An-Nisaa • EN-AL-QUSHAIRI-TAFSIR
﴿ يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ﴾
“CONCERNING [the inheritance of] your children, God enjoins [this] upon you: The male shall have the equal of two females’ share; but if there are more than two females, they shall have two-thirds of what [their parents] leave behind; and if there is only one daughter, she shall have one-half thereof. And 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 [left] a child; but if he has left no child and his parents are his [only] heirs, then his mother shall have one-third; and if he has brothers and sisters, then his mother shall have one-sixth after [the deduction of] any bequest he may have made, or any debt [he may have incurred]. As for your parents and your children - you know not which of them is more deserving of benefit from you: [therefore this] ordinance from God. Verily, God is all-knowing, wise.”
God charges you concerning your children to the male the equivalent of the portion of two females; and if they be women more than two then for them two-thirds of what he leaves; but if she be one then to her a half; and to his parents to each one of the two the sixth of what he leaves if he has a child; but if he has no child and his heirs are his parents then to his mother a third; or if he has siblings to his mother a sixth after any bequest that he may bequeath or any debt. The word �charge� waṣiyya here means �command� amr. He ������ established two principles for what is owed to inheritors from the inheri- tance-the obligatory portions farḌ and the inheritance by the group of relatives taʿṣīb. The inheritance by the group of relatives is stronger than the apportionment because it might include all of the wealth [of the estate] whereas the greater part of the portions cannot exceed two-thirds [of it]. The division [of the estate] begins with those who have claim to the ordained portions-those who have the weaker entitlement. Then [the division proceeds to] the group of relatives ʿaṣaba who have the stronger right. [The Prophet] ﷺ said �Whatever remains of the portions goes to the nearest male relative.� Thus is His way sunna forever. Likewise in the words of [God] most high �Then We bequeathed the Book to those of Our servants whom We chose� [35:32] He gave them the Book as the inheritance. Then He showed preference for the wrongdoer over those who take the lead [by beginning with them]. [The wrongdoer] has a weaker claim to put forth for generosity because he is broken-hearted and unable to withstand the prolonged deferral. To the male the equivalent of the portion of two females: If the matter were to be [determined] by analogy qiyās [with the previous examples where the weak are given preference] it would be more appropriate to favor the female because of her weakness and her inability to move about freely. But His determination ������ does not require justification ghayr al-muʿallal. Your parents and children-you know not which of them is nearer in benefit to you a prescription from God; surely God is ever Knowing Wise. Children benefit you with their service khidma and parents with their compassion raḥma-parents in the state of your weakness at the begin- ning of your life and children in your weakness at the end of your life.