Surah an-Nisa' (Women ) 4 : 11

Overview (Verse 11)

Islamic Inheritance Ensures Justice for All
 
God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females. If there are more than two women, they shall have two-thirds of what [their parents] leave behind; and if there is only one, she shall have one-half of it. As for the parents [of the deceased], each of them shall have one sixth of what he leaves behind, in the event of his having a child; but if he leaves no children, and his parents be his heirs, then his mother shall have one-third; and if he has brothers and sisters, his mother shall have one-sixth after (deducting) any bequest he may have made, or any outstanding debt. With regard to your parents and your children, you do not know which of them is of more benefit to you. This is, therefore, an ordinance from God. God is All-Knowing, Wise. (Verse 11)
 
At this point, the sūrah explains the Islamic system of inheritance. It starts with an order, made in the form of a strong recommendation, made by God to parents, to maintain justice among their children. This order shows that God, limitless is He in His glory, is kinder, fairer and more merciful than parents are to their own children. It also shows that the whole system of inheritance has been laid down by God, who has given His verdict on every issue concerning parents and children, or that may come up among relatives. People have no choice but to receive their orders from Him and to implement His rulings. This is the proper concept of religion which the sūrah, in its entirety, seeks to explain in the clearest of terms.
 
The opening statement also lays down the general principle which pervades the whole system of Islamic inheritance: “God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females.” (Verse 11) Details are then provided and shares assigned in the light of the aforementioned general principle. All these details are given in two verses; the first is devoted to inheritance by offspring and by parents from their children, while the second lists the inheritance of husbands and wives, and situations when the deceased has no surviving children or parents. A few other rules of inheritance are also explained in the last verse of this sūrah.
 
These three verses provide the foundation of the Islamic system of inheritance, which constitutes a branch of Islamic jurisprudence known as that of “decreed shares”. Further elaboration is stated clearly in a number of aĥādīth or has been deduced by scholars on the basis of the principles provided in these verses. It is beyond the scope of this commentary to discuss such elaborate details, for they are more the concern of specialised works on Islamic jurisprudence. Therefore, we will limit ourselves here to an explanation of these verses and we will comment on the principles they provide within the perfect Islamic constitution.
 
“God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females.” (Verse 11) This beginning to the system of inheritance points to the Originator of these rules and the basis upon which they are founded. It also stresses the fact that God is more merciful to mankind than parents are towards their children. When He assigns shares for them, He gives them better than what parents would normally give to their own children. Both notions are interrelated and mutually complementary. It is God who enjoins and decrees, and it is He who divides inheritance among people in the same way as He enjoins and commands in every respect and distributes everything that people receive in their lives. It is from God that regulations, legal provisions and laws originate, and from Him people learn how to conduct the most personal of their affairs, mainly the distribution of their estates among their children. This is the meaning of religion. People will not have a religion of any sort if they do not receive their instruction, on how to conduct all their life affairs, from God alone. They do not submit themselves totally to God if they receive instructions on any matter, great or small, from any other source. That would be to deny God’s authority, and to drop back into ignorance, the state which Islam worked hard to uproot from human life altogether.
 
Moreover, what God enjoins and decrees concerning people’s lives, including that which relates to the most private of their affairs, i.e. the sharing out of their wealth among their children, takes much better care of people, and is much more beneficial to them than what they may choose for themselves and their children. People, therefore, cannot say, “we will choose for ourselves,” or “we know better what serves our interests best.” Such statements are not only false, but they combine rudeness with insolence and make a claim of having better knowledge than God. Such a claim can only be made by one who is completely ignorant.
 
Al-`Awfī relates a statement on the authority of Ibn `Abbās in relation to the Qur’ānic statement: “God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females.” (Verse 11) He says: “When the verses that include the decreed shares were revealed, giving details of what God has ordered of shares to be given to male and female offspring and to parents, some people were not happy with them. They said: ‘A woman will be given one-quarter or one-eighth of the whole estate, and a daughter may be given half of it, and a young boy receives a share when none of these can fight in battle or protect possessions. Keep quiet about this whole subject so that God’s messenger (peace be upon him) may forget it, or we may talk to him and he may change these rules.’ They spoke to him and said:
`Messenger of God, a girl is supposed to receive of her father’s estate when she neither rides a horse nor fights the enemy. A boy may receive the whole estate when he is of little value (in war).’ It was their tradition in the days of ignorance not to give any share of inheritance except for those who fight and then they would give according to seniority of age.” (Related by Ibn Abī Ĥātim and Ibn Jarīr.)
 
This was the logic of Arabian ignorance, which made some people uneasy about what God decreed, and His fair distribution of inheritance. Today’s misguided logic which makes some people uneasy about the same subject may differ greatly or only a little from that same Arabian ignorance. This logic may pose the question: “How do we give wealth to children who have not worked for it and who have made no effort to earn it?” The two kinds of logic are the same. Neither of them appreciates the wisdom behind God’s distribution, and neither shows the minimum degree of politeness that a person should maintain in an approach to God’s legislation. Both combine ignorance with impudence.
 
“The male shall have a share equal to that of two females.” (Verse 11) When a person leaves behind no heirs other than his own offspring, male and female, they take the whole of his estate, on the basis of one share for a girl and two shares for a boy.
 
There is no question here of favouring one sex over another. It is all a matter of maintaining balance and justice between the responsibilities of a male and those of a female within the family. In the Islamic social system, the husband is required to support his wife. He is further required to support all his children in all situations, whether he remains married to his wife or he divorces her. A woman, on the other hand, may be required to look after herself, or she may be looked after by a man both before and after her marriage. Under no circumstances is she required to maintain her husband or her children. This means that a man shoulders at least double the burden of a woman within the family and in the Islamic social system. This is how justice is maintained in this wise distribution which achieves perfect balance between rights and duties, claims and liabilities. All objections to this system of distribution betray ignorance on the one hand and impudence with God on the other. They serve no purpose other than to shake the foundations of the whole system, of family and society, to no avail whatsoever.

Inheritance of Parents and Children
 
The division begins with the shares of offspring when they inherit from their parents: “If there are more than two women, they shall have two-thirds of what [their parents] leave behind; and if there is only one, she shall have one-half of it.” If the deceased has no male issue, but has two or more daughters, his daughters share equally two- thirds of his estate. If he leaves behind only one daughter, she inherits half of his estate. The remainder goes to his nearest of kin on his father’s side, i.e. to his father, grandfather or brother, or to his half-brother on his father’s side or to his paternal uncle or the children of his grandfather.
 
The Qur’ānic verse states: “If there are more than two women, they shall have two-thirds of what [their parents] leave behind.” This statement apportions two-thirds if the deceased leaves behind more than two daughters. The same portion of two-thirds is given when the deceased has only two daughters on the basis of the Sunnah as well as the analogy with the share given to two sisters in the final verse of this sūrah. As for the Sunnah, Abū Dāwūd, al-Tirmidhī and Ibn Mājah relate, on the authority of Jābir, that the widow of Sa`d ibn al-Rabī` came to the Prophet, saying: “Messenger of God, these are the two daughters of Sa`d whose father fell a martyr in the Battle of Uĥud in which he fought with you. Their uncle has taken their money and left them nothing. They cannot hope to get married unless they have money.” The Prophet said: “God will give His judgement in this case.” Then the verse that outlines shares of inheritance was revealed. The Prophet sent a message to their uncle, saying: “Give Sa`d’s two daughters two-thirds and their mother one-eighth and you take the remainder.” This, then, is the Prophet’s judgement which gives two-thirds to two daughters. It shows that when the deceased leaves two or more daughters but no sons behind, his daughters share two-thirds of his property.
 
Another basis for this portion is the final verse in the sūrah which states the shares of two sisters: “If there are two sisters, they shall both together have two-thirds of whatever he has left.” (Verse 176) It is only reasonable that two daughters have a stronger claim than two sisters to two-thirds of the deceased’s inheritance. Moreover, in the case explained in the last verse of this sūrah, if there is only one sister, she inherits the same share as that given in the present verse to one daughter.
 
Having completed the offspring’s shares, the verse goes on to explain the shares given to parents who survive any of their children, whether the deceased has children or not: “As for the parents [of the deceased], each of them shall have one-sixth of what he leaves behind, in the event of his having a child; but if he leaves no children, and his parents be his heirs, then his mother shall have one-third; and if he has brothers and sisters, his mother shall have one-sixth.” (Verse 11)
 
There are, then, different cases and different ways of sharing a parent’s bequest according to every particular situation. The first is when the deceased leaves behind children of his own in addition to his parents. Here, each of his parents inherits one- sixth and the remainder goes to his son, or to his son and daughter or daughters, on the basis of a son having a share equal to that of two daughters. If the deceased has only one daughter, she inherits one-half of her father’s estate, while each of his parents takes one-sixth and the father takes the last one-sixth on the basis of his being the nearest of kin to the deceased. In other words, the father has one portion as an ordained share and another portion for being the nearest of kin, taking what remains after those who are given appointed shares have taken theirs. If the deceased has two or more daughters, they take two-thirds and each of his parents one-sixth.
 
The second situation occurs when the deceased has neither children, brothers, sisters nor spouse. His parents, then, are his only heirs. In this case, his mother inherits one-third as her appointed share, and the remainder goes to his father as his nearest of kin. The father’s share in this case is double that of the mother. If the deceased leaves a spouse in addition to his parents, the husband takes one-half in the case of the deceased being a woman, and the wife takes one-quarter if the deceased is a man. The mother takes one-third (and here there is a difference among scholars as to whether the mother’s share is one-third of the whole estate or one-third of what is left after the deceased’s wife or husband have taken their shares) and the father takes what is left after the mother has taken her share, provided that the father’s share is not less than the mother’s.
 
The third situation occurs when the deceased is survived by his parents and brothers, whether they are full or half brothers on either the father’s or mother’s side. They do not inherit any share themselves because their father takes precedence over them and he is the nearest of kin to the deceased after his own son. Brothers, however, reduce the mother’s share by half, from one-third to one-sixth. The father takes the remainder if the deceased has no surviving spouse. If the deceased has only one brother as well as his parents, he does not reduce the mother’s share. She receives one-third in the same way as if the deceased had neither children nor brothers.
 
All these shares, however, are only apportioned after execution of the deceased’s will and payment of any outstanding debts: “after (deducting) any bequest he may have made, or any outstanding debt”. (Verse 11) Ibn Kathīr, the famous Qur’ānic commentator, states: `All scholars, past and contemporary, are unanimous that the deduction of outstanding debts takes precedence over bequests by will.” This is only reasonable because debt is a rightful claim of others. Hence, it must be deducted from the estate of the person who incurred the debt, since he has left enough money to do so. Such payment gives the lender his right and absolves the debtor of his debt. Islam has taken special care to impress on its followers the need to repay all debts. This ensures that people’s lives can benefit from people’s clear consciences and transactions can be made on the basis of trust and reassurance. It is for this reason that a debt is not written-off by reason of the borrower’s death. It remains outstanding. Abū Qatādah, a Companion of the Prophet, reports that a man asked the Prophet whether all his past mistakes and sins are written-off if he dies a martyr in the service of God’s cause. The Prophet answered: “Yes. If you are killed fighting willingly, volunteering for God’s cause, pushing forward, not withdrawing backward.” The Prophet then asked him to repeat the question, which he did. The Prophet then said: “Yes, with the exception of your debts. Gabriel, the Angel, has told me that.” (Related by Muslim, Mālik, and others.)
 
Abū Qatādah also reports that the body of a dead person was brought to the Mosque so that the Prophet may lead the Prayer for the deceased, i.e. Janāzah Prayer, for him. The Prophet said to his Companions: “You pray for your friend because he has an outstanding debt.” I said: “I take over that debt, Messenger of God.” The Prophet asked: “For full settlement?” I answered in the affirmative and the Prophet led the prayer for the deceased.
 
The will takes precedence over the apportioned shares of inheritance because it represents the deceased’s desire. In fact, provision for making a will is made so that care can be taken of certain cases where some relatives supersede others preventing them from having a share of the inheritance. Those who are thus “screened”, to use the Islamic term, may be poor and in need of help. Making a will in their favour is one way of helping them. There are other cases where the interests of the family are served through cementing relations between the heirs of the deceased and relatives who are not entitled to any share of the inheritance. Bequeathing some money to them by will is certain to remove all causes of envy, grudge and conflict before they can even take root. We have to remember here that no heir may be given by will anything over his apportioned share and that there is a ceiling for what any person may so bequeath. That ceiling is one-third of the whole estate. Limiting the will in this way guarantees against any prejudice to the rights of all heirs.
 
The verse concludes with a comment that makes three clear points: “With regard to your parents and your children, you do not know which of them is of more benefit to you. This is, therefore, an ordinance from God. God is All-Knowing, Wise.” (Verse 11) The first seeks to help people accept these apportioned shares willingly. Some may be motivated by their parental instinct to favour their own children over their parents if division of their estate is left entirely to them. This is understandable because there is a natural weakness in favour of one’s own children. Some people may be able to overcome this weakness if they have a particularly sensitive moral feeling towards their parents. Others vacillate between their natural weaknesses and their morality. It may happen that the social environment and traditions impose certain considerations similar to those that were voiced by some people when this inheritance legislation was first revealed. We have mentioned some of these earlier in the text. God, therefore, wants to give all people the reassurance generated by submission to His will and to His legislation by reminding them that His knowledge is perfect and absolute, while people do not know who of their relatives is of more benefit to them and which method of sharing out inheritance may best serve their interests: “With regard to your parents and your children, you do not know which of them is of more benefit to you.” (Verse 11)
 
The second point states the principles on which the whole system is based. It is not a question of favouring one person over another or serving a narrow interest. It is all a question of faith and Divine law: “This is, therefore, an ordinance from God.” (Verse 11) It is He who has created parents and children and who has given them all their provisions and properties. It is God who makes the law and decrees the sharing out and promulgates legal provisions. People cannot legislate for themselves or impose their own dictates. After all, they do not know where their interests lie.
 
“God is All-Knowing, Wise.” (Verse 11) This is the final point which impresses on all people that what God legislates for mankind is not merely something that they cannot contravene; it is also made to serve their interests on the basis of God’s perfect knowledge and complete wisdom. People, on the other hand, have only scanty knowledge and follow their caprice.
 
These comments are made before the legislation of inheritance is completed so that the whole matter is put in its proper perspective of faith. A faith that defines religion as submission to God’s law and as acceptance of His rulings.