What is the meaning of 'widows' (Arāmil) in a bequest?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The term 'Arāmil' (widows) in a bequest refers exclusively to women whose husbands have separated from them due to death or other reasons. The recognized meaning in common speech dictates that this term applies only to females. This is supported by the fact that 'Arāmil' is the plural of 'Arimalah' (widow, feminine), and when a term has distinct forms for masculine and feminine in the singular, the plural should also maintain that distinction. Furthermore, any poetic evidence suggesting inclusion of males is self-contradictory, as the pronoun used in that supporting poetry referred to females ('hājatahum' should have been used if it applied to both genders, but 'hājatuha' was used implicitly). The usage of the term when applied exclusively to females in common usage overrides any potential linguistic ambiguity.

Supporting text

A minority view, held by some scholars including Al-Sha'bi and Ishaq, maintains that the term includes both men and women who are widowed. Imam Ahmad, in one narration by Harb, noted the difference of opinion regarding a bequest made to the 'widows of the family of so-and-so,' stating some held it applied to both men and women.