And for you a half of what your wives leave if they have no children from you or from another; but if they have children then for you a fourth of what they leave after any bequest they may bequeath or any debt the consensus is that the grandchild in this case is like the child. And for them the wives whether one or more a fourth of what you leave if you have no children; but if you have children from them or from others then for them an eighth of what you leave after any bequest you may bequeath or any debt; again the consensus is that the grandchild is as the child. If it be a man leaving an inheritance yūrathu ‘being inherited from’ is an adjectival qualification the predicate of which is the following kalālatan ‘without direct heir’ and not having a direct heir that is having neither a parent nor child or it be a woman leaving an inheritance and having no direct heir but it be that such a man leaving an inheritance with no direct heir has a brother or a sister from the same mother as read by Ibn Mas‘ūd and others then to each of the two a sixth of what he leaves; but if they the siblings from the same mother be more than that that is more than one then they share a third the male and female equally after any bequest to be bequeathed or any debt without prejudice ghayra mudārrin is a circumstantial qualifier referring to the person governing the verb yūsā ‘to be bequeathed’ in other words without causing any prejudice to the inheritors by bequeathing more than the third; a charge wasiyyatan a verbal noun reaffirming the import of yūsīkum ‘He charges you’ of the beginning of the previous verse from God. God is Knowing of the obligations which He has ordained for His creatures Forbearing in deferring the punishment of those that disobey Him. The Sunna specifies that the individuals mentioned may receive the relevant inheritance provided that they are not barred from it on account of their having committed murder or their belonging to a different religion or being slaves.
- 4:1212
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ ۚ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ ۚ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ ۚ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ ۚ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ ۗ وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ ۚ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ ۚ وَصِيَّةً مِنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَلِيمٌ
Your share in the property the wives leave behind is half if they die without an issue, but in case they have left children, then your share is one-fourth after the payment of legacies and debts; and your wife shall inherit one-fourth of what you leave at death if you die childless, if not, she will get one-eighth of what you leave behind after payment of legacies and debts. If a man or a woman should die without leaving either children or parents behind but have brother and sister, they shall each inherit one-sixth. In case there are more, they will share one-third of the estate after payment of legacies and debts without prejudice to others. This is the decree of God who knows all and is kind.
- common.revelation-Medinan
- common.hizb : 32