Tafsir Ibn Abbas: An-Nisaa, Ayah 12
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Other Scholars on This Ayah
Tafsir
And for you a half of what your wives leave if they have no children from you or from another; but if they have children then for you a fourth of what they leave after any bequest they may bequeath or any debt the consensus is that the grandchild in this case is like the child. And for them the wives whether one or more a fourth of what you leave if you have no children; but if you have children from them or from others then for them an eighth of what you leave after any bequest you may bequeath or any debt; again the consensus is that the grandchild is as the child. If it be a man leaving an inheritance yūrathu ‘being inherited from’ is an adjectival qualification the predicate of which is the following kalālatan ‘without direct heir’ and not having a direct heir that is having neither a parent nor child or it be a woman leaving an inheritance and having no direct heir but it be that such a man leaving an inheritance with no direct heir has a brother or a sister from the same mother as read by Ibn Mas‘ūd and others then to each of the two a sixth of what he leaves; but if they the siblings from the same mother be more than that that is more than one then they share a third the male and female equally after any bequest to be bequeathed or any debt without prejudice ghayra mudārrin is a circumstantial qualifier referring to the person governing the verb yūsā ‘to be bequeathed’ in other words without causing any prejudice to the inheritors by bequeathing more than the third; a charge wasiyyatan a verbal noun reaffirming the import of yūsīkum ‘He charges you’ of the beginning of the previous verse from God. God is Knowing of the obligations which He has ordained for His creatures Forbearing in deferring the punishment of those that disobey Him. The Sunna specifies that the individuals mentioned may receive the relevant inheritance provided that they are not barred from it on account of their having committed murder or their belonging to a different religion or being slaves.
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Ibn Abbas Commentary
(And unto you belongeth a half of that which your wives leave) of property, (if they have no child) male or female, from you or from other than you; (but if they have a child then unto you the fourth of that which they leave) of property, (after any legacy they may have bequeathed, or debt) after paying back any debt that they may have contracted and extracting any bequest she may have bequeathed. (And unto them belongeth the fourth of that which ye leave) of property (if ye have no child) male or female from them or from other than them, (but if ye have a child) male or female, from them or from other than them (then the eighth of that which ye leave) of property, (after any legacy ye may have bequeathed, or debt (ye may have contracted, hath been paid)) after paying back any debt you may have contracted and extracting any bequest you may have bequeathed to someone. (And if a man) who does not have parents, children or kinsfolk related to his parents or children (or a woman) who is in the same situation (have a distant heir (having left neither parent nor child)) brothers or sisters from the mother side. It is also said that this refers to any kin other than parents and children, (and he (or she)) the deceased (have a brother or a sister) only on the mother's side (then to each of them twain (the brother and the sister) the sixth, and if they be more than two, then they shall be sharers in the third) the male and the female having equal share, (after any legacy that may have been bequeathed or debt (contracted)) after paying back any debt that the deceased may have contracted and after extracting any bequest that he may have bequeathed provided it does not exceed a third of the inheritance (not injuring) the heirs by willing away more than a third of the inheritance (hath been paid. A commandment from Allah) it is an obligation upon you from Allah that you must divide inheritance. (Allah is Knower) regarding the division of inheritance, (Indulgent) in relation to that which happens between you of ignorance and deception regarding the division of inheritance, despite of which He does not hasten His punishment upon you.