An-Nisa (4): (8) And when the division is present...

There are several issues concerning this verse:

Issue 1: The Meaning of "The Division" (القسمة)

The verse does not specify which division it refers to, leading to differing interpretations among exegetes:

First Opinion: This refers to the division of inheritance. Since the preceding verse established that women have a share in inheritance just like men, it is understood that relatives who are not heirs might feel deprived if they attend the division and receive nothing. Therefore, God commanded giving them something during the division to foster beautiful manners and good relations.

Those holding this view differ on the ruling:

1. Obligation (Wujūb):
   • Some say the heir (if adult) must give a portion of the wealth to those present to satisfy them. If the heir is a minor, the guardian must give it.
   • Others say if the heir is an adult, they must give. If the heir is a minor, the guardian must apologize, saying, "I do not possess this wealth; it belongs to these weak ones who do not comprehend their rights. When they grow up, they will know your right." This is considered the well-known view.
2. Scope: Al-Hasan and An-Nakha'i held that this gift (رضخ - radkh) is specific to the division of movable assets. If the division concerns land, slaves, or similar items, one should simply offer them a kind word, such as, "May God bless you, please return."
3. Amount: They agree that the amount required for this gift is small, and there is no fixed measure agreed upon by consensus.
4. Abrogation (Naskh): Some argued that if this ruling were obligatory, the verse would be abrogated.
   • Ibn Abbas (in the narration of 'Ata') held that this verse is abrogated by the verse on inheritance shares. Sa'id ibn al-Musayyib and Ad-Dahhak held this view.
   • In the narration of 'Ikrimah, the verse is considered established (muhkam) and not abrogated. This is the view of Abu Musa al-Ash'ari, Ibrahim An-Nakha'i, Ash-Sha'bi, Az-Zuhri, Mujahid, Al-Hasan, and Sa'id ibn Jubayr. These scholars used to give something to whomever attended the distribution of the estate. It is narrated that 'Abdullah ibn 'Abd al-Rahman ibn Abi Bakr As-Siddiq distributed his father's inheritance while 'A'ishah was alive, and he gave something to everyone present in the house, citing this verse.

Alternative within Obligation: Some maintain that if the ruling is obligatory, it applies only when the heirs are adults. If they are minors, only the kind word (apology) is required.

Recommendation (Nadb/Istihbāb): Many scholars hold that this giving is recommended (mustahabb), not obligatory. This recommendation applies only if the heirs are adults; if they are minors, only the kind word is required. This latter view is followed by the jurists of the major cities.

Evidence for Recommendation (Non-Obligation): They argue that if these recipients had a specific, fixed right, God would have clarified its measure, as He did with other rights. Since He did not specify it, we know it is not obligatory. Furthermore, if it were obligatory, the intense desire of the poor and needy to have it quantified would have led to its transmission through continuous narration (tawātur), which did not happen.

Second Opinion: The division (al-qisma) refers to the bequest (Wasiyyah). When non-inheriting relatives, orphans, and the needy are present at the time of executing the will, God commands that they be given a share from that bequest, and one should speak kindly to them at that time, bringing them joy immediately and in the future.

• Critique: The first opinion is stronger because inheritance was mentioned previously in the context, whereas the bequest was not. (However, another view suggests this second opinion might be stronger because the verse preceding the bequest verse is related to the bequest.)

Third Opinion: The phrase "And when the division is present, the near of kin" (wa idhā ḥaḍara al-qismata ūlū al-qurbā) means:

• The near of kin (ūlū al-qurbā) refers to those who are heirs.
• The orphans and the needy (al-yatāmā wa al-masākīn) refer to those who are not heirs.

Then, regarding the command: "So give them thereof and speak to them a kind word" (farzuqūhum minhu wa qūlū lahum qawlan ma'rūfan):

• "So give them thereof" refers to the heirs (the near of kin).
• "And speak to them a kind word" refers to the non-heirs (the orphans and the needy). This interpretation is attributed to Sa'id ibn Jubayr.

Issue 2: The Referent of the Pronoun in "Give Them Thereof"

Al-Kashshāf states that the pronoun in "So give them thereof" (farzuqūhum minhu) refers back to what the parents and relatives left behind (the estate).

Al-Wāḥidī states the pronoun refers to the inheritance. In this case, the pronoun refers to the meaning of the division (the distributed assets), not the word division itself. This is analogous to the verse: "Then he extracted it from his brother's container" (Qur'an 12:76). The container (ṣi'ā') is masculine, yet it is referred to with a feminine pronoun because the intent was the water-cooler (mišraba), which is feminine. Similarly, the provision is taken from the distributed assets (the meaning), not the act of division (the word).

Issue 3: The Order of Mentioning Orphans and the Needy

Orphans are mentioned before the needy because the weakness and need of orphans are generally greater, making the distribution of charity to them superior and more rewarding in terms of merit.

Issue 4: The Meaning of "A Kind Word" (Qawlan Ma'rūfan)

The most likely meaning of the "kind word" is:

1. Not following the gift with reproach or verbal abuse.
2. Or, it means promising an increase or offering an apology to those who were not given anything.

Verse 9: