Commentary
His saying, exalted and glorified is He: "For men is a share of what the parents and the near relatives leave, and for women is a share of what the parents and the near relatives leave, whether it be little or much, a fixed share." "And when the division is attended by relatives, orphans, and the needy, provide for them from it and speak to them words of kindness." "And let those fear [injustice] who, if they left behind them weak offspring, would be concerned for them. So let them fear Allah and speak words of appropriate justice."
Allah, exalted and glorified is He, named the father a parent because the child is from him and from the mother, as the poet said:
"Where the white crow feeds,
For the egg is from the female and the male." Qatadah, Ikrimah, and Ibn Zayd said: The reason for this verse is that among the Arabs, there were those who did not give inheritance to women, saying: "Only those who fought with the spear and battled with the sword inherit." Thus, this verse was revealed.
Ikrimah said: Its reason was the story of Umm Kahlah. Her husband, Aws ibn Suwayd, died and left her a daughter. Her uncle went to ensure that she would not inherit. She went to the Prophet, blessings and peace be upon him, and the uncle said: "O Messenger of Allah, she does not fight, nor does she carry burdens, and she does not earn, and her name is Thalabah as mentioned."
And "a fixed share" is in the accusative case, as Makkī said. It is a noun in the accusative case just as the infinitive is in the position of the accusative. Its estimation is: as a duty. Therefore, its being in the accusative is permissible, just as you say: "You have upon me such and such a right, which is obligatory." Were it not for the meaning of the infinitive, which is permissible in the noun that is not an infinitive, this accusative would not be correct, and its rightful position would be the nominative.
And His saying: "And when the division is attended..." The interpreters have differed regarding whom this verse was addressed to, with two opinions: One of them is that it is addressed to the heirs, and the meaning is: When your division of the wealth of your deceased is present, provide for these three categories from it. Then the proponents of this opinion differed. Sa'id ibn al-Musayyib, Abu Malik, al-Dahhak, and Ibn Abbas, as narrated by al-Mahdawi, said: This was abrogated by the verse of inheritance. This was a division before the inheritance, and then Allah granted every rightful person their right, and the bequest was made for those who grieve and do not inherit. Ibn Abbas, al-Sha'bi, Mujahid, and Ibn Jubayr said: This is definitive and has not been abrogated. Ibn Jubayr said: And indeed, people have neglected this verse. Al-Hasan said: But people have been stingy, and a group of the Tabi'in adhered to this: 'Urwah ibn al-Zubayr and others, and Abu Musa al-Ash'ari commanded it.
And the speakers differed regarding its rulings. A group said: This is in the context of obligation and duty that the heirs should give to these categories what is trivial and what their souls find pleasing; such as [ma'oon] and worn-out clothing, and what is light like a small box, and what cannot be divided. Ibn Jubayr and Al-Hasan said: This is in the context of recommendation, so whoever leaves it, there is no blame upon him. There was a disagreement regarding this saying if the heir is a minor who cannot manage his wealth. Sa'id ibn Jubayr and others said: This is only in the context of kindness, which is said by the guardian of the heir without any enforceable gift. A group said: Rather, the guardian of the minor heir should give from his restricted wealth according to what he sees.
And the second saying - regarding whom it was addressed - is that the address is to those who are on the verge of death who divide their wealth by will. The meaning is: If death approaches you, O believers, and you divide your wealth by will, and those who do not inherit from kin and orphans are present, then provide for them from it. Ibn Abbas, Sa'id ibn Al-Musayyib, and Ibn Zayd said: They used to say to the executor: So-and-so divides his wealth, and the meaning of "present" is "witnessed." However, the description of weakness, orphanhood, and poverty necessitates that this is the reason for provision. Wherever they are found, they are provided for even if they do not witness the division. "Those" is a collective noun that has no singular form in its wording, and it can only be added to the ambiguity in it. Perhaps one of them is from a different wording of "one who has."
And orphanhood is isolation, and an orphan is a single one. Likewise, one who has lost his father is called an orphan due to his isolation. Al-‘Ubaydah and Muhammad ibn Sirin saw that the provision in this verse is that food should be made for them to eat. They did that: they slaughtered a sheep from the inheritance.
And the pronoun in His saying: "Then provide for them" and in His saying: "for them" refers back to the three categories. Other than that, the differentiation of the return of the two pronouns - as Al-Tabari went to - is arbitrary; and the well-known saying is: Everything that is comforted by it, whether it is a supplication or a promise or otherwise.
And His saying: "And let him fear" is made imperative by the letter of command, and it is not permissible to omit this letter according to Sibawayh in analogy to the letters of preposition except in the necessity of poetry. Among them is the saying of the poet:
Muhammad, redeem your soul, every soul ∗∗∗ if you fear something that is overwhelming.
And Abu Haywah, 'Isa ibn 'Umar, Al-Hasan, and Al-Zuhri read with the breaking of the letters of command in this verse.
And the discussion regarding the wording of "descendants" in [Surah Al-Imran] has preceded. The object of "fears" is omitted due to the indication of the speech upon it, and its omission is good from where the fear of Allah, the Exalted, is estimated, and the fear of the consequence in this world. So every interpreter looks according to what is most important in himself.
Abu Abdur-Rahman, Abu Haywah, Az-Zuhri, Ibn Muhaysin, and Aisha read "du'afa'" with elongation (p-477) and the letter 'dad' pronounced with a dammah. It was narrated from Ibn Muhaysin: "du'ufan" with a dammah on the 'dad' and 'ain' and a tanween on the 'fa'. Hamzah inclined towards "di'afan" and inclined "khafawu". The reason for the inclination of "khafawu" is the kasrah that is in the past tense in your saying: "khiftu", to indicate it. "Khafawu" is the response to "law"; its estimation is: if they had left, they would have feared. It is permissible to omit the 'lam' in the response to "law"; you say: if Zayd had stood, Amr would have stood, and if Zayd stood, Amr stood.
There is a difference of opinion regarding who is meant by this verse. Ibn Abbas, Qatadah, As-Suddi, Ibn Jubayr, Ad-Dahhak, and Mujahid said: The intended meaning is the one who is present at a dying person when he is making a will and says to him: "Provide for yourself and give to so-and-so and so-and-so," and he harms the heirs by that. It is as if the verse is saying to them: Just as you feared for your heirs and your descendants after you, so fear for the heirs of others and their descendants, and do not burden them with squandering his wealth and leaving them in need. And Miqsam and Hadrami said: It was revealed in the opposite context, which is that he says to the dying person: "Hold on to your heirs, and keep for your children," and he forbids him from making a will, thus harming the relatives and everyone who deserves to be willed for. It was said to them: Just as you feared for your descendants and were pleased that they be treated well, so also direct your words towards the poor and orphans, and fear Allah regarding their harm.
The judge Abu Muhammad, may Allah have mercy on him, said: These two sayings do not apply to everyone; rather, people are of two types: one type is suitable for one saying, and the other type is suitable for the second saying. This is because if a man leaves heirs who are independent and wealthy, it is good for him to be encouraged to make a will and to be urged to provide for himself. And if he leaves weak and needy heirs, it is good for him to be encouraged to leave for them and to be cautious, for his reward in intending that is like his reward for the poor. The consideration is the weakness, so it is necessary to incline towards it.
Ibn Abbas also said: The intended meaning of the verse is the guardians of orphans. The meaning is: Be good to them, and direct your words to them, and fear Allah in consuming their wealth, just as you fear for your descendants that something contrary to that be done to them.
A group said: Rather, the intended meaning is all people. The meaning is: He commanded them to fear Allah regarding orphans and the children of people even if they are not in their care, and to direct their words to them just as everyone wants to have their children treated well after them.
And from this is what Al-Shaybani narrated. He said: We were in Constantinople in the army of Muslima ibn Abd al-Malik. One day we sat with a group of people of knowledge among them was Al-Daylami. They discussed what would happen of the horrors of the Last Days. I said to him: O Abu Busr, I wish I had no children. He said to me: What is upon you? There is no soul whose coming into existence Allah has decreed from a man except that it will come out, whether he likes it or dislikes it. But if you want to ensure their safety, then fear Allah regarding others. Then he recited this verse. And Al-Sadid means: the one who is correct in truth, and from it is the saying of the poet: I teach him archery every day, so when his arm became strong, he shot me. Its meaning is, when it aligned with the targets he aimed at.
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