joshim

๏ O al-nās! Take guard of your lord, the one who created you from a single self and created from it its like [zawjahā], and dispersed from both of them many rijāl, and nisā. And take guard of God with whom you ask, and the wombs. Indeed God is over you watchful. ๏ — al-nisāa/1.

The opening verse of chapter 4 reminds people that the unified consciousness [nafs] of al-nās has a like [zawj], from which God dispersed people of differing abilities and qualities (i.e. rijāl and nisāa). Several times the Quran mentions al-nās becoming divided, such as in al-baqarah/8, which speaks of those who have become apart from al-nās in faith. Differences among people are thus by design, but this need not result in disunity. The means to attaining harmony between people of different conditions and stations is one of the central themes of chapter 4.

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Verse 11 mentions al-dhakar and al-unthayayn, which are usually read as ‘the male’ and ‘the two females’ respectively. Lane’s lexicon suggests the word dhakar was “probably originally signifying “mentioned,” or “talked of.”” Other entries besides ‘male’ include, “The signification of “strong, courageous, and stubborn,”” and when used to describe iron, denotes “Of the toughest and best quality, and strongest.” (vol. 3, p. 969–970)

Conversely, when untha is used to describe iron, it means “It was, or became, soft.” It can also be used to describe a man who “acted gently in his affair.” (vol. 1, p. 112)

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Verses 11–12 of al-nisāa are traditionally read as instructions for dividing up the estate of a deceased person for purpose of inheritance. But unlike al-māidah/106 where the approach of al-mawt is explicit, the opening passage of al-nisāa doesn’t mention death. Also, there are no commands in verses 11–12; no phrases like “give x” or “take y”. This is noticeable because several command verbs are seen prior to this: verse 1 says ittaqū rabbakum, 2 says ātū l-yatāmā, 3 says inkiḥū mā ṭāba, and so on.

al-nisāa/6–10:

๏ And test the orphans until they reach the agreement. And if you perceive in them uprightness, then defend for them their wealth. And do not consume it in transgression and haste, for they will magnify. And whoever is free of need, then he should refrain, and whoever is poor, then let him consume in a fair manner. So when you defend for them their wealth, bear witness upon them. And sufficient is God as a reckoner. ๏ For the rijāl is a portion of what is left by the parents and the relatives, and for the nisāa is a portion of what is left by the parents and the near relatives. Of what is little from it or much – a portion ordained. ๏ And when is presented the assignment of the relatives and the orphans and the poor, then provide them of it, and speak to them kind words. ๏ And let him fear as those who, if they left behind in succession weak offspring, would fear for them. So let them take guard of God, and let them speak words conclusively. ๏ Indeed, those who consume wealth of the orphans wrongfully, only they consume in their insides fire. And they will be burned in a blaze. ๏

Before this, verse 5 makes a distinction between amwāl and riz’q. Wealth is described as qiyām, an established thing, or means of support, whilst from it the believers are commanded to give riz’q. The above verse goes on to say this should be done suitably, on the basis that those with less need should refrain and those of greater need should consume.

The next verse shifts focus. While riz’q is addressed in a generalised way, and left to the discretion of the community, the defence and protection of amwāl is presented in different terms:

al-nisāa/11:

๏ God makes you concerning your children [awlād] in the male [al-dhakar] a likeness to the good fortune [ḥaẓẓ] of the two females [al-unthayayn]. So if (they) became those left behind [nisāa], (the) greater of them – on them is two thirds what he relinquished. And if she is solitary, then to her is the half. And for his two forefathers [al-abawayhi], to each of them, both, is the sixth in what he relinquished, if there is for him child [walad]. But if there is not for him child, and inherited him his fathers [abawāhu], then to his mother [fali-ummihi] is the third. But if there are for him brothers, then to his mother is the sixth from after an ordinance he made with her, or an acknowledgement. Your fathers and your sons [abnāukum] – you do not know which of them is nearer for you (in) benefit. An obligation from God. Indeed, God is knowing, wise. ๏

As the verse progresses, the proportions get smaller. It is possible the language is rhetorical: like how “marriage is half the dīn,” or “assurance is two thirds of success” are not quantitative in the literal sense. The fractions employed appear symbolic, which would make this verse similar to verses like al-muzzammil/20, where the night is described by the mention of thirds and halves:

๏ Indeed, your lord knows that you establish nearness from the night’s thuluthayi and its niṣ’f, and its thuluth, and a group from those with you. And God measures the night and the day, He has known that you do not enumerate it, so He turned to you. […] ๏

Some of us establish nearness in different portions of the night – this isn’t an instruction to divide up the night into fractions, it is God who measures the night and day. Similarly, when amwāl must change hands, it is not for us to divide it up, rather the Quran assigns weight onto those who are obliged to step forward. Because “your fathers and your sons – you do not know which of them is nearer for you in benefit.”

al-nisāa continues this theme through verses 12–14:

๏ And for you (plural) is half what your kind have relinquished, if not there is for them child. But if there is for them child, then with you (plural) is the fourth about what they gave up, from after an ordinance they made with her, or an acknowledgement. And with them is the fourth of what you relinquished, if there is not for you a child. But if there was for you a child, then with them is the eighth of what you relinquished from after an ordinance you made thereof, or an acknowledgement. And if there is a rajul to be inherited by a kalālat, or an im’ra-at, and for him is a brother or a sister, then with each solitary of the two is the sixth. But if there are greater than that, then they are partners concerning the third, from after an ordinance made thereof, or an acknowledgement without harming. By obligation from God, and God is knowing, forbearing. ๏ These are limits of Gods, and whoever obeys God and His messenger, He admits him to shaded gardens – flows from beneath them the rivers – abiding therein. And that is the great success. ๏ And whoever disobeys God and His messenger and transgresses His limits, He will admit him to fire, to abide therein. And for him is a punishment humiliating. ๏

Verse 12 contrasts you (plural), with your complements or associates. Again, like al-dhakar and al-unthayayn of the verse prior, the distinction between al-nās and their azwāj is not one of sex, but ability, which calls back to the opening verse of the chapter.

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Tagged: #inheritance #tradition #ch004

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