Commentary
It is narrated that the last of the rulings that were revealed is His saying: (They ask you ...). The Messenger of Allah, blessings and peace be upon him, was on the way to Mecca during the Farewell Pilgrimage when Jabir bin Abdullah came to him and said: I have a sister, so how much should I take from her inheritance if she dies? It was narrated by Al-Thalabi from the narration of Al-Kalbi from Abu Salih from Ibn Abbas. It is said that he was sick and the Messenger of Allah, blessings and peace be upon him, visited him and he said: I am a Kallalah, so what should I do with my wealth? This is agreed upon from the narration of Ibn Al-Mundhir about him. It was narrated by the compilers of the Sunan, but none of their narrations mentioned that (If a man dies) was revealed except in the narration of Muslim, from Ibn Uyaynah about him with the wording that (They ask you) - the verse. (Benefit) Al-Nasa'i narrated from the route of Yazid Al-Nahwi from Ikrimah from Ibn Abbas who said: The last verse revealed to the Messenger of Allah, blessings and peace be upon him, is (And fear a Day when you will be returned to Allah) - the verse. In Al-Bukhari, from the narration of Al-Sha'bi from Ibn Abbas, it is mentioned: The last verse revealed is the verse of adultery. Al-Tabari narrated from the route of Yusuf bin Mahran from Ibn Abbas from Ubayy bin Ka'b who said: The last verse revealed to the Prophet, blessings and peace be upon him, is (Indeed, there has come to you a Messenger from among yourselves) - the verse. Thus, (If a man dies) is raised with an implied meaning that is explained by the apparent meaning. The position of (he has no child) is raised as a description, not as an accusative case. That is: If a man dies who has no children. The term 'child' refers to a son, which is a common name that can be applied to both male and female because a son excludes a sister, while a daughter does not exclude her except in the opinion of Ibn Abbas, and it refers to the sister who is from both parents and not the one from the mother only, because Allah, glorified and exalted is He, has prescribed for her half and made her brother a relative and said: (And for the male is the equivalent of the share of two females). As for the sister from the mother, she has one-sixth in the verse of inheritance, being equal to her brother, and he inherits her, and her brother inherits her if the situation is reversed, that is, her death and his survival after her if she has no child, meaning a son, because a son excludes a brother but not a daughter. If you say: A son does not exclude a brother alone, for the father is similar in exclusion, why then is it limited to negating the child? I say:
Between the ruling of the absence of a child, and the ruling of the absence of a parent is referred to the explanation of the Sunnah. This is his saying, blessings and peace be upon him: "Assign the shares to their people, and what remains is for the nearest male relative." [Agreed upon, from the hadith of Ibn Abbas with the wording: "and for the nearest male relative." It was also narrated by Al-Tirmidhi, Al-Hakim, Abu Ya'la, and Al-Bazzar. (Benefit) Ibn Al-Jawzi said: The wording "relative" is not preserved in this hadith.] The father is more entitled than the brother, and they are not the first two rulings, one of which is established by the Book and the other by the Sunnah. It is permissible that the ruling of the absence of a child indicates the ruling of the absence of a parent, because the child is closer to the deceased than the parent. If the brother inherits in the absence of the closer relative, it is more appropriate that he inherits in the absence of the more distant relative. This is because the kinsman includes the absence of both the parent and the child, so mentioning the absence of one indicates the absence of the other. If you say: To whom does the pronoun of duality and plurality refer? [Maqmood said: "If you say to whom does the pronoun of duality and plurality refer... etc.?" Ahmad said: This example has previously been mentioned in such a context. If it were likened to the saying of someone: A horse was your mount, it would be safer, as in the wording of "from" there is ambiguity that allows it to apply to different categories of masculine, feminine, dual, and plural. And the verse is similar to the saying of Allah, the Most High: (They think every cry is against them; they are the enemy) for those who made the sentence a second object of the assumption. The original speech is: It is the enemy, as the pronoun in this parsing refers to the cry, but it was mentioned and made plural for the sake of the news, and Allah knows best.] In his saying: "If there are two," and "if they are brothers?" I said: Its origin is: If there are those who inherit through brotherhood, two, and if there are those who inherit through brotherhood, males and females. It was said: If there are two, and if they are, just as it was said: Who is your mother? Just as you are the pronoun of "who" due to the femininity of the news, likewise the pronoun of those who inherit in "if there are two" and "if they are" is dual and plural due to the duality and plurality of the news, and the intended meaning by brothers is the brothers, not the sisters, giving precedence to the ruling of masculinity. "Lest you go astray" is an object of purpose. Its meaning is: The dislike that you go astray. From the Prophet, blessings and peace be upon him: "Whoever recites Surah An-Nisa, it is as if he has given charity to every believing man and woman who inherited an inheritance, and he is given the reward of one who has purchased a freed slave, and he is free from polytheism and is in the will of Allah among those whom He forgives." [The discussion on its chains of narration has preceded at the end of Surah Al-Imran.]
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