Appearance
Verse 176
The verse explains the prescribed shares of consanguine or agnate relatives—other than the parents and the children as the explanatory traditions make clear. The shares of relatives—other than the parents and the children—described in the beginning of the chapter, were related to the uterine relatives as the prophetic traditions had explained. It may also be understood from the fact that the shares prescribed here are greater than those described in the beginning of the chapter. It is inferred from the verses that the males’ share is greater than that of females.
يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ ۚ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَا إِنْ لَمْ يَكُنْ لَهَا وَلَدٌ ۚ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ ۗ يُبَيِّنُ اللَّهُ لَكُمْ أَنْ تَضِلُّوا ۗ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ ١٧٦
(4:176) They ask you for a decision of the law, say: “Allah gives you a decision concerning the person who has neither parents nor offspring; if a man dies (and) he has no child and he has a sister, she shall have half of what he leaves, and he shall be her heir if she has no child; but if there be two (sisters), they shall have two-thirds of what he leaves; and if there are brothers (and sisters), men and women, then the male shall have the like of the portion of two females; Allah makes clear to you, lest you err; and Allah knows all things”
In previous verses of this chapter, we have given the meaning of al-istiftāʾ (seeking decision), al-iftāʾ (giving decision) and al-kalālah (a relative other than the parents and children).
“he has no child”: It encompasses male and female children as is understood when the word, child, is used without any restriction. al-Tabrisī has said in Majmaʾ al-bayān: “It means he has neither child nor parent; according to consensus, parent is omitted but understood in this verse.” Moreover, if either parent were present, the verse would not have neglected prescribing his/her share. Therefore, it is understood that they are not present.
…and he has a sister, she shall have half of what he leaves and he shall be her heir if she has no child;…: It describes the share of the sister from her brother and share of the brother from his sister. It also implies the share of the sister from her sister and share of the brother from his brother; if there were difference in the shares of the latter two, the verse would have mentioned it clearly. “he shall be her heir”, it means that if there is a brother in place of the sister, he will take the whole inheritance. but if there be two (sisters), they shall have two-thirds of what he leaves; and if there are brothers (and sisters), men and women, then the male shall have the like of the portion of two females, that is, the share of two sisters. The share of the brothers and sisters will remain the same whether the deceased was male or female.
The verse has explicitly explained the shares of one sister, one brother, two sisters and a mixed group of brothers and sisters. Other prescribed shares may be understood from the above. For example: two brothers will inherit the whole property dividing it half and half; it is known from the share of one brother who takes the whole property; likewise, if there is a brother and a sister, they will be governed by the clause, “and if there are brothers (and sisters), men and women, then the male shall have the like of the portions of two females”. Moreover, the traditions have clearly explained it.
The above shares will apply when there are only agnate or only consanguine relatives. However, if both types of relatives gather together, for example: a consanguine sister with an agnate sister, the agnate will get nothing, as we have discussed it under the verses in the beginning of the chapter.
…Allah makes clear to you, lest you err: The literal translation of the end clause will be: that you err; but it implies “lest you err”; such usage is found in every language. ʿAmr b. Kulthūm has said, “We made haste in your entertainment that you abuse us”, that is, lest you abuse us.
Examining Narrations
- Jābir b. ʿAbdillāh al-Ansārī said, “I was sick and I had nine—or seven—sisters. The Prophet came to me and blew at my face and I became conscious. Then I said, ‘O Messenger of God! should not I bequeath two-third to my sisters?’ He said, ‘Good.’ I said, ‘A part of it?’ He said, ‘Good.’ Then he went out and left me. Again he returned to me and said, ‘O Jābir! I do not see you dying from this illness of yours and surely God has sent down regarding the share of your sisters and has prescribed for them two-third.’” They said, “Jābir used to say, ‘This verse was revealed for me.’” (Majmaʾ al-bayān)
Author’s comment: A tradition is narrated in al-Durr al-manthūr which is near to this in meaning.
- Ibn Abī Shaybah, al-Bukhārī, Muslim, al-Tirmidhī, al-Nasāʾī, Ibn Darīs, Ibn Jarīr, Ibn al-Mundhir and al-Bayhaqī (in his al-Dalāil) have narrated from al-Barāʾ that he said, “The last complete sūrah to be revealed is ‘Barāʾah’ [or ‘al-Tawbah’, ch.9] and the last verse to be revealed is the end of the chapter, ‘The Women’: They ask you for a decision of the law, Say: ‘Allah gives you a decision concerning the person who has neither parents nor offspring…’”. (al-Durr al-manthūr)
Author’s comment: The same book narrates various traditions that the Messenger of God and the companions used to call it ‘the verse of the summer’. al-Tabrisī says in Majmaʾ al-bayān: “It was because God had revealed two verses about al-kalālah; one in the winter; and it is the one which is placed in the beginning of this chapter and the other in the summer, and it is this verse.”
- Abu al-Shaykh has narrated in al-Farāid from al-Barāʾ that he said, “The Messenger of God was asked (the meaning of) al-kalālah. He said, ‘(Relatives) other than the child and parent.’” (ibid.)
- al-Qummī says, “Narrated to me my father from Ibn Abī ʿUmayr from Ibn Udhaynah from Bukayr from Abū Jaʾfar that he said, ‘When a man dies and he has a sister, she will get half of what he has left in inheritance by virtue of this verse (as will take a daughter if she is alone) and the remaining half will be returned to her by virtue of kinship when the deceased doesn’t have any heir nearer than her. If there is a brother in place of the sister, he will take the whole inheritance by authority of the words of God: and he shall be her heir if she has no child. If there are two sisters, they will take two-third by virtue of this verse and the remaining one-third will be theirs by kinship. If there are brothers and sisters (men and women) the males shall have the lie of the portion of two females. All this is when the deceased has no child or parent or wife.’” (al-Tafsīr)
Author’s comment: al-ʿAyyāshī has narrated in his Tafsīr the last part of this tradition in several ahādīth from Abū Jaʾfar and Abū ʿAbdillāh.
- There is a tradition narrated from Bukayr that he said, “A man came to Abū Jaʾfar and asked him about a woman who (died and) left a husband and uterine brothers and an agnate sister. He said, ‘The husband will have a half, three [out of six] portions and the uterine brothers one-third, two portions, and agnate sister one portion.’ The man said, ‘O Abū Jaʾfar! the computation of Zayd and Ibn Masʾūd and the system of inheritance of the general Muslims and the qādīs is different from it. They say the consanguine sister will take three portions from six and the six portions will change to eight.’ Abū Jaʾfar said, ‘Why do they say this?’ He said, ‘Because God has said: he has no child and he has a sister, she shall have half of what he leaves.’ Then Abū Jaʾfar said, ‘Then why did you reduce (the share of) the brother if you are arguing through God’s commandment? Because God has prescribed for her the half and He has prescribed for the brother the whole, and the whole is bigger than the half. He [God] has said: she shall have half, as He has said about the brother: he shall be her heir, that is, the whole estate: if she has no child; so sometimes in your computations you do not give anything to him whom God has given the whole and you give her whom God has prescribed the half, the whole estate!’” (al-Tafsīr, al-ʿAyyāshī)
- ʿAbdu al-Razzāq, Ibn al-Mundhir, al-Hākim and al-Bayhaqī have narrated from Ibn ʿAbbās that he was asked about a man who died leaving his daughter and a consanguine sister. He said, “The daughter will have the half and the sister gets nothing and the residue is for his agnates (paternal relations).” He was told, “Verily ʿUmar had prescribed the (remaining) half for the sister.” Ibn ʿAbbās said, “Are you more knowledgeable or God? God says: If a man dies (and) he has no child and he has a sister, she shall have half of what he leaves, but you people say she will have a half even if he has a child!” (al- Durr al-manthūr)