Quran Garden

In today's Tafsir, we continue to discover how God's divine guidelines in matters of inheritance keep things fair and compassionate within families.  Sit back and listen. 

Session 550

Chapter 4

Verse 11

You inherit half of what your wives leave if they have no children; if they have children, you inherit a quarter after payment of any bequests or debts.  If you have no children, your wives' share is a quarter; if you have children, your wives get an eighth after payment of any bequests or debts.  If a man or a woman dies leaving no children or parents but a single brother or sister, he or she should take one-sixth of the inheritance; if there are more siblings, they share one-third between them after payment of any bequests or debts, making sure that no harm is done to anyone: a commandment from God: God is all-knowing and Forbearing to all.  (Chapter 3: Verse 12)

This verse builds on the principle that "A male receives the same as the share of two females."  In the previous session, we discussed the fairness of this allocation.  Here, we have the scenario where a man's wife passes, and he decides to remarry.  But in order to rebuild his life, he has to pay a dowry and financially support his new wife.  On the other hand, when a woman's husband dies and she remarries, she receives a dowry from her new husband, who will also be financially responsible for her.  Thus, God's system of A male receives the same as the share of two females" establishes justice and allows the lives of both widows to move forward.

Now, we explore the situation where the deceased has no living parents or children.  If a man dies leaving no direct ascendants or descendants behind but has one brother or sister, he or she will receive one-sixth of the estate.  If there are more siblings, they collectively share one-third.  God says,

If a man or a woman dies leaving no children or parents but a single brother or sister, he or she should take one-sixth of the inheritance; if there are more siblings, they share one-third between them after payment of any bequests or debts

Then we come across Aya 176^th of Surah An-Nisaa, which seems to contradict aya 12.  God says,

God gives you a ruling about inheritance from someone who dies childless with no surviving parents.  If a man leaves a sister, she is entitled to half of the inheritance; if she has no child, her brother is her sole heir; if there are two sisters, they are entitled to two-thirds of the inheritance between them, but if there are surviving brothers and sisters, the male is entitled to twice the share of the female.

Here, we have two verses discussing a deceased person's inheritance where there are no living parents or children.  But the verses are in apparent disagreement!  In aya 12, a lone sibling inherits one-sixth, and additional siblings share one-third.  While in aya 176 a lone sibling inherits one-third of the total, and additional siblings share two-thirds.  How could this be?  Why do we have two different rulings for seemingly the same situation?  Some people pointed this out as proof of contradictions in the Quran.  

We answer that brothers and sisters can be one of three types.  First are siblings from the same father and mother.  Second are half-brothers and sisters from the same father but different mothers, and lastly are half-brothers and sisters from the same mother but different fathers.  Siblings that share the same father are considered to be from the same family tree; thus, aya 176 applies where a lone sibling inherits one-third, and additional siblings share two-thirds.  Meanwhile, half-brothers and sisters from the same mother belong to different family trees, so a lone sibling inherits one-sixth, and additional siblings share one-third, as stated in aya 12.  Each case has distinct rulings to avoid misunderstanding.

What does "making sure that no harm is done to anyone: a commandment from God" mean?  It indicates that if you faithfully follow the Lord's instruction, no harm will ever come to any party.  Problems always arise when the dying or the heirs insert their personal desires into the process to circumvent the Lord's teachings.    

Sadly, we often see examples where a dying father who only has daughters tries to prevent the uncles from inheriting.  But isn't the paternal uncle expected to be the guardian of the daughters' affairs and the family's protector after their father dies?  Do you want the uncle to bear responsibility while you rob him of his rightful share?  The uncle's claim on the inheritance has corresponding responsibilities, showcasing that privilege comes with liabilities.

You may have noticed that any inheritance share God assigns is only distributed "after payment of any bequests or debts." We advised earlier that debts have claimants that chase after them demanding payments, while bequests are easy to dismiss.  Thus, the heirs must not ignore them.  However, under religious law, debts have precedence as obligatory claims over bequests.  Allah warns, "making sure that no harm is done to anyone" to deter people from abusing these priorities to rob certain heirs of their rightful share.  Let's return to the example of a dying man who only has daughters.  He might be tempted to prevent relatives from inheriting by granting all his wealth to his daughters. 

You are free to allocate one-third of your wealth as you wish in your will, but the remaining two-thirds must be allocated according to God's instruction.  Islam limits bequests to one-third of the person's wealth but sets no limits on debt repayment.  A dying father may deceitfully claim that he has debts consuming the entire estate to prevent relatives from inheriting.  However, each of us must remember that we will stand alone before the Lord and answer for every action.  Are you smarter, wiser, or more knowledgeable than God?  Do you know how people will act after your death?  God says,

Your parents or your children—you know not which of them are nearest to you in benefit.  These are obligatory shares from God.  God is All-Knowing, All-Wise. (from 4:11)

This verse reminds us not to harm anyone with our actions because the inheritance directives are divine mandates, not suggestions from one person to another.   

The verse ends with "making sure that no harm is done to anyone: a commandment from God: God is all-knowing and Forbearing to all," cautioning us against actions that might stand in legal court yet are unrighteous before God.  For example, when a person dies with legitimate debts, such debts must be repaid.  But if false debts were created to prevent rightful heirs from inheriting, God knows the underlying intentions.  You may outsmart your relatives and the justice system, but you will never fool your Lord.  Prophet Muhammad, peace be upon him, taught, "I am only human, and you bring your disputes before me.  Perhaps some of you are more eloquent in presenting your arguments than others, and I judge according to what I hear.  If I ever issue a judgment in your favor and give you what is not rightfully yours, then whatever you wrongfully get is nothing but a piece of hellfire.  It is up to you to take it or leave it."

You are not doing yourself any favors by using your smarts to circumvent God's inheritance laws before a judge or family.  In fact, you are guaranteeing a place in hellfire.  Legal judgments in your favor do not change divine reality; halal gains remain so, and haram gains remain so regardless of any law, court, or decree.

Imagine you borrowed thousands of dollars from a friend and signed a document specifying the loan terms.  Then, a few months later, you met your friend and his family at a restaurant and repaid the loan in full.  He said, "As soon as I get home, I will mail you the signed document to confirm you are released from the debt." If your friend dies in a car accident on the way home, his heirs can unjustly claim the debt and show the court the signed document as proof.  The court would judge in their favor and order you to repay again.  Yet, in reality, the debt is settled, and the heirs have no right to reclaim it.  Allah warns, "God is all-knowing and Forbearing" because His patience with the wrongdoers doesn't imply permissibility, lack of knowledge, or escape from justice; instead, it reflects His forbearance, with ultimate accountability in the afterlife.

God set clear inheritance rules, so do not overstep them.  Join us next week as we explain God's boundaries and the borders of His divine kingdom.  Click the subscribe and bell icons below to get notified as soon as the next session is published.