Quran Chptr 4-12c (Pt-4 Stg-1) (L–518)-درس قرآن
Bequest and debt
Surah ‘An-Nisaaa’ (Women -4),
BisMillaahir-Rahmaanir-Rahiim
In the name of God, the Beneficent, the Merciful
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12c. And if they be more than two, then they
shall be sharers in the third, after any legacy that may have been bequeathed
or debt (contracted) not injuring (the heirs by willing away more than a
third of the heritage) hath been paid. A commandment from Allah. And Allah is
Knower, Indulgent.
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12c. Fa-‘in kaanuuu ‘ak-sara
min zaalika fahum shura-kaaa-‘u fissulusi mim-
ba’-di Wasiyyatiny-yuu-saa bihaaa ‘aw daynin,
gayra muzaaarr. Wa-siyyatam-minal-laah, wAllaahu
‘Aliimun Ha-liim.
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Lesson
If
step-brothers and sisters from the mother side (‘akhyaafii) are more than one, then they all will be paid one-third from the
wealth of inheritance. However, debt will be returned and the bequeathed legacy
will be made up first, provided that the other persons are not harmed due to
the bequest. There are two forms of loss:
·
The legacy is for more
than one-third of the heritage.
·
The will has been
bequeathed also for that heir, who will be given share from the inheritance.
These both forms are not
in order. If the entire heirs accept them then in this form, these are correct.
It has been ordered
repeatedly about the debt and the legacy besides heritage, because there was a
suspicion that the heirs would not divide the wealth before paying the debt and
fulfilling the bequest of the deceased person.
Five kinds of heritages
have been described with effect from the beginning of this section (Rukuuu’)
– Son and daughter, mother and father, ‘akhyaafii (step-brother and sister by the same mother).
These five kinsfolk are partners in the heritage. After explaining their shares
in the inheritance, it has been commanded emphatically “It is order of Allah
Almighty. Carrying out this order is unavoidable and He knows about the person,
who obeyed, who disobeyed, who played fair in the payment of debt and acted
upon the legacy and distribution of the inheritance.”
Another kind of heirs
exists too besides these sharers which is called “’Asbah” (Kinsmen).
Their share from the inheritance has not been fixed from any relation. But they
will be given that part from the heritage which has remained after handing the
portions over to the real heirs. That is to say, if any deceased person does
not have any heir but the relatives (’Asbah), then the kinsmen will take
that person’s entire wealth and property as next for heirs. If the both kinds
are present, then remaining from the heirs, will be given to (’Asbah)
and if nothing has remained, then they will get nothing.
Actually ’Asbah is that male who does not have relationship with the deceased
person from the woman side. As per priority, it has following four grades:
1. Son and the grandson
2. Father and grandfather
3. Brother and nephew
4. Uncle (brother of father), his son (cousin) or
his grandson
If there are many
persons, then whoever is close to the deceased person, he will be antecedent,
like son than grandson, brother than nephew and a full (son, father, brother or
uncle) than the step (son, father or brother etc). Besides these four, woman is
also ’Asbah along with the man in the children and brothers.
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