Tafsir for verse: 4:12
۞ وَلَكُمۡ نِصۡفُ مَا تَرَكَ أَزۡوَٰجُكُمۡ إِن لَّمۡ يَكُن لَّهُنَّ وَلَدٞۚ فَإِن كَانَ لَهُنَّ وَلَدٞ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكۡنَۚ مِنۢ بَعۡدِ وَصِيَّةٖ يُوصِينَ بِهَآ أَوۡ دَيۡنٖۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكۡتُمۡ إِن لَّمۡ يَكُن لَّكُمۡ وَلَدٞۚ فَإِن كَانَ لَكُمۡ وَلَدٞ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكۡتُمۚ مِّنۢ بَعۡدِ وَصِيَّةٖ تُوصُونَ بِهَآ أَوۡ دَيۡنٖۗ وَإِن كَانَ رَجُلٞ يُورَثُ كَلَٰلَةً أَوِ ٱمۡرَأَةٞ وَلَهُۥٓ أَخٌ أَوۡ أُخۡتٞ فَلِكُلِّ وَٰحِدٖ مِّنۡهُمَا ٱلسُّدُسُۚ فَإِن كَانُوٓاْ أَكۡثَرَ مِن ذَٰلِكَ فَهُمۡ شُرَكَآءُ فِي ٱلثُّلُثِۚ مِنۢ بَعۡدِ وَصِيَّةٖ يُوصَىٰ بِهَآ أَوۡ دَيۡنٍ غَيۡرَ مُضَآرّٖۚ وَصِيَّةٗ مِّنَ ٱللَّهِۗ وَٱللَّهُ عَلِيمٌ حَلِيمٞ ١٢ ﴿12
12For you there is one-half of what your wives leave behind, in case they have no child. But, if they have a child, you get one-fourth of what they leave, after (settling) the will they might have made, or a debt. For them (the wives) there is one-fourth of what you leave behind, in case you have no child. But, if you have a child, they get one eighth of what you leave, after (settling) the will you might have made, or a debt. And if a man or a woman is Kalālah (i.e. has neither parents alive, nor children) and has a brother or a sister, then each one of them will get one-sixth. However, if they are more than that, they will be sharers in one-third, after (settling) the will that might have been made, or a debt, provided that the will must not be intended to harm anyone. This is a direction from Allah. Allah is All-Knowing, Forbearing.
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Commentary

And when the inheritance through marriage is weaker than the inheritance through kinship, he mentioned it afterwards; and he prioritized it over the inheritance through the kinship of brotherhood, to indicate the importance of it; and because it is without intermediary. He prioritized the man from it, as he is better; so he said: ﴿And for you is half of what your wives leave﴾; and he clarified the condition of this by saying: ﴿If there are no children for them﴾; meaning: from you or from others. Then he clarified the ruling regarding the other scenario; he said: ﴿But if they have children﴾; meaning: an heir, whether it is a son or a daughter; ﴿Then for you is a quarter of what they leave﴾; meaning: (p-209) each one of them left. And the husband washes her, because Allah has attributed her to him by the name of marriage; and the original is the reality; and the prohibition of her intimacy after death does not harm; and the permissibility of marrying her sister and four others, because that is due to the absence of the requirement or the prohibition, which is life; and that does not prevent the bond of marriage that permits washing - just as it did not prevent it for the sake of the waiting period if the separation was by divorce -; then he repeated the ruling of the will, emphasizing its importance; he said: ﴿After a will they should bequeath﴾; meaning: the wives or some of them; and perhaps he gathered a reference to the fact that the will is a significant matter that should be present in the mind, not neglected by anyone among the people; ﴿Or a debt﴾.

And when he clarified the inheritance of the man, he followed it with her inheritance; he said - indicating that it is half of what is for the husband - as has been mentioned regarding the children -: ﴿And for them﴾; meaning: the number they were, or not; ﴿Is a quarter of what you leave﴾; meaning: they share in it equally, if they were a number; and the individual one has it exclusively, if there is no one else. Then he clarified its condition by saying: ﴿If you have no children﴾; then he clarified the ruling of the other division by saying: ﴿But if you have children﴾; meaning: (p-210) an heir; ﴿Then for them is an eighth of what you leave﴾; as has been previously mentioned regarding the quarter; then he repeated the exclusion from the right of the inheritor, saying: ﴿After a will you should bequeath or a debt﴾.

And when he finished with the two divisions that are connected to the deceased without intermediary, he followed it with the third, which is what is connected through intermediary. And since there are two divisions - because sometimes it connects from the side of the mother only; and they are the maternal relatives; their mother is one and their fathers are different; and sometimes from the side of the father only; and they are the paternal relatives; their father is one and their mothers are different; and sometimes from the side of both parents; and they are the prominent relatives - and the kinship of brotherhood is weaker than the kinship of sonship; he confirmed it by what is necessitated by its state; so he made it in two stories; he mentioned one of them here, including it in the ruling of the obligatory will; and he concluded with the other to end the surah, as the conclusion is among the indications of importance.

And when the relationship of the mother is weaker than the relationship of the father, He presented it here as an indication of the importance of it. And that what they used to do of depriving females is a mistake and an injustice against the path of justice. So He said (the Most High): ﴿And if there is﴾; meaning: there exists; ﴿a man who is inherited﴾; meaning: one who is inherited in his state; ﴿without children﴾; meaning: in a state where he has no child; nor parent; or it could be 'inherited' from 'inherited' in the sense that the inheritance of the heir is through one who died in such a way; neither is he a child of the deceased; nor a parent; and his heir is also without children; because he is neither a parent nor a child; so the one who bequeaths is without children of his heir; and the heir is without children of his bequeather. Al-Asbahani said: 'a man without children'; and 'a woman without children'; and 'a people without children'; is not dualized; nor is it pluralized; because it is a source; like 'guidance' and 'agency'; and it means 'weakness'; which is the loss of strength due to fatigue; and the term 'without children' can also be applied to kinship from other than the lineage of the child and the parent; and from this is their saying: what was inherited of glory from without children; ﴿or﴾; there exists; ﴿a woman﴾; meaning: she is inherited likewise; and it is permissible that 'inherited' is an adjective; and 'without children' is the news of 'was'; ﴿and for him﴾; meaning: for the mentioned one; which is the inherited; in whatever state he is; and when the mention of pure femininity is equal between male and female due to its weakness, He said ﴿a brother or a sister﴾; meaning: from the mother - by consensus of the interpreters; and this is the reading of Ubayy and Sa'd ibn Malik - may Allah be pleased with them - ﴿then for each one of them is a sixth﴾; meaning: from his inheritance; without preference for the male over the female.

And when I understood that - meaning: by transforming the mentioned expression; from saying: 'then he has a sixth' - that if they are together, they have a third; and that could be understood that if his heir increases, the inheritance increases beyond the third; He negated that by saying: ﴿but if they are﴾; meaning: what he understood from 'a brother or a sister' among the heirs from them; ﴿more than that﴾; meaning: one; however they were; ﴿then they are partners﴾; meaning: equally; ﴿in the third﴾; meaning: the total from the two sixths; which has been established that they are between them; they are not to be increased beyond that; then He repeated the encouragement towards the interest of the deceased, clarifying the importance of it; so He said: ﴿after a bequest which is to be made or a debt﴾.

And when the deceased may harm his heirs; or some of them; with something that removes it from them; manifestly or secretly; as if he acknowledges his wealth to a foreigner; or with a debt that has no reality; or with a debt he had; by claiming he has settled it; He concluded the verse with a prohibition against that; by saying: ﴿without causing harm﴾; along with what has preceded of the indication to that at the beginning of the story; by saying: ﴿you do not know which of them is closer to you in benefit﴾ [An-Nisa: 11]; Al-Asbahani said: and causing harm in the bequest is from the major sins; then He confirmed that by saying - as a source - to bequeath you -: ﴿a bequest from Allah﴾; meaning: the One who has all authority; along with His confirmation with all that is in the verses; magnifying the command to adhere to the bequest from its beginning to its end; and it is less than the obligation concerning the rights of the children; because their right is more emphasized.

And when He clarified - glorified and exalted is He - the fundamentals; and resolved the dispute; and that was contrary to their accustomed ways; (p-213) and the weaning from the familiar in the peak is of difficulty; the situation necessitated admonition by encouragement; and intimidation; so He concluded the story with His saying: ﴿And Allah﴾; meaning: the Gatherer of the attributes of perfection; of majesty; and beauty; and to indicate the greatness of the command, He repeated this greatest name throughout the entire story; then He said: ﴿Knowing﴾; meaning: nothing is hidden from Him regarding the matter of whoever opposed; by saying or action; intention or otherwise; ﴿Forbearing﴾; so it is His nature not to hasten with punishment; so do not be deceived by His delay; for when He takes after a long patience, He does not let go; so beware of the anger of the forbearing; and in the two descriptions, along with the threat, there is an attraction for repentance.

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