Al-Nisa (The Women): (7) For men is a share of what...

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Know that this is the fourth type of ruling mentioned in this Sura, which pertains to inheritance and fixed shares (Fara'id). There are several issues in this verse:

Ibn Abbas narrated that Aws ibn Thabit al-Ansari died leaving behind three daughters and a wife. Two men from his paternal cousins, named Suwayd and 'Arfajah, came and took his wealth, claiming to be his executors (wasiyyayn). The wife of Aws came to the Messenger of Allah (peace and blessings be upon him) and narrated the story, stating that the two executors had given her nothing, nor had they given anything to the daughters. The Prophet (PBUH) told her, "Return to your home until I see what Allah decrees concerning your affair."

This verse was then revealed to the Prophet (PBUH), indicating that men have a share and women have a share. However, Allah did not specify the amount in this verse. The Messenger of Allah (PBUH) sent word to the two executors, saying, "Do not approach any of Aws's wealth." Then, the verse {Allah instructs you concerning your children...} (Surah Maryam: 11) was revealed, along with the fixed shares for the husband and the wife. The Prophet (PBUH) then commanded the executors to give the wife one-eighth (al-thumn) and retain the daughters' share. Afterward, the Prophet (PBUH) sent word to them again to give the daughters' share to them, and they did so. This is the discussion regarding the occasion of revelation.

In the pre-Islamic era (Jahiliyyah), women and children were not given inheritance. They used to say that only those who could thrust spears, defend the territory, and seize spoils of war inherit. Allah the Exalted clarified that inheritance is not exclusive to men; rather, it is a shared matter between men and women. He mentioned this general principle in this verse and then provided the details afterward.

It is not impossible that Allah would transition people from a custom—such as inheriting only to the adults and not to the young or women—gradually. This is because abandoning a custom is difficult and heavy on the nature. If it happens suddenly, it causes great shock to the heart, but if it happens gradually, it becomes easy. For this reason, Allah first mentioned this summary and then followed it with the detailed explanation.

Abu Bakr al-Razi argued based on this verse for the inheritance of Dhawi al-Arham (relatives other than the primary heirs). He argued: Because paternal aunts, maternal aunts, maternal uncles, and the children of daughters are among the close relatives (al-Aqrabin), they must be included under His statement: {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}. The most that can be said is that the amount of that share is not mentioned in this verse, but we establish their entitlement to the basic share through this verse, and we derive the amount from other evidence.

Our companions (the scholars of the majority) responded to him in two ways:

1. Allah said at the end of the verse: {a prescribed share} (naseeban mafrudan), meaning a determined, fixed share. By consensus (Ijma'), Dhawi al-Arham do not have a determined share. Therefore, it is established that they are not included in this verse.
2. This verse is specific to the Aqrabin (the nearest relatives). On what basis do you claim that Dhawi al-Arham are among the Aqrabin?

To clarify the second point: Either the meaning of al-Aqrabin is those who are nearer than something else, or it means those who are nearest of all things. The first interpretation is false because it would necessitate the inclusion of most people, as every human has a kinship with others, either closely or distantly (tracing back to Adam, peace be upon him). If one traces back to Adam, one might argue that Adam is nearer to himself than his children, which would imply all creation is included in this text—which is false. Since this possibility is refuted, the text must be interpreted according to the second possibility: that al-Aqrabin means those who are the nearest people to the deceased. This can only be the parents and the children. Thus, it is established that this text does not include Dhawi al-Arham.

One might object: If we interpret al-Aqrabin as parents, it leads to repetition (since parents were already mentioned). We reply: Al-Aqrabin is a general category (jins) under which two types (naw') fall: the parent and the child. Therefore, Allah mentioned the parent, and then mentioned the Aqrabin (the general category), meaning He mentioned the category and then the genus, so no repetition occurs.

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There are several interpretations for the accusative case of the word naseeban (share):

1. It is in the accusative case due to specification (ikhtisas), meaning: "I mean a prescribed, cut-off, obligatory share."
2. It can be accusative as an infinitive (masdar), because naseeb (share) is a noun with the meaning of an infinitive, as if it were saying: "an obligatory division" (qisman wajib), similar to His statement {a decree from Allah} (At-Tawbah: 60; An-Nisa: 11), meaning an obligatory division (qismatan mafrudah).

The root meaning of fardh (prescribed/fixed) is cutting or severing (hazz). This is why the notch in the bow (qaws) is called a farḍ, and the mark on the lots (qidah) is also called a farḍ—it is a mark distinguishing them from others. The farḍah is the mark on the water divider, by which every right-holder knows their share of drinking. This is the linguistic origin of fardh.

Then, the companions of Abu Hanifa specialized the term fardh for what is known to be obligatory by conclusive proof (dalil qati'), and they termed what is known to be obligatory by presumptive proof (dalil maznun) as wujub (obligation). They argued: Fardh refers to cutting and severing. As for wujub, it refers to falling down. One says wajabat al-shams (the sun set/fell) and wajaba al-ha'it (the wall collapsed). We heard a wajbah, meaning a fall. Allah says {And when their flanks have fallen down} (fa-idha wajabat junubuha) (Al-Hajj: 36), meaning they fell. Thus, fardh refers to cutting/severing, and wujub refers to falling. There is no doubt that the effect of cutting/severing is stronger and more complete than the effect of falling. For this reason, the companions of Abu Hanifa specialized the term fardh for what is known to be obligatory by conclusive proof, and the term wujub for what is known to be obligatory by presumptive proof.

Once this is understood, we say: What they established necessitates that the verse does not cover Dhawi al-Arham, because the inheritance of Dhawi al-Arham is not among what is known by conclusive proof, by the consensus of the Ummah. Therefore, their inheritance is not a fardh (fixed prescription), and the verse only addresses the prescribed inheritance. Thus, it is definitively established that this verse does not cover Dhawi al-Arham. And Allah knows best.

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