate, meditate and obey these orders,
which Allah Almighty has given to us about the orphans and women. We should
pray for Divine guidance to act upon them. Not only the feeding and the
clothing but also speaking kindly and fair talk is included in the
goodness.
LESSON
# 475 FROM HOLY QUR’AN
Bringing
Up The Orphans
Training Of Orphans – Under Guardian’s Control
Looking
After The Property Of Orphans
Order
About Wealth Of Fatherless Children
Handing
Over The Property Of Orphans
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verse
– 6 of 176, Section –1/24 (Part – 4)
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And test orphans till they reach the
marriageable age; then, if ye find them of sound judgment, deliver over unto
them their fortune; and devour it not by squandering and in haste lest they
should grow up. And whoso (of the guardians) is rich, let him abstain
generously (from taking of the property of orphans); and whoso is poor let
him take thereof in reason (for his guardianship). Then when ye deliver up
their property unto orphans, have (the transaction) witnessed in their
presence. Allah sufficeth as a Reckoner.
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Wab-talul-yataamaa hattaaa
‘izaa balagun-nikaah. Fa-‘in
‘aanastum-minhum
rushdan-fadfa-‘uuu
‘ilay-him ‘amwaala-hum. Wa
laa ta’-kuluuhaaa ‘israafanw-wa bidaaran
‘any-yakbaruu. Wa man-
kaana ga-niyyan- fal-yasta’-fif. Wa
man-kaana faqiiran- fal-ya’kul
bil-ma’-ruuf. Fa-‘izaa dafa’-tum
‘ilay-him ‘amwaalahum fa-‘ash-hiduu ‘alayhim.
Wa kafaa billaahi
Hasiibaa.
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Lesson
It has been ordered in this verse, “Carry on
nourishing and educating the orphans, and testing their sense and comprehension
at times till they reach the marriageable age; then, if you find them of sound
judgment, then deliver over their property and wealth to them. However if you
find that they do not have the required intellect even after reaching the
marriageable age, then according to the sect of Imam Abu
Hanifah, you would have to wait till the age of twenty five years. During
this tenure, whenever he/she seems a wise person, then deliver over the wealth
and property to them. Otherwise, hand them over their wealth and property after
reaching the age of twenty-five years in each condition.
Spending the wealth of orphans more than
necessity is prohibited. Do not finish their property in haste due to the intimidation
that after reaching the marriageable age, the orphan will get back his/her
property. The guardian should not spend the wealth of orphan for his personal
use. However, if the guardian is poor then he can take some property propitious
to his services in the reason for his guardianship.
Whenever, father of any child expires then it is
important to hand over the wealth of orphan with its written detail to a
guardian before some Muslims. And when the orphan reaches the marriageable age,
then according to that written detail his/her wealth should be gotten returned
and how much has been spent out of it, its detail should be explained to the
orphan.
Moreover, refund of the property/wealth should be
in the presence of the witnesses so that if any dispute arises in future, then
the witnesses may help in its settlement. Allah Almighty is Protector and
Reckoner of every thing, He does not need any witness or account Himself. It
has been determined for the ease of the people only.
LESSON
# 476 FROM HOLY QUR’AN
Partners
Of Legacy And Hereditary Property
Shareholders Of Bequest And Inheritance
Sharers In The Property Of A Deceased Person
Men
And Women Are Sharers In The Bequest
Legal Sharers of A Deceased Person’s Property
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verse
– 7 of 176, Section –1/24 (Part – 4)
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Unto the men (of a family) belongeth a share of
that which parents and near kindred leave, and unto the women a share of that
which parents and near kindred leave, whether it be little or much. A legal
share.
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Lir-rijaali
nasiibum-mimmaa
tarakal-waalidaani
wal-‘aqrabuuna, wa linnisaaa-‘i nasiibum-mimmaa tarakal-waalidaani wal-‘aqrabuuna mimmaa
qalla minhu ‘aw
ka-sur.
Nasiibam-mafruuzaa.
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Lesson
The rights and concessions about orphan children were
mentioned in the previous verses. Even that Allah Almighty cleared most petty affairs,
which belonged to it, viz. The Mahr
(the money or its value incumbent on the husband) of orphan girls should be
given without fail, their training and bringing them up should be supervised
properly. They should be looked after constantly until they reach the
marriageable age. Their property should not be misappropriated. Their wealth
should not be finished quickly due to the fear of their adolescence. And when
the time of returning the property comes because of their becoming matured, it
should be done formal in front of the witnesses.
Before the apostleship of the Messenger of Allah
Almighty, Muhammad (grace, glory, blessings and peace be upon him), it was a
tradition that the daughters could not get the share from the inheritance,
either they might be little or older, including the sons who might not reach
the marriageable age too. Only the elder sons, who were able to fight against
their enemies, were considered heirs. It was the main cause that the orphan
children were not given any part of share from the inheritance. This verse was
revealed about those people. It has been ordered that the sons either they are
adult or little, they will get the share from the hereditary property of
parents and near kindred as well as the daughters whether they are adult or
little, will also get their share. This verse has finished the traditions of
the period of ignorance and safeguarded the rights of orphan children,
violation of their rights has been stopped. Detail about fixation of the share
of right from the property of a deceased person will be discussed in the next
section.
The Heritage Law of Islam is incomparable and has
an Exemplary position in the world. Only the sons are considered sharer of the
wealth of any deceased person in the maximum countries of the world. No share
is given to the daughters. At some places, only elder and adult sons out of the
children are imagined rightful heirs and successors.
Islam produced a perfect pattern of justice and
equity, fixed the lawful and rightful shares of daughters also like the sons
and of the women like other heir men too. The non-Muslims are being
necessitated also to accept this Law of Islam in this reign of justice and
equation.
LESSON
# 477 FROM HOLY QUR’AN
Softness
During Heritage Distribution
Gentleness In Distribution Of Inheritance
Bestow The Orphans And Needy From Heritage
Speaking
Kindly With The Needy
Mild Behavior At The Division Of Heritage
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verse
– 8 of 176, Section –1/24 (Part – 4)
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And when kinsfolk and orphans and the needy are present at
the division (of the heritage), bestow on them therefrom and speak kindly
unto them.
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Wa
‘izaa hazaral-qismata ‘ulul-qurbaa wal-yataamaa wal-masaakiinu far-zuquuhum-min-hu wa
quuluu lahum qawlam-ma’-ruufaa.
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Lesson
‘ulul-qurbaa – (kinsfolk),
close relatives are called ‘ulul-qurbaa and kinsmen.
far-zuquuhum – {bestow on them (something)}, it has been
originated from the word rizq, which
means a grant.
qawlam-ma’-ruufaa – (kindly
speaking, fair talk), well known and pleasing talk is called qawlam-ma’-ruufaa,
that is to say; such correct saying, which has
gotten a credential of a public assent.
If
other people of the same kin are present at the time of division of the
inheritance, either those persons out of them who do not merit the share from
the heritage or the orphans and the needy, they should be returned after
causing to drink and feed something. Even if anything is bestowed on them from
the heritage, then it is also a good behavior. However, if there is no
opportunity of causing to feed or give such people something from the property
of inheritance, for instance, the orphans are owners of such property and the
deceased person has not bequeathed to give those people something, then they
should be seen off speaking them kindly. That is to say, it should be told them
very softly that this property belongs to the orphans only and the deceased
person has not even left by will for them. Therefore, we are helpless and
sorry.
In
the beginning of this Chapter (Surah),
it was commanded, “Treat the entire kindred and close relatives very kindly,
and show partiality with the orphans and the poor.” Therefore, something should
be given to those people, and if they have no right of any share due to any
reason, then at least they should be behaved in a well manner.
Islam
has caused to draw attention repeatedly towards uniting the hearts in
friendship. There is description about kinsfolk and close relatives along with
the orphans and the poor in these verses. However, at other places, it has been
emphasized about the rights of the guests, the neighbors and the strangers
also.
When
any person is unable to give something or his circumstances have compelled him
to stop his hand, then in this form, it has been commanded to adopt the reasonableness
in conversation and softness in his taking.
LESSON
# 478 FROM HOLY QUR’AN
Suppose
The Orphans As Your Own Children
To Be Frightened In Behavior Toward Orphans
To
Behave The Orphans Like Own Offspring
Devouring
The Wealth Of Orphans Wrongfully
They Swallow Fire, Who Devour Wealth Of Orphans
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verses
– 9 & 10 of 176, Section –1/24 (Part – 4)
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9. And
let those fear (in their behaviour toward orphans) who if they left behind
them weak offspring would be afraid for them. So let them mind their duty to
Allah, and speak justly.
10. Lo!
Those who devour the wealth of orphans wrongfully, they do but swallow fire
into their bellies. And they will be exposed to burning flame.
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9. Wal-yakh-shallaziina law
tarakuu min khalfihim
zurriy-yatan- zi-‘aafan khaafuu ‘alay-him
fal-yattaqullaaha
wal-yaquuluu qawlan- sadiidaa.
10.
‘Innallaziina ya’-kuluuna ‘amwaalal-yataamaa zulman
‘innamaa ya’-kuluuna fii
butuu-nihim Naaraa. Wa
sa-yas-lawna sa-‘iiraa.
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Lesson
Apparently, it seems that this order is for the
guardians and the protectors of the orphans but if we observe it minutely then
we will find that it is also applicable upon the other people.
As each person out of us fears that anywhere the
matter would not be dealt with badness and severely with our children after our
death, likewise we should abstain from extortion with the orphan children of
others. As you wish that after your death, the people must treat your children
with kindness and grace, just like this, you should behave the orphans in a
good manner, with mercy and kindness. If you will do so, then you will remain
satisfied about your own offspring, and verily, other people will treat your
children with softness and elegance like your behavior with others’ orphans.
You should fear from Allah Almighty, talk with
the orphans in a pleasant mood and straight forward, so that, they may get
encourage, they may be capable of being set to right or cured and may escape
from any disaster.
It has been told in the previous verses several
times that care is intransitive in connection with spending the wealth of the
orphans, because embezzling in their property is a very big sin. Now the
punishment regarding embezzlement in the wealth of orphans has been caused to
hear that the persons, who devour the wealth of orphans wrongfully, they do but
swallow fire into their bellies. That is to say, the end of devouring the
property of orphans will be exposing them (who devour) to the burning flame
very soon.
There is no utmost limit of friendlessness and
helplessness of the orphan. He/she is indigent and seeks support of others. If
he/she does not find any trustworthy and kind protector then for him/her, it is
not far to be ruined and dissolute. Therefore, Allah Almighty ordered, “Deal
honestly and treat kindly with the orphans. The person, who will devour the
wealth of this helpless creature wrongfully, will be punished very severely.”
LESSON
# 479 FROM HOLY QUR’AN
Proportion
of Shares From Inheritance
Male, Female And Parents’ Fair Shares - Heritage
Justly
Division Of Inheritance
Every Heir Male Will Get Double From Female
Allah Has Determined The Shares From Heritage
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verses
–11 of 176, Section –2/24 (Part – 4)
|
Allah commands you concerning (the provision
for) your children: to the male the equivalent of the portion of two females,
and if there be only women more than two, then theirs is two-thirds of the
inheritance, and if there be one (only) then for her is the half. And to each
of the parents a sixth of the inheritance, if he have a son; and if he have
no son and his parents are his heirs, then to his mother appertaineth the
third; but if he have brethren, then to his mother appertaineth the sixth,
after any legacy he may have bequeathed, or debt (hath been paid). Your
parents and your children: Ye know not which of them is nearer unto you in
usefulness. It is an injunction from Allah. Lo! Allah is Knower, Wise.
|
Yuusii-kumullaahu fiii
‘aw-laadikum lizzakari mislu
haz-zil-‘unsa-yayn. Fa-‘in-
kunna nisaaa-‘an fawqas-natayni fala-hunna
sulusaa maa tarak.
Wa ‘in-kaanat waahidatan-
fala-han-nisf. Wa li-‘aba-wayhi likulli
waahidim-min-humas-sudusu
mimmaa taraka ‘in-kaana
lahuu walad. Fa-‘illam
yakullahuu waladunw-wa wa-risahuuu
‘abawaahu fali- ‘um-mihis-sulus. Fa-‘in-
kaana lahuuu ‘ikh-watun-
fali- ‘ummi-his-sudusu
mim- ba’-di wa-siy-yatiny-yuusii bihaaa
‘aw dayn. ‘Aabaaa-‘ukum, wa
‘abnaaa- ‘ukum laa tadruna
‘ayyuhum ‘aqrabu lakum
naf-‘aa. Farii-zatam-minallah. ‘Innallaaha
kaana ‘Aliiman Hakiimaa.
|
Lesson
Yuusii-kum – (commands you), this word has been derived from wasi-yat, which means a last will,
legacy, command and testament left by any deceased person. However, in this
verse Allah Almighty is commanding directly about the proportion of the shares
for the men, women and the parents.
Division of inheritance is most important maxim
of our social life. Even success of the society is connected with its accurate
distribution. Common principle about the division of the heritage has been
determined here that each male will get double while each female will be given single
portion, whether the male and the female are one and one, or any of them is
more in number.
haz-zil-‘unsa-yayn – (equal to two women), according to certain
Divine Laws, the female has no portion from the inheritance. During the period
of ignorance also, the heritage was used to divide only in the marriageable
men. Against this violence, the voice arose in the present time that the
portion from inheritance should be divided equal between the male and the
female. Islamic Law is among the both in this matter, which has determined the
portion double for the male (men) from the female (women).
Its first reason is that the woman is responsible
only to train the children. She is neither responsible, nor would think about
the livelihood. The male has been held responsible to provide the expenses for
his wife, children and other members of his family. Therefore, it is exactly
reasonable and according to just, that he should be given more portions from
the heritage.
Another reason may be too that the married woman usually
gets dowry from her parents (the portion from her father’s earnings) in
addition to her husband’s inheritance, but the man receives his share only from
one side.
If there are just two girls then their total portion
will be two-third and each of them will get one-third. Then whether the girls
are how more than the two, their collective portion from the heritage will remain
the same i.e. two-third. Remaining one-third share will be given to other kinsfolk
and relatives.
If there is only one girl then she will get half portion of total heritage and remaining half portion will be
distributed to other relatives. But if the relatives etc are not present then
that remaining half will also be given to the girl.
If there is no daughter but only the son (whether
one or more than one), then they will be the heirs of the whole legacy.
Three forms of inheritance for the father and
mother have also been described in this
verse:
1. If the deceased person had children then each of
his parents will get sixth portion from the inheritance.
2. If the dead person had no children, and only
parents are the heirs, then the mother will get one-third while the father two-third.
3. If the late person had brothers and sisters more
than one, whether they are real or only from the father-side or only from the mother-side,
and had no child then the mother will get sixth portion and the remaining
wealth will be given to the father. Brother and sister will get nothing. Moreover,
if he had only one brother or one sister then mother will get one-third and the
two-third will be given to the father.
It is compulsory that the heirs will be given
their portion from the heritage after the payment of late person’s debts and will.
Wealth of the deceased person should be used on his shroud and burial first,
then his/her debts be paid from it, then out of the remaining portion of the
property, up to one third would be used as per the Will of the deceased person.
Now, what is remaining, that should be distributed between the heirs.
After that, Allah Almighty commanded that you do
not know about the person, which of them is nearer unto you in usefulness. It
is an injunction from Allah Almighty, you should not interfere in the fixed portions
but the portion that Allah Almighty has fixed, you should abide by them.
LESSON
# 480 FROM HOLY QUR’AN
Hereditary
Of Husband And Wife
After Any Legacy Or Debt, Heritage Will Be Divided
Portion
Of Hereditary For Wife, Husband etc
Share From Hereditary For Distant Heirs
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.
|
Lesson
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.
LESSON
# 481 FROM HOLY QUR’AN
Lent
Money And Legacy
Bequest
And Debt
The
Testament Left By The Deceased Person
Debt Is To Be Paid Before Dividing The Heritage
Commandment
From Allah About Inheritance
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verses
–12b of 176, Section –2/24 (Part – 4)
|
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. And Allah is
Knower, Indulgent.
|
Fa-‘in
kaanuuu ‘ak-sara min
zaalika fahum shura-kaaa-‘u fissulusi
mim- ba’-di
Wasiyyatiny-yuu-saa bihaaa
‘aw daynin, gayra
muzaaarr.
Wa-siyyatam-minal-laah, wAllaahu ‘Aliimun
Ha-liim.
|
Lesson
If step-brothers and sisters from the mother side
(‘akhyaafii) are more than one, then
they all will be paid one-third from the wealth of inheritance. However, debt
will be returned and the bequeathed legacy will be made up first, provided that
the other persons are not harmed due to the bequest. There are two forms of
loss:
·
The legacy is for more than one-third of the heritage.
·
The will has been bequeathed also for that heir, who will be given
share from the inheritance.
These both forms are not in order. If the entire heirs accept them
then in this form, these are correct.
It has been ordered repeatedly about the debt and the legacy
besides heritage, because there was a suspicion that the heirs would not divide
the wealth before paying the debt and fulfilling the bequest of the deceased
person.
Five kinds of heritages have been described with effect from the
beginning of this section (Rukuuu’) –
Son and daughter, mother and father, ‘akhyaafii (step-brother and sister
by the same mother). These five kinsfolk are partners in the heritage. After
explaining their shares in the inheritance, it has been commanded emphatically
“It is order of Allah Almighty. Carrying out this order is unavoidable and He
knows about the person, who obeyed, who disobeyed, who played fair in the
payment of debt and acted upon the legacy and distribution of the inheritance.”
Another kind of heirs exists too besides these sharers which is
called “’Asbah” (Kinsmen). Their
share from the inheritance has not been fixed from any relation. But they will
be given that part from the heritage which has remained after handing the
portions over to the real heirs. That is to say, if any deceased person does
not have any heir but the relatives (’Asbah),
then the kinsmen will take that person’s entire wealth and property as next for
heirs. If the both kinds are present, then remaining from the heirs, will be
given to (’Asbah) and if nothing has
remained, then they will get nothing.
Actually ’Asbah is that
male who does not have relationship with the deceased person from the woman
side. As per priority, it has following four grades:
1. Son and the grandson
2. Father and grandfather
3. Brother and nephew
4. Uncle (brother of father), his son (cousin) or his grandson
If there are many persons, then whoever is close to the deceased
person, he will be antecedent, like son than grandson, brother than nephew and a
full (son, father, brother or uncle) than the step (son, father or brother etc).
Besides these four, woman is also ’Asbah
along with the man in the children and brothers.
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