Quran Chptr 4-12b (Pt-4 Stg-1) (L–517)-درس قرآن
Portion of a
distant heir
Surah ‘An-Nisaaa’ (Women -4),
BisMillaahir-Rahmaanir-Rahiim
In the name of God, the Beneficent, the Merciful
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12b. And if a man or a woman have a distant heir
(having left neither parent nor child), and he (or she) have a brother or a
sister (only on the mother’s side) then to each of them twain (the brother
and the sister) the sixth.
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12b.
Wa ‘in- kaana rajuluny-yuu-rasu kalaalatan
‘a-wimra- ‘atunw-wa lahuuu ‘akhun ‘aw ‘ukhtun-
fali-kulli waahidim-min-humas-sudus.
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Lesson
Kalaalah – (the person, who does not have his father or
son), all theologians of Islam admit this explanation, but Imam Abu Hanifah says that the grandmother and
granddaughter should also be not in addition to the father and the son (that
person should not have father, son, grandmother and granddaughter). In this
connection, which order is for the father and the son that is for the
grandmother and the granddaughter too. However, difference of opinion in this
respect, is from the very first between the theologians.
Now
there is description about hereditary of such brothers and sisters, who become
heirs only from the mother-side. It is the Rule that while father and son are
present, then brother and sister will get nothing. If the father and the son
are not living, then brother and sister will get portion of hereditary. There
are three types of brothers and sisters:
1. Own – those brothers and sisters,
who have same father and mother. They are called ‘ainii.
2. Step-brothers and sisters, who are
brothers and sisters due to father only, are called ‘alaatii.
3. Brothers or sisters by the same
mother but by a different father are called ‘akhyaafii.
Recitation in this verse
is about the last type of brothers and sisters.
If the deceased person
does not have any close from the father, the mother, the son or the daughter,
but he/she have one ‘akhyaafii brother or ‘akhyaafii sister, then each of
both will get sixth of that
which they left. Share from hereditary for akhyaafii brother
and ‘akhyaafii sister is equal, nobody will be given more or
less.
As far as it concerns
about other two types of brothers and sisters, that is to say; ‘ainii and ’alaatii, order for these both types is just like own children; on the condition
that the deceased person does not have father or son.
‘Ainii brother or sister gets first priority. If they
are not alive then ’alaatii brothers and sisters will get their turn.
Portion of these two kinds of persons will be described in detail at the end of
this Surah.
In this connection,
remaining laws about distribution of the hereditary will be explained after it
also.
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