Overview (Verse 12)

Inheritance of Husbands, Wives, Brothers and Sisters
 
The sūrah goes on to define other apportioned shares: “You shall inherit one-half of what your wives leave behind, provided that they have left no child; but if they have left a child, then you shall have one- quarter of what they leave behind, after [deducting] any bequest they may have made or any outstanding debt. And they (i.e. your widows) shall inherit one-quarter of what you leave behind, provided that you have left no child; but if you have left a child, then they shall have one- eighth of what you leave behind, after [deducting] any bequest you may have made or any outstanding debt.” (Verse 12)
 
These statements are clear and elaborate. A husband inherits half of his deceased wife’s property if she leaves behind neither a son nor a daughter. If she has one or more sons or daughters, her husband inherits one-quarter of her property. The children of her sons, i.e. her grandchildren, reduce the husband’s share from one-half to one-quarter in the same way as her own children. The same applies to her children from an earlier marriage who also reduce her husband’s share to one- quarter. Her property is divided among her heirs after settling any outstanding debts or executing her will, as mentioned earlier.
 
A wife inherits one-quarter of the property left by her husband, if he dies without any progeny. If he has a child, a son or a daughter or even more, by her or by any other wife, or even grandchildren of his own, then their presence reduces her share to one-eighth. Again, settlement of debts and the execution of the will take precedence over any sharing out of the property.
 
The share given to a wife remains the same whether the deceased leaves behind one wife or two, three or four wives. All of them share equally in that portion of one- quarter or one-eighth, as the case may be.
 
The final rule in this second verse outlining the system of inheritance concerns a person who leaves no direct heirs: “If a man or a woman has no heir in the direct line, but has a brother or a sister, then each of them shall inherit one-sixth; but if there be more, then they shall share in one- third, after [deducting] any bequest which may have been made or any outstanding debt, neither of which having been intended to harm [the heirs]. This is a commandment from God; and God is All-Knowing, Gracious.” (Verse 12) This is the case of a person having heirs whose relationship to him is weaker than that of either parents or children. Abū Bakr was asked to define the Arabic term kalālah that is used in the Qur’ān to refer to such a person. He said: “I can give only my own view. It is correct, then I am right only by God’s grace. If it is mistaken, the mistake is mine and caused by Satan. God and His Messenger are not party to it. Kalālah is a person who has no children and no parents.” When `Umar took over, he said in this respect: “I would be ashamed to contradict Abū Bakr in an opinion of his.” In fact, the most eminent scholars among the Prophet’s Companions and those of the next generations as well as the founders of all four major schools of thought and the overwhelming majority of scholars in successive generations, subscribe to this definition.
 
“If a man or a woman has no heir in the direct line, but has a brother or a sister, then each of them shall inherit one-sixth; but if there be more, then they shall share in one-third.” (Verse 12) What is meant in this verse by the deceased having a brother or a sister is that either of them is only a half-brother or half-sister on his mother’s side. If they are a full brother or full sister, or if they are a half-brother or half-sister on his father’s side, they inherit according to the last verse in this sūrah, which gives them a portion in which a male takes twice as much as a female. The portion mentioned here of one- sixth for either of them, male or female, applies only to half-brothers and sisters on the side of the deceased’s mother. They have an apportioned share that is specified in the Qur’ān. They do not inherit on the basis of being the nearest of kin. Had that been the case, they would have taken all the deceased’s estate, or what is left of it, after those who have apportioned shares took theirs.
 
“But if there be more, then they shall share in one-third.” (Verse 12) This applies regardless of their number or their sex. The weightier opinion is that they equally share their total portion of one-third, although some scholars maintain that the division of the portion assigned must be on the basis of a male taking twice as much as a female. Equal division seems to be weightier in this case, because it is in line with the principle stated in the same verse, giving the male an equal share of the female: “Each of them shall have one-sixth.” (Verse 12)
 
This means that half-brothers and sisters on the mother’s side are different from other heirs on three counts:
 
1.  The shares of males and females are equal among them.
 
2.  They have no claim to any part of the inheritance unless the deceased has neither parents nor offspring. If his father, grandfather, child or grandchild survives him, they inherit nothing.
 
3.  Their total share, regardless of their number, has a maximum of one-third of the estate.
 
“After [deducting) any bequest which may have been made or any outstanding debt, neither of which having been intended to harm [the heirs].” (Verse 12) This is a warning against making a will for the specific purpose of harming any of one’s heirs. Thus, Islam ensures that a will is made to serve justice and the family’s interests. It is worth mentioning again here that settling debts takes precedence over executing the will and both the debt and the will take precedence over any sharing out of the inheritance among heirs.
 
This second verse concludes with a comment that is similar to the first verse: “This is a commandment from God; and God is All-Knowing, Gracious.” (Verse 12) Thus the import of this comment is emphasised that much more strongly. These apportioned shares are given as “a commandment from God”. They are not the result of any caprice, nor are they swayed by desire. They emanate from perfect knowledge. Hence, they must be obeyed because they are made by the One to whom the right to legislate and apportion belongs totally. They must be accepted because they come from the only Source with absolute and perfect knowledge.

Overview (Verse 12)

Inheritance of Husbands, Wives, Brothers and Sisters
 
The sūrah goes on to define other apportioned shares: “You shall inherit one-half of what your wives leave behind, provided that they have left no child; but if they have left a child, then you shall have one- quarter of what they leave behind, after [deducting] any bequest they may have made or any outstanding debt. And they (i.e. your widows) shall inherit one-quarter of what you leave behind, provided that you have left no child; but if you have left a child, then they shall have one- eighth of what you leave behind, after [deducting] any bequest you may have made or any outstanding debt.” (Verse 12)
 
These statements are clear and elaborate. A husband inherits half of his deceased wife’s property if she leaves behind neither a son nor a daughter. If she has one or more sons or daughters, her husband inherits one-quarter of her property. The children of her sons, i.e. her grandchildren, reduce the husband’s share from one-half to one-quarter in the same way as her own children. The same applies to her children from an earlier marriage who also reduce her husband’s share to one- quarter. Her property is divided among her heirs after settling any outstanding debts or executing her will, as mentioned earlier.
 
A wife inherits one-quarter of the property left by her husband, if he dies without any progeny. If he has a child, a son or a daughter or even more, by her or by any other wife, or even grandchildren of his own, then their presence reduces her share to one-eighth. Again, settlement of debts and the execution of the will take precedence over any sharing out of the property.
 
The share given to a wife remains the same whether the deceased leaves behind one wife or two, three or four wives. All of them share equally in that portion of one- quarter or one-eighth, as the case may be.
 
The final rule in this second verse outlining the system of inheritance concerns a person who leaves no direct heirs: “If a man or a woman has no heir in the direct line, but has a brother or a sister, then each of them shall inherit one-sixth; but if there be more, then they shall share in one- third, after [deducting] any bequest which may have been made or any outstanding debt, neither of which having been intended to harm [the heirs]. This is a commandment from God; and God is All-Knowing, Gracious.” (Verse 12) This is the case of a person having heirs whose relationship to him is weaker than that of either parents or children. Abū Bakr was asked to define the Arabic term kalālah that is used in the Qur’ān to refer to such a person. He said: “I can give only my own view. It is correct, then I am right only by God’s grace. If it is mistaken, the mistake is mine and caused by Satan. God and His Messenger are not party to it. Kalālah is a person who has no children and no parents.” When `Umar took over, he said in this respect: “I would be ashamed to contradict Abū Bakr in an opinion of his.” In fact, the most eminent scholars among the Prophet’s Companions and those of the next generations as well as the founders of all four major schools of thought and the overwhelming majority of scholars in successive generations, subscribe to this definition.
 
“If a man or a woman has no heir in the direct line, but has a brother or a sister, then each of them shall inherit one-sixth; but if there be more, then they shall share in one-third.” (Verse 12) What is meant in this verse by the deceased having a brother or a sister is that either of them is only a half-brother or half-sister on his mother’s side. If they are a full brother or full sister, or if they are a half-brother or half-sister on his father’s side, they inherit according to the last verse in this sūrah, which gives them a portion in which a male takes twice as much as a female. The portion mentioned here of one- sixth for either of them, male or female, applies only to half-brothers and sisters on the side of the deceased’s mother. They have an apportioned share that is specified in the Qur’ān. They do not inherit on the basis of being the nearest of kin. Had that been the case, they would have taken all the deceased’s estate, or what is left of it, after those who have apportioned shares took theirs.
 
“But if there be more, then they shall share in one-third.” (Verse 12) This applies regardless of their number or their sex. The weightier opinion is that they equally share their total portion of one-third, although some scholars maintain that the division of the portion assigned must be on the basis of a male taking twice as much as a female. Equal division seems to be weightier in this case, because it is in line with the principle stated in the same verse, giving the male an equal share of the female: “Each of them shall have one-sixth.” (Verse 12)
 
This means that half-brothers and sisters on the mother’s side are different from other heirs on three counts:
 
1.  The shares of males and females are equal among them.
 
2.  They have no claim to any part of the inheritance unless the deceased has neither parents nor offspring. If his father, grandfather, child or grandchild survives him, they inherit nothing.
 
3.  Their total share, regardless of their number, has a maximum of one-third of the estate.
 
“After [deducting) any bequest which may have been made or any outstanding debt, neither of which having been intended to harm [the heirs].” (Verse 12) This is a warning against making a will for the specific purpose of harming any of one’s heirs. Thus, Islam ensures that a will is made to serve justice and the family’s interests. It is worth mentioning again here that settling debts takes precedence over executing the will and both the debt and the will take precedence over any sharing out of the inheritance among heirs.
 
This second verse concludes with a comment that is similar to the first verse: “This is a commandment from God; and God is All-Knowing, Gracious.” (Verse 12) Thus the import of this comment is emphasised that much more strongly. These apportioned shares are given as “a commandment from God”. They are not the result of any caprice, nor are they swayed by desire. They emanate from perfect knowledge. Hence, they must be obeyed because they are made by the One to whom the right to legislate and apportion belongs totally. They must be accepted because they come from the only Source with absolute and perfect knowledge.