[792] No matter how small or large the bequeathed sum to the inheriting relatives might be, both males and females have their due rights in it (cf. al-Ṭabarī). This is a revocation of the practice that was common in Arabia before the advent of Islam, known as the age of ignorance when women and younger boys were barred from inheritance. This with the justification that they do not ride horses that need to be dearly cared for, provide for those in need of assistance, ward off enemies, nor give out of their money to dependents (cf. Ibn Kathīr, al-Jazā’irī).
[793] This ‘ordained share’ is detailed in Ayas 11-12 below.
[794] Those relatives who have no lawful share in the inheritance. (Ibn Kathīr, al-Saʿdī)
[795] In the same way as any parent seeks to ensure just treatment of their offspring after their death, any guardian of orphans will do well to remember this and treat those entrusted to them with care and kindness. (Ibn Kathīr, al-Saʿdī, Ibn ʿĀshūr)
[796] Saʿīr is another name for Hellfire (cf. al-Sijistānī, Gharīb al-Qur’ān; Ibn Fāris, Maqāyīs al-Lughah; al-Iṣfahānī, al-Mufradāt). Abū Hurayrah (رضي الله عنه) narrated that the Prophet (ﷺ) said: “Beware of the seven most cardinal sins: Associating other deities with Allah, sorcery, annihilating a sacrosanct soul without having the right to, devouring usury, consuming an orphan’s money, fleeing in battle, and accusing chaste, pure in heart, Believing women ˹of lewdness˺”. (Cf. al-Bukhārī, 6857; Muslim, 89)
[797] al-Waṣiyyah (lit. advice) is to strongly suggest a way of going about things for another person. ‘Advice’ from God, on the other hand, is a command, a dictate, that must be carried out. Furthermore, ‘advice’ also underlines the significance of the matter at hand and the great care taken by the person so advising (cf. al-Ṭabarī, Ibn Kathīr, Ibn Fāris, Maqāyīs al-Lughah). Given how crucial all this is, God makes a point of ‘dictating’ the division of inheritance Himself. No one besides the All-Knowing, All-Fair Creator is more knowledgeable of human nature and more capable of a just judgement regarding this very complex, emotionally charged, divisive matter. The reason behind this aya’s revelation, as in al-Bukhārī (4577) and Muslim (1616), is the hadith that Jābir Ibn ʿAbdillāh (رضي الله عنه) narrated: “The widow of Saʿd Ibn al-Rabīʿ came to the Prophet (ﷺ) accompanied by their two daughters. She said: “Messenger of Allah, these are the two daughters of Saʿd Ibn al-Rabīʿ, their father met his death as martyr with you in the Battle of Uḥud. Their uncle took their money, leaving nothing for them. Being destitute, they will not find husbands!” He ˹the Prophet (ﷺ)˺ said: “Allah shall judge their case!” Then the Aya of Inheritance (āyat al-Mīrāth) came down. At this, the Prophet (ﷺ) sent for their uncle to come to him. ˹When he came˺ He ˹the Prophet (ﷺ)˺ said to him: “Give the daughters of Saʿd two thirds and another eighth to their mother, then what is left is yours””.
[798] That is in a scenario whereby the offspring of the deceased are only females and more than two. If there are two daughters they are to be given two thirds because the Prophet (ﷺ) gave the two daughters of Saʿd Ibn al-Rabīʿ two thirds, (al-Saʿdī points to this).
[799] The remainder is for the father. (al-Ṭabarī, Ibn Kathīr, al-Saʿdī, al-Shinqīṭī)
[800] The bequeathed amount should, in all cases, not exceed a third of the inheritance, (cf. al-Ṭabarī, Ibn Kathīr, al-Saʿdī). Saʿd Ibn Abī Waqqāṣ (رضي الله عنه) said: “I was taken seriously ill and the Prophet (ﷺ) came to visit me, and I said to him: “Prophet of Allah, I am going to leave behind me ˹considerable˺ wealth, and only one daughter; shall I give out two thirds of it and leave a third ˹for her˺?” He replied: “No”. Then I said: “Then may I give out a half and leave her the other?” He said: “No”. Then I said: “Then may I will a third and leave the other two thirds for her?” He said: “A third ˹you may give out˺, yet ˹even˺ one third is too much””. (al-Bukhārī: 5659; Muslim: 1628). Furthermore, a person who legally inherits does not need to be included in the will. Abū Umāmah al-Bāhilī (رضي الله عنه) said: “I heard the Prophet of Allah (ﷺ) say during the Farewell Sermon: “Allah, Almighty, gave every owner of right their right, there is no will for an inheritor””. (Cf. al-Tirmidhī: 2020; Abū Dāwūd: 2870; Ibn Mājah: 2713)
[801] Since you do not know who is going to be of a greater use to you in your life and after your death, do not favour anyone over the others and act by God’s division of inheritance, which is the more just and equitable. (al-Ṭabarī, Ibn Kathīr, al-Saʿdī)