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521 A "brother or sister" is here interpreted to mean a uterine brother or sister, i.e., a brother or sister by the same mother
but not by the same father, as the case of full brothers and sisters or brothers and sisters by the same father but
different mothers is understood to be dealt with later, in the last verse of this Sura. The uterine brother or sister, if only
one survives, takes a sixth; if more than one survive, they take a third collectively, and divide among themselves; this
on the supposition that there are no descendants or ascendants, however remote. There may, however, be a widow
or widower surviving: she or he takes her or his share, as already specified. The shares of collaterals generally are
calculated on a complicated system which cannot be described in a brief note. For these, and the rules about
Residuaries ('Asaba) reference should be made to special legal treatises. (4.12)
522 Debts (in which funeral expenses take first rank) and legacies are the first charge on the estate of a deceased person,
before distribution takes place. But equity and fair dealing should be observed in all matters, so that no one's interests
are prejudiced. Thus funeral expenses should be reasonable; debts must be genuine and not reckless debts; and the
shares must be calculated with fairness. A) Cf. xliv. 57, n. 4733. (4.12)
4:176 – See under “Heirs”
2:180 – See under “Bequest”
2:240 - Those of you who die and leave widows should bequeath for their widows a year's
maintenance and residence; but if they leave (the residence) there is no blame on you for
what they do with themselves provided it is reasonable and Allah is Exalted in Power Wise. 273
273 Opinions differ whether the provision (of a year's maintenance, with residence) for a widow is abrogated by the share
which the widow gets (one-eighth or one- fourth) as an heir (Q.iv.12). I do not think it is. The bequest (where made)
takes effect as a charge on the property, but the widow can leave the house before the year is out, and presumably
the maintenance then ceases. (2.240)
4:9 - Let those (disposing of an estate) have the same fear in their minds as they would have for
their own if they had left a helpless family behind: let them fear Allah and speak words of
appropriate (comfort). 515
515 It is a touching argument addressed to those who have to divide an estate. 'How anxious would you be if you had left
a helpless family behind? If others do so, help and be kind'. (4.9)
4:19 -O ye who believe! ye are forbidden to inherit women against their will. Nor should ye treat
them with harshness that ye may take away part of the dower ye have given them except
where they have been guilty of open lewdness; on the contrary live with them on a footing of
kindness and equity. If ye take a dislike to them it may be that ye dislike a thing and Allah
brings about through it a great deal of good. 527528
527 Among many nations, including Arabs in the Days of Ignorance, a step-son or brother took possession of a dead
man's widow or widows along with his goods and chattels. This shameful custom is forbidden. See also iv. 22 below.
(4.19)
528 Another trick, to detract from the freedom of married women was to treat them badly and force them to sue for a
Khul'a divorce (see ii. 229, n. 258) or its equivalent in pre-lslamic custom, when the dower could be claimed back.
This is also forbidden. Or the harshness may be exercised in another way: a divorced woman may be prevented by
those who have control of her, from remarrying unless she remits her dower. All kinds of harshness are forbidden.
(4.19)
6:165 -It is He who hath made you (His) agents inheritors of the earth: He hath raised you in ranks
some above others: that he may try you in the gifts He hath given you: for thy Lord is quick in
punishment: yet He is indeed Oft-Forgiving Most Merciful. 988
988 Cf. ii. 30 and n. where I have translated "Khalifa" as "Vicegerent", it being god's Plan to make Adam (as representing
mankind) His vicegerent on earth. Another idea implied in "Khalifa" is that of "successor, heir, or inheritor," i.e., one
who has the ultimate ownership after the present possessors, to whom a life-tenancy has been given by the owner,
have passed away. In xv. 23 occurs the striking word "heirs" (warithun) as applied to God: "We give life and death,
and We are the Heirs (of Inheritors)." The same idea occurs in iii. 180, where see n. 485. (6.165)
35:39 - He it is that has made you inheritors in the earth: if then any do reject (Allah) their rejection
(works) against themselves: their rejection but adds to the odium for the Unbelievers in the
sight of their Lord: their rejection but adds to (their own) undoing. 39303931
3930 Inheritors: khalaif. In two senses: (1) as Vicegerents on earth, and (2) as successors to previous people who forfeited
their rights by wrong-doing. The honour and dignity of (1) and the examples of the past in (2) should have kept them
straight and made them truly grateful. See also vi. 165 and n. 988. (35.39)
3931 Their rejection and ingratitude only causes injury to themselves. They lose all honour and incur odium in the sight of
Allah, and they complete their own undoing. (35.39)
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