Sūrat al-Nisāʾ, Verse 9
﴿وَلۡيَخۡشَ ٱلَّذِينَ لَوۡ تَرَكُواْ مِنۡ خَلۡفِهِمۡ ذُرِّيَّةٗ ضِعَٰفًا خَافُواْ عَلَيۡهِمۡ فَلۡيَتَّقُواْ ٱللَّهَ وَلۡيَقُولُواْ قَوۡلٗا سَدِيدًا ٩﴾“And let them fear [injustice] as if they [themselves] had left weak offspring behind and feared for them. So let them fear Allah and speak words of appropriate justice.” (4:9)
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→Simple Explanation
1. Summary
If you died while your children were still young, how would you want others to treat them? Allah tells those responsible for other people’s children to show that same care. Fear Him, protect their rights, and speak honestly and justly.[1]
This applies to the guardian caring for orphaned children[2] and to anyone advising a dying parent about what to leave behind.[3] Do not let a child’s weakness become an opportunity to take advantage of him. Nor should advice about giving wealth away overlook the children who will need it. Treat them as you would want your own children treated.
2. Historical Context
The early explanations apply the verse to a dying man making his bequest. Al-Qurṭubī relates the two bedside interpretations to the period when bequests were obligatory, before the inheritance verses fixed the heirs' shares, reporting this from Saʿīd b. Jubayr and Ibn al-Musayyib.[1] These explanations describe the verse's setting; no particular incident is identified as its occasion of revelation.
In the account reported from Ibn ʿAbbās رضي الله عنهما, those present keep urging the dying man to give: charity and spending in Allah's way. The advice disregards what his children will need after his death. The prohibition addresses the people pressing him to do this.[2] Saʿīd b. Jubayr gives their words: fear Allah, maintain your family ties, give to your relatives.[3] The words sound right. What makes the advice wrong is that it urges generosity without regard for the children who will depend on what remains. Al-Suddī names the excess as telling him to bequeath all his wealth;[4] al-Ḍaḥḥāk describes urging him to free slaves from it.[5]
The urging could also go in the opposite direction. Miqsam describes visitors telling the dying man to keep everything for his children, leaving nothing by bequest to relatives outside the heirs.[6] Mujāhid's account places the urging at the division of the wealth: those present tell the person dividing it that he has given too little and should add to someone's portion.[7] The circumstances differ, but in each the adviser must consider whose rights and needs his words will affect.
The verse itself states no fraction. The commentators connect it with the Prophet's ﷺ instruction to Saʿd b. Abī Waqqāṣ رضي الله عنه. During the Farewell Pilgrimage, Saʿd lay seriously ill in Makka. He had substantial wealth and one daughter to inherit from him. He asked whether he could give two thirds of his wealth in charity, then half, then a third:
أَفَأَتَصَدَّقُ بِثُلُثَيْ مَالِي؟ قَالَ: لَا، قُلْتُ: أَفَأَتَصَدَّقُ بِشَطْرِهِ؟ قَالَ: لَا، قُلْتُ: فَالثُّلُثِ، قَالَ: وَالثُّلُثُ كَثِيرٌ، إِنَّكَ أَنْ تَذَرَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَذَرَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ“May I give two thirds of my wealth in charity?” He said, “No.” I said, “May I give half of it in charity?” He said, “No.” I said, “Then a third?” He said, “And a third is much. To leave your heirs well provided for is better than to leave them poor, begging from people.”[8]
The event shows why the heirs’ needs matter. The legal limits and the scholars’ explanations are developed in Deeper Study, Question 3.
3. Word-by-Word Analysis
| Arabic | Transliteration | Root | Type | Meaning |
|---|---|---|---|---|
| وَلْيَخْشَ | wa-l-yakhsha | خ-ش-ي | and + “let” + a singular verb before its plural subject | and let them fear |
| الَّذِينَ | alladhīna | none | a word that opens a description, "those who" | those who |
| لَوْ | law | none | a word that supposes a case | if, supposing that |
| تَرَكُوا | tarakū | ت-ر-ك | a past-tense verb for a group | they left; from it comes the word for an estate, what a man leaves |
| مِنْ خَلْفِهِمْ | min khalfihim | خ-ل-ف | preposition + noun + "their" | behind them, after them |
| ذُرِّيَّةً | dhurriyyatan | ذ-ر-ر, ذ-ر-أ or ذ-ر-و; the lexicons give all three | a noun for offspring, one or many | offspring, children; at root, the small ones |
| ضِعَافًا | ḍiʿāfan | ض-ع-ف | a plural describing word | weak, helpless |
| خَافُوا | khāfū | خ-و-ف | a past-tense verb for a group | they feared; here, they would fear |
| عَلَيْهِمْ | ʿalayhim | none | preposition + "them" | for them |
| فَلْيَتَّقُوا | fa-l-yattaqū | و-ق-ي | so + "let" + a verb for a group | so let them fear, guard themselves against |
| اللَّهَ | Allāha | none | the divine name | Allah |
| وَلْيَقُولُوا | wa-l-yaqūlū | ق-و-ل | and + "let" + a verb for a group | and let them say |
| قَوْلًا | qawlan | ق-و-ل | indefinite noun | a word, a saying |
| سَدِيدًا | sadīdan | س-د-د | a describing word, from stopping a gap | right, straight, correct |
4. Understanding the Verse
The verse asks us to judge our treatment of vulnerable children by the care we would want for our own. It describes the people addressed: anyone who would fear for children left behind should recognise the concern it calls for (Ibn al-ʿArabī, Ibn ʿĀshūr).[1]
Who is being addressed?
The main explanations concern two settings. The broader interpretation includes both:
| Explanation | The situation | What the command requires |
|---|---|---|
| Advice at the bedside | People are advising a dying person about a bequest: wealth to be given after death. | Give the advice you would want for yourself; do not encourage a bequest that harms the heirs. This is reported from Ibn ʿAbbās رضي الله عنهما and Qatāda.[2] |
| Care of orphans | A guardian holds a child’s property and acts on the child’s behalf. | Protect that child as you would want your own protected. The neighbouring verses’ concern for orphans supports this explanation (al-Qāḍī ʿAbd al-Jabbār, as al-Rāzī reports him, and other commentators).[3] |
| Both settings together | Someone’s advice or decisions can protect children or expose them to harm. | The address is general enough to include both the adviser and the guardian (al-Jaṣṣāṣ, Muftī Shafīʿ, al-Sāyis).[4] |
The general address includes both settings. It allows the early explanations to go together and includes those who deprive women or young relatives of inheritance.[5] In either setting, the command protects children from harm.[6] Its test is personal: how would you want these decisions made if the children were yours?[7]
Some scholars connect the warning in 4:9 with advice given to a dying person about his will. On this explanation, 4:8 concerns a man deciding what to leave by bequest, and 4:9 warns those advising him not to encourage gifts that would leave his children in need (al-Ṭabarī).[8] This differs from the explanation followed in our commentary on 4:8, where the heirs are dividing the estate after the person’s death.
Other scholars understand 4:9 as a warning to those responsible for orphans and their property. Verse 4:2 commands that orphans receive their property, while 4:10 threatens punishment for taking it unjustly. Between these commands, 4:9 asks those caring for another person’s children to imagine their own children left dependent on someone else. An account from Ibn ʿAbbās رضي الله عنهما applies this warning to executors entrusted with children’s care: they should treat those children as they would want their own to be treated.[9] Deeper Study, Question 1, examines the reports supporting these explanations and the scholars’ assessments of their chains.
وَلۡيَخۡشَ ٱلَّذِينَ لَوۡ تَرَكُواْ مِنۡ خَلۡفِهِمۡ ذُرِّيَّةٗ ضِعَٰفًا خَافُواْ عَلَيۡهِمۡ “And let those fear who, if they left weak offspring behind them, would fear for them.”
Imagine approaching death while your children still depend on you. You can see that they will need protection when you are no longer there to provide it. “Left”, تَرَكُوا, describes being on the point of leaving, not a fear first felt after death (al-Zamakhsharī, Ibn ʿĀshūr).[10]
“Weak”, ضِعَافًا, includes small children and those unable to manage their own affairs.[11] It can also describe helplessness through lack of resources, as Saʿīd b. Jubayr explains it.[12] The verse leaves the feared harm unnamed, allowing each hearer to consider what he fears for his own children.[13]
The opening command, وَلْيَخْشَ, means “let them fear.” Al-Rāghib describes خَشْيَة as fear joined with awe, most often arising from knowledge of what is feared.[14] That concern is then turned outward: as you fear for your own child, fear for another’s (Ibn ʿUthaymīn).[15]
Good advice takes the family’s circumstances into account. If the heirs are independent and well provided for, giving may be encouraged; if they are weak and poor, preserving the wealth for them takes priority. This is the distinction drawn from the Prophet’s ﷺ instruction to Saʿd (Ibn ʿAṭiyya, endorsed by al-Qurṭubī and repeated by al-Shawkānī).[16]
فَلۡيَتَّقُواْ ٱللَّهَ “So let them fear Allah.”
Concern for the children must govern what a person does. Taqwā, التَّقْوَى, means protecting oneself from Allah’s punishment by obeying His commands and avoiding His prohibitions (Ibn ʿUthaymīn).[17] The word “so” links this duty to the fear just described: the concern must lead to taqwā.[18] Fear is the beginning; guarding one’s conduct brings it to fulfilment (al-Rāghib, Ibn Kamāl Pāshā).[19]
The order moves from the heart to conduct, then to speech. Right words are the easiest outward action with which to begin, not a substitute for right action. Speech is named because it is the least a person can do (Abū Ḥayyān).[20]
وَلۡيَقُولُواْ قَوۡلٗا سَدِيدًا “And let them say a right word.”
A right word, قَوْلًا سَدِيدًا, is just and correct.[21] The root of the word means closing a gap or putting a defect right: sound speech repairs what is wrong rather than making it worse (Abū Ḥayyān, al-Samīn al-Ḥalabī).[22] The early explanations describe it as just,[23] truthful[24] and moderate[25] (Ibn ʿAbbās رضي الله عنهما, al-Ḥasan and Abū ʿUbayda respectively). It need not always be soft. Wisdom may call for firmness or gentleness, according to what the situation needs (Ibn ʿUthaymīn).[26]
With an orphan, speak as a caring parent. The care required in managing the child’s affairs must also be heard in the way he is addressed.[27] Teach good manners with affection: “my son”, “my child” (al-Zamakhsharī, al-Zuḥaylī).[28] Do not scold or belittle the child.[29]
At a bequest, give advice that is fair to those left behind. Warn against excess that would wrong the children, and help put an unjust arrangement right.[30] The amount that can properly be given depends on the legal limit and the heirs’ circumstances; the detailed discussion belongs in Deeper Study, Question 3.
As death draws near, help the person remember Allah. A further explanation of the right word is to prompt the testimony of faith. Say لَا إِلَهَ إِلَّا اللَّهُ, “There is no god worthy of worship but Allah”, where the dying person can hear and take it up, rather than ordering him to repeat it (recorded by al-Qurṭubī and explained by al-Samarqandī).[31]
5. Thematic Connections in the Qurʾān
Rights, care and accountability: 4:6–10. Verse 6 gives directions for guarding and handing over an orphan’s property. Verse 7 affirms the inheritance rights of men and women. Verse 8 tells the heirs to give something and speak kindly to relatives, orphans and the poor who are present but have no inheritance share. Verse 9 asks those making decisions to consider the vulnerable people affected by them.[1]
The next verse names a grave violation of that care:
﴿إِنَّ ٱلَّذِينَ يَأۡكُلُونَ أَمۡوَٰلَ ٱلۡيَتَٰمَىٰ ظُلۡمًا إِنَّمَا يَأۡكُلُونَ فِي بُطُونِهِمۡ نَارٗاۖ وَسَيَصۡلَوۡنَ سَعِيرٗا ١٠﴾“Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will be burned in a Blaze” (4:10).
The connection is direct: 4:9 asks a guardian to feel concern for the children in his care; 4:10 warns him against consuming their property unjustly. The surrounding passage therefore supports the guardianship interpretation, which Ibn Kathīr calls good.[2]
Children unable to protect themselves: 2:266.
﴿أَيَوَدُّ أَحَدُكُمۡ أَن تَكُونَ لَهُۥ جَنَّةٞ مِّن نَّخِيلٖ وَأَعۡنَابٖ تَجۡرِي مِن تَحۡتِهَا ٱلۡأَنۡهَٰرُ لَهُۥ فِيهَا مِن كُلِّ ٱلثَّمَرَٰتِ وَأَصَابَهُ ٱلۡكِبَرُ وَلَهُۥ ذُرِّيَّةٞ ضُعَفَآءُ فَأَصَابَهَآ إِعۡصَارٞ فِيهِ نَارٞ فَٱحۡتَرَقَتۡۗ﴾“Would one of you like to have a garden of palm trees and grapevines underneath which rivers flow in which he has from every fruit? But he is afflicted with old age and has weak offspring, and it is hit by a whirlwind containing fire and is burned” (2:266).
In this picture, the father has grown old, his children are weak, and the garden on which they depend is destroyed. In 4:9, the parent imagines leaving children who still need protection. Both passages make the reader consider the loss from the position of a family unable to repair it. The two expressions for “weak offspring” use different plurals of the same word.[3]
Taqwā joined to sound speech: 33:70–71.
﴿يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ ٱتَّقُواْ ٱللَّهَ وَقُولُواْ قَوۡلٗا سَدِيدٗا ٧٠ يُصۡلِحۡ لَكُمۡ أَعۡمَٰلَكُمۡ وَيَغۡفِرۡ لَكُمۡ ذُنُوبَكُمۡۗ﴾“O you who have believed, fear Allah and speak words of appropriate justice. He will [then] amend for you your deeds and forgive you your sins” (33:70 to 71).
The same two commands appear in both passages: fear Allah and speak rightly. Here they govern dealings that affect vulnerable children. In al-Aḥzāb they address believers generally, followed by the promise that Allah will set their deeds right and forgive their sins.
Wrongdoing is answered: 4:123.
﴿مَن يَعۡمَلۡ سُوٓءٗا يُجۡزَ بِهِۦ﴾“whoever does evil will be repaid for it.”
This warning connects the treatment of other people’s children with accountability for one’s own conduct.[4] Whoever fails to fear for another’s children may one day leave his own to the same treatment;[5] the verse asks him to picture that consequence now.[6]
Kind speech and just speech: 4:8–9. At the division in 4:8, قَوْلًا مَعْرُوفًا, “a kind word”, accompanies care for those who receive no inheritance share. In 4:9, قَوْلًا سَدِيدًا, “a right word”, guides decisions affecting the vulnerable. The emphasis moves from speech that comforts to speech that is just and correct.[7]
6. Gems and Subtleties
Gem 1
The child you picture first is your own.
The verse does not simply tell a guardian to do his duty. It asks him to imagine his own children left without his protection. He knows what he would fear for them. That deeply personal concern helps him recognise what another family needs from him.[1]
In خَافُوا عَلَيْهِمْ, “they would fear for them”, no particular danger is named. The hearer can picture the harm he most dreads for his children.[2] The opening وَلْيَخْشَ, “let them fear”, also leaves its object unstated.[3] The verse brings a person's own fears into his treatment of the children before him.
Gem 2
Picture the children’s future before making today’s decision.
“If they left weak children behind” asks a living person to picture the moment he can no longer protect his children. They still need him, but he is on the point of leaving them.[4] The past form of “left” brings that feared possibility close, as though it had already happened.[5]
The adviser or guardian must make his decision now. The verse asks him to consider what that decision will mean when a parent is no longer there to protect the children.
Gem 3
Fear for a child must lead to protection.
In pre-Islamic Arabia, fear for a daughter's future could be used to justify burying her alive. Her father feared that she might outlive him and face humiliation or marriage to a man he considered beneath her. Concern for what might happen to her became a reason to take her life.[6]
Here, fear for vulnerable children is directed toward their protection. The feeling alone is not enough; what a person does with that fear matters.
Gem 4
Want for another family what you want for your own.
The Prophet ﷺ said:
لَا يُؤْمِنُ أَحَدُكُمْ حَتَّى يُحِبَّ لِأَخِيهِ مَا يُحِبُّ لِنَفْسِهِ“None of you believes until he loves for his brother what he loves for himself.”[7]
The verse gives that love a concrete test: consider another person’s children as you would your own. Do not recommend a sacrifice for their family that you would refuse for yours.[8]
An heir at the bedside must also consider the family’s needs. He should ask what he would want for his children if he were the parent about to leave them, and help prevent an excessive bequest.[9] At the division of the estate, picture the children left in need as your own.[10]
It is easy to judge what another family can spare. The verse asks you first to imagine being the family that must live with the decision.
Gem 5
Answer anxiety about the future with obedience now.
While in Constantinople, Yaḥyā b. Abī ʿAmr al-Saybānī, a respected Syrian hadith scholar, heard his companions discussing what would happen at the end of time. Among them was one of his teachers, ʿAbd Allāh b. Fayrūz, known as Ibn al-Daylamī, son of the Companion Fayrūz al-Daylamī رضي الله عنه.
Alarmed by the discussion, al-Saybānī said to his mentor, “I wish I would never have a child.”
Ibn al-Daylamī answered:
يابنَ أخى لا تَفْعَلْ، فإنه ليست مِن نَسَمَةٍ كتَب اللَّهِ لها أن تَخْرُجَ مِن صُلْبِ رجلٍ إلا وهى خارجةٌ، إن شاء وإن أبَى.“My nephew, do not say that. No soul that Allah has decreed to come from a man's loins will fail to come, whether he wishes it or not.”
Then he asked:
ألا أَدُلُّك على أمرٍ إن أنت أدْرَكته نجَّاك اللَّهُ منه، وإن ترَكتَ ولدَك مِن بعدِك حفِظهم اللَّهُ فيك؟“Shall I direct you to something which, if you attain it, Allah will save you from that, and if you leave children after you, will preserve them for your sake?”
“Yes,” al-Saybānī replied.
Ibn al-Daylamī recited this verse.[11] He reminded him that taqwā and speaking correctly in the present would resolve his fear for the children..[12]
7. Contemporary Applications
Providing for the Family We Will Leave Behind
Concern for ذُرِّيَّةً ضِعَافًا, “vulnerable offspring,” has a practical application for parents arranging their affairs. Where ordinary succession does not follow Islamic inheritance, the family should not be left with only a spoken wish to “divide everything Islamically.” AMJA’s 2024 recommendations require Muslims living in America to arrange Sharīʿah distribution after death and advise consultation with trusted religious authorities.[1]
A civil will is a will recognized by the applicable country or state. Such a will, or other appropriate legal arrangements, can help secure those rights. The appendix, “Islamic Estate Planning Where Civil Succession Differs,” explains the distinction between inheritance and extra bequests. It also covers the main considerations in the United States, selected European jurisdictions and India, and where to find further help.
Before choosing a charitable gift, look at the responsibilities already there.
Consider a parent preparing a will. A final gift to a charity may be a worthy aim, but the parent also needs a clear picture of what the remaining estate must provide for the family.[2] List the people who depend on you, their needs and the resources available to them. Take that information into account before the discussion about the gift.
Documenting debts and other people’s rights is a separate task from choosing a voluntary bequest.[3] A modest estate may leave little room for a gift; the instructions protecting the family and creditors still matter. See Shared principles in the appendix.
Give sound advice while a friend or family memebr's estate plan is being prepared or reviewed.
Suppose a parent asks relatives for advice before meeting a lawyer to make or update a will. One favours a gift to a mosque, another to a school. The useful question is not whose preferred cause wins, but whether the plan respects the rights and needs of everyone affected. Give fair advice without pressing the parent into wronging anyone.[4]
Help establish what the parent owns, what is owed and who depends on the estate.[5] The decision must then be put into a legally effective form. For example, the ordinary requirements in England and Wales include a voluntary decision, capacity, a written will and proper signing and witnessing; changes also require formal steps.[6] A conversation alone should not be relied on as an estate plan. The practical appendix explains why local professional advice matters.
Do not overlook a dependant who is not an heir.
A parent may have been supporting a relative who will receive no inheritance from this estate. Depending on the family left at death, that person might be a grandchild whose parent died earlier, a sister or a widowed aunt. Ask who would lose support, as well as who will inherit.
Pressure to leave nothing to such relatives is the other error described in the early explanations.[7] Where the heirs are independent and well provided for, a gift may be encouraged.[8] Fairness does not mean ignoring a needy relative simply because the legal shares will go elsewhere.
Keep the children’s rights in forefront when managing their money.
A relative administering an estate may also manage money belonging to small children. The immediate duties are concrete: account for the money, meet the proper expenses, explain decisions and answer the family’s questions. Care for the child and the property must not turn into wasteful use of it.[9] The child should also hear the kindness and encouragement one would give one’s own children.[10]
Would you accept an unexplained delay, a casual loan from the children’s account or a dismissive answer if your own children were waiting? Their dependence calls for greater care, not fewer questions. See Protecting children in the appendix.
When death is near, offer words that help.
Not every bedside conversation is about money. Reminders of repentance, the testimony of faith and thinking well of Allah are also among the right words described by the commentators.[11]
Say لَا إِلَهَ إِلَّا اللَّهُ, “There is no god worthy of worship but Allah”, where the dying person can hear it, allowing him to say it on his own.[12] Speak gently and give him room to respond, rather than demanding that he repeat the words.
8. Common Misconceptions
Wrong: “A generous gift to charity is always better, whatever it leaves the family.”
Correct: The needs of the people left behind are part of the decision, not an obstacle to doing good.[1] A gift that is suitable when the heirs are well provided for may be unsuitable when they are poor.[2]
A real question concerned a grandfather who left two thirds to the Ḥaram (Grand Mosque in Mecca), most certainly a noble act, and only the remaining third to poor heirs. A generous intention did not make the excess enforceable without the affected heirs’ permission.[3] Giving away what others are entitled to is not made right by choosing a worthy cause.
Wrong: “One third is the target every charitable bequest should reach.”
Correct: It is an upper limit, not an amount everyone should try to use.[4] Choose what fits the estate and the family’s circumstances. The legal details and the evidence for giving less are in Deeper Study, Question 3.
9. Points for Reflection
-
A fair standard. Think of one decision you are making for someone who depends on you. Would you accept the same decision if the person affected were your own child?
-
The person who cannot answer back. Is there someone whose needs are being overlooked because they cannot speak forcefully for themselves? What would it take to hear them properly?
-
Concern put into action. Choose one responsibility you have been postponing: clarifying a debt, explaining an account or reviewing an arrangement for a dependant. Take one concrete step.
-
Before you advise. What do you still need to know about the family’s circumstances before recommending what they should do?
Deeper Study for Specialists
1. The Questions This Verse Raises
The verse turns concern for one’s own children into a standard for words and decisions that affect another family. Its four questions move from the people addressed, to the speech required of them, to the legal guidance drawn from the Prophetic hadith, and finally to the place of the verse within the surrounding passage.
| Question | Central disagreement | Practical consequence | Conclusion |
|---|---|---|---|
| 1. Who is told to fear? | Advisers at a deathbed, guardians, the person making a bequest, heirs at a division, or a general address | Determines whose conduct the warning directly regulates | The address is general; advisers and guardians are clear applications, and the claimed abrogation is rejected |
| 2. What is “the right word”? | Whether one formula serves every setting or speech must fit the responsibility | Governs advice about a bequest, treatment of an orphan and speech near death | It is just and corrective speech suited to the situation; gentleness or firmness follows what puts the matter right |
| 3. What does Saʿd’s hadith establish? | Whether the permitted third should normally be used in full | Changes advice when heirs are wealthy, weak or dependent | One third is the ceiling, not a target; the heirs’ circumstances may make a smaller bequest, or none, better |
| 4. How does 4:9 connect with 4:8 and 4:10? | A bequest sequence, an estate-division sequence, or the wider orphan-property passage | Shapes the immediate application without settling the full scope by itself | The verse belongs to the wider protection of vulnerable rights; 4:8 and 4:10 illuminate particular applications without exhausting the general address |
Q1. Who is told to fear?
The command وَلْيَخْشَ, “let them fear,” does not name one office or one setting. That is why the explanations differ. Some place the hearer beside a dying person, some place him over an orphan’s property, and some place him at the division mentioned in 4:8. The final position in the table is different: it not only identifies executors as the addressees but also claims that the command was later abrogated.
| Argument family | Position | Who is addressed? | What must change? |
|---|---|---|---|
| Advice and bequest | 1 | People urging a dying person to give wealth away | Their advice must not leave his children in need |
| Advice and bequest | 2 | People urging him to leave nothing to relatives outside the heirs | They must consider those relatives’ needs too |
| Care of orphans | 3 | Guardians of orphans | They must give other children the care they would want for their own |
| Advice and bequest | 4 | The person making the bequest | He must not impoverish his heirs by giving too much away |
| Estate division | 5 | The heirs or people influencing the division described in 4:8 | They must not obstruct compassion toward those present |
| General address | 6 | People whose words or actions affect vulnerable people’s rights | The particular settings express one wider duty of care |
| Abrogation claim | 7 | Executors of a will | This view treats enforcement of the will as the original duty and then claims it was cancelled |
Position 1. Those who sit with a dying man as he bequeaths are told not to press him to give his wealth away, and to advise him as they would want their own small children provided for.
The earliest reports place this duty at the bedside. One form commands the adviser to correct a bequest that harms the heirs; another forbids him to urge the dying man to scatter his wealth (Ibn ʿAbbās رضي الله عنهما).[1] The same setting appears in the instruction to command justice and kindness and forbid wrongdoing when a person makes his bequest (Qatāda and other early authorities).[2] This became the most widely transmitted of the specific applications, although the reports do not place every early statement in exactly the same setting (Ibn Kathīr, al-Qurṭubī, Ibn ʿAṭiyya and Abū Ḥayyān).[3]
The danger is advice that sounds religious while leaving the children exposed. A person may urge the sick man to send all his wealth ahead for the Hereafter, as though concern for his dependants counted for nothing. The verse turns that concern back upon the adviser: counsel him as you would want someone to counsel you if your own small children would live with the result (al-Zamakhsharī).[4]
Why this position is strong. If 4:8 is understood as a division made by bequest, 4:9 continues the same subject: the property is being settled, and the people offering advice are warned not to endanger the children. That continuity is the principal contextual argument for giving the bedside explanation priority (al-Ṭabarī).[5] The wording also asks the hearer to imagine children of his own left weak. That comparison fits most directly when his advice might leave another parent’s children dependent on others (al-Rāzī).[6] Saʿd’s hadith gives the same reason: leaving the heirs well provided for is better than leaving them poor and asking from people. Question 3 explains how that reason governs the amount of a bequest.
The transmission evidence strengthens this application without deciding the whole scope of the verse. The Ibn ʿAbbās report supporting it has an isnād graded ḥasan (Ḥikmat Bashīr Yāsīn),[7] while one route for the guardian explanation is graded weak (al-Malībārī).[8] The guardian position nevertheless has other reported and contextual support, considered below. The result is a preference among specific applications, not a reason to close the verse around a single setting: the bedside explanation receives priority, while the warning may still reach other people who can harm vulnerable children (al-Ṭabarī, al-Rāzī and al-Jaṣṣāṣ).[9]
Position 2. The reverse: those who sit with a dying man and forbid him to bequeath to his relatives are told to fear for those relatives as for their own children.
The opposite danger is also possible. An adviser may use concern for the children as a reason to stop every gift, even when the children are secure. One account describes visitors telling the dying man to keep everything for his children although, had they been his relatives, they would have wanted him to bequeath to them (Miqsam). Another requires the adviser to direct the testator toward those entitled to a bequest (an unnamed Ḥaḍramī, transmitted by al-Muʿtamir b. Sulaymān from Sulaymān al-Taymī).[10] The connection with 4:8 depends on taking the relatives mentioned there as people who may receive a bequest.[11]
The wording, however, speaks most directly about children who will be left behind, which gives Position 1 the stronger claim in this comparison. The reverse explanation is therefore more distant (al-Rāzī and al-Ālūsī).[12] The fact that both bedside explanations were placed in the period before the inheritance shares does not choose between them; it only places them in the same historical setting (al-Qurṭubī).[13]
The practical answer is not to give the same advice in every family. Where the heirs are independent and well provided for, encourage a bequest. Where they are weak and the estate is small, preserve what they need, even if that means advising no additional charitable bequest. Saʿd’s hadith gives the governing reason: the family must not be left dependent on others. The detailed juristic applications appear in Question 3 (Ibn ʿAṭiyya, al-Qurṭubī and al-Shawkānī).[14]
Position 3. The guardians of orphans are told to treat their wards as they would want their own small children treated after them.
This explanation is also transmitted from early authorities. It reaches Ibn ʿAbbās رضي الله عنهما through more than one route and is reported from al-Kalbī. The al-ʿAwfī route is graded weak, and the placement of Ibn Zayd’s words differs between the later records.[15] Even with those transmission distinctions, the contextual force of the position led a number of commentators to adopt or favour it.[16]
The surrounding passage explains why. The property of orphans has already been placed under protection, and the next verse threatens those who consume it. Between those commands, the guardian is made to imagine his own children left weak in somebody else’s hands. What he would want for them becomes the measure of what he owes the orphan before him (al-Qāḍī ʿAbd al-Jabbār).[17] The explicit return to orphan property in 4:10 strengthens that connection (Ibn Kathīr).[18]
Its limit is that the competing bedside interpretation follows only when 4:8 itself is taken as a bequest passage (al-Ṭabarī).[19] The context of 4:10 still supports the guardian application. A general address can therefore retain both responsibilities without forcing one to erase the other.
Position 4. The dying man himself is told not to bequeath much and to leave his heirs rich.
The same concern can restrain the owner of the wealth directly. If his children will be left in need, he must not exhaust the estate through a bequest. Before the one-third limit was established, the warning would prohibit leaving them destitute; after that limit, it would guide him toward a third or less according to their need (al-Zajjāj, al-Rāzī and al-Khāzin).[20]
Saʿd’s hadith and the Companions’ preference for smaller bequests support that legal restraint. The third is the outer limit applied to the case, not a fraction stated in this verse (al-Rāzī).[21] But the same hadith can also tell an adviser what advice to give, so it does not by itself prove that the owner is the person addressed. This is therefore a valid application of the warning, but a less direct identification of its addressee.
Position 5. The heirs at the division of 4:8 are told to have compassion for those present.
The link begins with the preceding command. If 4:8 places the heirs at an estate division and tells them to speak kindly, 4:9 gives them the fear that must stand behind those words. The closest early wording places Mujāhid’s explanation at a division of wealth; the connection is also recorded as a possibility in later commentary (al-Zamakhsharī).[22]
A gift can be prevented by someone who does not own the money. At the division, a bystander may discourage giving to the needy orphans and poor people who are present. Where the heirs are wealthy and influential, appearing protective of their money can be a way of winning their favour. The verse turns that person’s attention from the wealthy heirs to the children he might leave behind: if they needed help, would he want someone to persuade others to deny it? The consideration he wants for his own children should govern his advice about the needy people before him.
On this explanation, the link with 4:8 concerns not only the heirs’ response but also the words of people influencing them. The warning corrects an adviser who obstructs kindness at the division, rather than identifying him simply as an heir (Muḥammad ʿAbduh).[23]
The connection is not compulsory. If 4:8 is an aside within the broader orphan-property passage, the heirs mentioned there do not automatically become the people addressed in 4:9 (Ibn ʿĀshūr).[24] The same restraint appears when the guardian explanation is given first and the connection to the heirs only as a possibility (al-Zamakhsharī).[25]
Position 6. The verse gives a general warning about the rights of vulnerable people.
The verse can cover more than one setting because the same standard governs them: do not treat another family in a way you would fear for your own. That standard reaches harmful advice at a bequest, neglect of an orphan’s property and other conduct that injures vulnerable children. Its breadth does not make all the explanations identical. It can include advisers and guardians while still excluding the heirs addressed in the aside of 4:8 (Ibn al-ʿArabī, Muftī Muḥammad Shafīʿ and Ibn ʿĀshūr).[26]
Allowing several applications is therefore different from pretending that every commentator chose the same addressee. The decisions differ, but the shared prohibition against harming children can govern them all. Some commentators expressly allow the early explanations together; others merely record several possibilities without choosing among them (al-Jaṣṣāṣ and others).[27]
This wider principle remains concrete. Fear for one’s own child becomes the measure for caring for another’s child (Ibn ʿUthaymīn).[28] It also teaches a parent to fear for the children he will leave and to seek Allah’s protection for them through obedience (Ibn al-Daylamī’s counsel to al-Saybānī).[29] The words required in each setting will differ: fair advice to a dying person is not the same speech as kindness to an orphan or to someone present at a division. The common duty is to say what puts that particular responsibility right (al-Zamakhsharī and al-Ālūsī).[30]
Why the wording permits this breadth. The verse describes a shared human fear without naming a guardian, adviser or heir. The concern itself brings the hearer within the warning (al-Ṭībī).[31] It also leaves the object of the opening command unstated, allowing the mind to turn to every danger that might threaten the children (Ibn ʿĀshūr and Ibn ʿAjība).[32] The specific settings can therefore be genuine applications without exhausting the command (al-Jaṣṣāṣ).[33]
The same moral comparison appears in the Prophetic rule of love for others:
لَا يُؤْمِنُ أَحَدُكُمْ حَتَّى يُحِبَّ لِأَخِيهِ مَا يُحِبُّ لِنَفْسِهِ“None of you believes until he loves for his brother what he loves for himself.”[34]
The verse makes that comparison concrete: give another person’s children the consideration you would want for your own. At the bedside, that means giving the dying person the advice you would want if the children affected were yours (Ibn ʿĀshūr and al-Jaṣṣāṣ).[35]
Position 7. The executors are told to enforce the will as the testator drew it; the verse was then abrogated by 2:182.
A minority position argues that the verse is addressed directly to the estate's executors. On that account, they were first commanded to enforce a will exactly as the testator made it, and 2:182 later allowed them to correct it; the second instruction is therefore said to cancel the first.[36]
The claim fails because right speech cannot require the enforcement of injustice. If the will contains partiality or sin, correcting it fulfils the command rather than cancelling it (Ibn al-Jawzī and al-Sakhāwī).[37] The duty of right speech applies both when a sound bequest is carried out and when an unjust one is corrected (Ibn al-ʿArabī).[38]
The historical record does not establish the claimed cancellation either. Several works on abrogation do not list this verse, while the works that do list it provide no proof for the change. The separate statement that fixed inheritance shares replaced the former duty to bequeath to one’s own children concerns another ruling; it does not show that an executor was ever required to enforce an unjust will (al-Malībārī and al-Zajjāj).[39]
The tarjīḥ: the address is general, and the command remains in force.
The warning concerns people whose words or actions affect the rights of the vulnerable. The guardian holding an orphan’s property and the person advising a dying parent are two clear examples. Each must give the children affected the care he would want for his own, fear Allah and speak rightly.[40]
This conclusion accounts for the wording and the context together. The verse identifies a shared fear for vulnerable children, not one particular role. It leaves the object of its opening command unstated. And it stands within a passage concerned with the rights and property of people who need protection. The adviser and the guardian are therefore two clear applications of its command, without either application exhausting it.[41]
Within the bequest setting, right advice still depends on the family’s circumstances. Encourage giving where the heirs are well provided for; protect what remains where they are weak and the estate is small. That distinction follows the reason given in Saʿd’s hadith. Correcting a harmful bequest fulfils the command to speak rightly, so there is no need to treat the verse as abrogated.[42]
And Allah knows best.
Q2. What is “the right word”?
قَوْلًا سَدِيدًا, “a right word,” is speech that is just, correct and suited to the responsibility before the speaker. The word سَدِيد (sadīd) is connected with setting something right and closing a gap. The aim is therefore not softness for its own sake, but speech that repairs what is wrong without introducing another wrong.[43] This is why the early explanations name justice, truth, moderation and correcting a person who strays. They describe different forms of the same task.[44]
What that requires in each setting
| Setting | What the right word does |
|---|---|
| Advising about a bequest | It calls for payment of debts and a bequest that does not wrong the heirs; the testator must also keep his own instructions within the permitted limit.[45] |
| Caring for an orphan | It combines good manners and welcome with the care shown to one’s own child. The guardian does not hurt or belittle the orphan.[46] |
| Addressing people present at an estate’s division | It honours the people present and speaks to them gently.[47] |
| Supporting someone whose death is near | It can include saying the shahāda within the person’s hearing so that he may take it up, rather than ordering him to repeat it; a direct order might provoke refusal.[48] |
Good management of property does not exhaust this duty. A guardian may keep the accounts honestly and still wound the child through contempt, especially by speaking badly of the child’s parents:
فَإِنَّ الْيَتِيمَ يَجْرَحُهُ أَقَلُّ قَوْلٍ يُهِينُ وَلَاسِيَّمَا ذِكْرُ أَبِيهِ، وَأُمِّهِ بِسُوءٍ“The orphan is hurt by even the slightest degrading remark, especially by speaking badly of his father or mother” (Muḥammad ʿAbduh).[49]
This is why the command about speech stands beside the commands protecting property and upbringing.
The same phrase can become good or bad advice. “Send ahead for yourself” is sound when it is joined to “and leave for your children”: the advice makes room for giving while protecting the family (a report from Ibn ʿAbbās رضي الله عنهما).[50] It becomes harmful when it is joined to “bequeath all your wealth” and used to press the owner to neglect those who will depend on what remains (al-Suddī).[51] The difference is not whether charity is praised. It is whether the advice respects the family’s rights.
Right advice also makes the person’s affairs clear: what he owns, what he owes and whom he intends to benefit.[52] It can remember a needy relative without wronging the small orphan heir who cannot defend himself.[53]
Why speech comes last. Right speech is the least outward expression of a larger duty; it cannot replace the fear, taqwā and right conduct from which it should arise (Abū Ḥayyān).[54] Fear begins that movement and taqwā completes it (al-Rāghib).[55] The full rhetorical sequence is explained in Balāghah.
The right word is the one that puts its own situation right: fatherly care when speaking to an orphan, fair advice when a person is settling an estate, and honourable speech to those present at a division. In the bequest case, the permitted maximum must never become a reason to overlook weak heirs. Question 3 explains that distinction.
And Allah knows best.
Q3. What does Saʿd’s hadith establish about the bequest?
The full account of Saʿd b. Abī Waqqāṣ رضي الله عنه appears in Historical Context. The words that govern the legal discussion are:
وَالثُّلُثُ كَثِيرٌ، إِنَّكَ أَنْ تَذَرَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَذَرَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ“And a third is much. To leave your heirs well provided for is better than to leave them poor, begging from people.”[56]
The hadith permits a third, but it also gives the reason for leaving more to the family. A permitted maximum is not a target for every estate. The heirs’ circumstances determine which advice is appropriate.
How the heirs’ circumstances change the advice
| Circumstances | The scholarly application |
|---|---|
| The heirs are rich and well provided for | The full third may be recommended.[57] |
| The heirs are poor or weak | Less than the third may be better.[58] |
| The estate itself is small | The better course may be no discretionary bequest at all, so the wealth remains for the heirs.[59] |
Why some preferred less than a third. The Prophet ﷺ called a third “much.” That is why a quarter was preferred to the full third (Ibn ʿAbbās رضي الله عنهما).[60] The same concern produced a scale of preference: a fifth before a quarter, and a quarter before a third (a reported preference of the Companions).[61] These are preferences within the permitted limit, not new fixed fractions. A bequest of a fifth, a fourth or a third can remain valid according to the circumstances (Makkī).[62]
What the hadith tells the adviser. Do not urge a gift that neglects the family’s needs. This remains true even when the adviser is an heir: he must give the fair advice he would want in the dying person’s place (al-Kiyā al-Harrāsī and al-Sakhāwī).[63] It applies with particular force to bystanders who press the testator beyond the third (Muqātil).[64] The same hadith therefore belongs naturally in an explanation of the verse’s bequest setting (Muftī Muḥammad Shafīʿ).[65]
The instruction also governs the owner of the wealth. He must not use a lawful bequest to leave his family dependent (al-Rāzī).[66] But this does not settle who is grammatically addressed in 4:9, because the hadith guides both the person making the bequest and the people advising him.
What it settles. The third is the normal limit for a bequest; the exception requiring the heirs’ valid consent is explained in the appendix. The heirs’ welfare explains why less may be better. That reason, rather than the fraction alone, supports the distinction between encouraging a bequest and preserving a small estate for those who need it.[67]
And Allah knows best.
Q4. How does the verse connect with 4:8 and 4:10?
No single proposed connection settles the full scope of the verse. Each one explains part of the sequence, and each has a limit.
| Proposed connection | What it contributes | What it does not settle |
|---|---|---|
| 4:8 understood as a division by bequest | It gives the bedside-adviser explanation an immediate link with the preceding verse.[68] | It depends on first interpreting 4:8 as a bequest; it does not exclude other applications |
| The orphan-property instructions before it and the threat in 4:10 | They give the guardian explanation strong support from both sides of the verse.[69] | Contextual support does not make the guardian the only possible addressee |
| The heirs’ shares in 4:7 | They explain why property already assigned to children must remain protected when others administer it.[70] | The handover duty does not by itself identify everyone addressed in 4:9 |
| The heirs and the estate division in 4:7–8 | They support an application to stronger heirs who can affect weaker people at the division.[71] | This connection remains disputed because another explanation treats 4:8 as an aside |
The guardian explanation can continue the earlier passage in three ways. It may tell guardians to preserve what has been handed over after 4:7, add a charge to those caring for the younger heirs, or continue the testing and care of orphans commanded in 4:6. These connections differ over which earlier instruction is being continued, not over the guardian’s responsibility. The bequest-adviser interpretation remains another possible connection with what precedes (al-Ālūsī).[72]
The wider movement of the passage is clearer than any single disputed seam. The preceding commands protect the property of orphans and other vulnerable people. Verse 4:9 then appeals to the hearer’s fear for his own children. Its veiled warning is that worldly ruin may return upon the wrongdoer’s own family; 4:10 follows it with the threat of punishment for consuming orphan property. The movement therefore runs from fear of Allah, through parental compassion and the warning of worldly recompense, to the renewed warning about the property and its punishment (Ibn ʿĀshūr).[73]
That explanation does not make the heirs addressed in 4:8 the addressees of 4:9. On this account, 4:8 is an aside and the warning returns to the wider group responsible for vulnerable people’s rights (Ibn ʿĀshūr).[74] This differs from the position that connects the warning directly to the stronger heirs at the division (al-Maẓharī).
The final connection is ethical rather than sequential: the hearer reverses the positions. The guardian pictures his own child in the orphan’s place and makes the treatment he would want for that child the measure of his own conduct (al-Biqāʿī and al-Zuḥaylī).[75]
Conclusion. No single neighbouring verse identifies the only possible addressee. Verse 4:9 belongs to the wider sequence protecting vulnerable people and their property. Verse 4:8 explains why speech at a division or bequest matters; verse 4:10 gives particular force to the guardian application. Together they support the general address adopted in Question 1 while preserving the settings mentioned by the commentators.
And Allah knows best.
2. How the Commentators Explain This Verse
The Questions have already used the principal evidence for the competing addressees and the bequest limit. The profiles below retain only the commentators’ distinctive syntheses or legal extensions.
| Commentator | Distinctive contribution retained here | Related Question |
|---|---|---|
| Al-Jaṣṣāṣ | A reciprocal test for advice intended to harm heirs or intended beneficiaries | Q1 and Q3 |
| Ibn ʿĀshūr | How repeated neglect of vulnerable families can become a social habit that later harms everyone | Q1 and Q4 |
| Ibn ʿUthaymīn | The legal reach of “descendants” in the separate case of a family endowment | Lexical and legal extension |
Al-Jaṣṣāṣ (d. 370 AH / 981 CE)
One reciprocal test can govern opposite advice. The distinctive method tests both direction and intention. Advice to give or to hold back becomes forbidden when the adviser means to harm either the heirs or the people meant to receive the bequest and would reject the same counsel if he were in their place. This allows the early applications to remain genuinely different while bringing them under one rule (al-Jaṣṣāṣ).[1]
Ibn ʿĀshūr (d. 1393 AH / 1973 CE)
The treatment of vulnerable families can become a community's habit. The warning therefore concerns more than the guardian immediately responsible for an orphan. Others must care about the weak person's rights and resist wrongdoing by bad guardians. If exploitation becomes normal, their own children and property may eventually suffer from it:
فَإِنَّ اعْتِيَادَ السُّوءِ يُنْسِي النَّاسَ شَنَاعَتَهُ، وَيُكْسِبُ النُّفُوسَ ضَرَاوَةً عَلَى عَمَلِهِ“Becoming accustomed to wrongdoing makes people forget its ugliness and gives them a taste for practising it.”[2]
What first appears shocking can become familiar, and familiarity can make people more willing to repeat it. Protecting another family's rights therefore helps prevent an accepted practice of exploiting the weak.
Ibn ʿUthaymīn (d. 1421 AH / 2001 CE)
Who is included when an endowment is left to “my descendants”? A waqf is an endowment whose property is set aside for specified beneficiaries or purposes. Here the wording matters because it identifies the people entitled to benefit.
On the position Ibn ʿUthaymīn describes as well known among scholars, “my descendants” includes sons and daughters, and descendants through sons, but not descendants through daughters. He applies that distinction to a person who declares a waqf for his descendants.
An objection follows from the Qurʾān's inclusion of ʿĪsā among Ibrāhīm's descendants through Maryam: does that not establish descent through a daughter? Ibn ʿUthaymīn answers that ʿĪsā had no father, so his mother occupied that place in his lineage. This is his explanation of the legal position governing the endowment's beneficiaries.[3]
3. Iʿrāb: Grammatical Structure
The starting point is Dār al-Ṣaḥābah's Iʿrāb al-Qurʾān al-Karīm, which analyses the verse word by word and then places each clause.[1] The other grammarians agree with it on almost every word; where one of them adds a reason or construes a word differently, that is given where the grammar changes the meaning.
Word / Grammar / What it does
| Word | Grammar | What it does |
|---|---|---|
| وَ wa |
استئنافية istiʾnāfiyya the wāw of a fresh start |
Opens a fresh sentence on the Dār al-Ṣaḥābah analysis; Darwīsh instead treats the wāw as a conjunction, as explained below |
| لْ li |
لام الأمر lām al-amr the lām of command, with sukūn after the wāw |
Turns the verb into a command about a third party: "let them fear" |
| يَخْشَ yakhsha |
مضارع مجزوم بحذف حرف العلة muḍāriʿ majzūm bi-ḥadhf ḥarf al-ʿilla an imperfect verb in jazm, shown by the dropping of its final weak letter |
"Fear": the first command; its object is not stated |
| الَّذِينَ alladhīna |
موصول مبني على الفتح في محلّ رفع فاعل mawṣūl mabnī ʿalā al-fatḥ fī maḥall rafʿ fāʿil a relative pronoun, indeclinable, standing where the subject in rafʿ stands |
"Those who": the addressees, identified only by the description that follows |
| لَوْ law |
حرف شرط غير جازم ḥarf sharṭ ghayr jāzim a conditional particle that does not put its verb into jazm |
"If": opens the description; the condition and its answer together make the relative clause |
| تَرَكُوا tarakū |
فعل ماض fiʿl māḍī a past-tense verb, the wāw its subject |
"They left": the condition; past in form, and understood by the commentators as nearness to leaving |
| مِنْ خَلْفِهِمْ min khalfihim |
جارّ ومجرور jārr wa-majrūr a preposition with its noun in jarr, attached to "left"; the pronoun is مضاف إليه (muḍāf ilayhi), the second term of the construct |
"Behind them": after their death |
| ذُرِّيَّةً dhurriyyatan |
مفعول به منصوب mafʿūl bihi manṣūb the object of the verb, in naṣb |
"Offspring": what is left |
| ضِعَافًا ḍiʿāfan |
نعت منصوب naʿt manṣūb an adjective agreeing with its noun, in naṣb |
"Weak": the quality of the offspring that raises the fear |
| خَافُوا khāfū |
فعل ماض fiʿl māḍī a past-tense verb, the wāw its subject |
"They would fear": the answer of the condition |
| عَلَيْهِمْ ʿalayhim |
جارّ ومجرور jārr wa-majrūr a preposition with its pronoun in jarr, attached to "fear" |
"For them": the offspring |
| فَ fa |
رابطة لجواب شرط مقدّر rābiṭa li-jawāb sharṭ muqaddar the fāʾ that ties an answer to an implied condition |
Marks what follows as the consequence of the state just described |
| لْيَتَّقُوا l-yattaqū |
لام الأمر then مضارع مجزوم بحذف النون lām al-amr, muḍāriʿ majzūm bi-ḥadhf al-nūn the lām of command, then an imperfect verb in jazm, shown by the dropping of its final nūn, the wāw its subject |
"Let them fear Allah": the second command |
| اللَّهَ Allāha |
لفظ الجلالة مفعول به منصوب lafẓ al-jalāla mafʿūl bihi manṣūb the name of majesty as the object, in naṣb |
The object of taqwā, stated where the object of "fear" was not |
| وَلْيَقُولُوا wa-l-yaqūlū |
الواو عاطفة al-wāw ʿāṭifa a joining particle; then the lām of command and an imperfect verb in jazm by the dropping of its nūn |
"And let them say": the third command, joined to the second |
| قَوْلًا qawlan |
مفعول مطلق منصوب mafʿūl muṭlaq manṣūb the verb's own noun standing as its object, in naṣb |
"A word": names the act so that it can be described |
| سَدِيدًا sadīdan |
نعت naʿt an adjective agreeing with its noun, in naṣb |
"Right": the quality the word must have |
Clause / Position
| Clause | Position |
|---|---|
| وَلْيَخْشَ الَّذِينَ “Let those fear” |
استئنافية istiʾnāfiyya a fresh sentence with no grammatical place, on the Dār al-Ṣaḥābah analysis. The alternative treatment of the opening wāw is explained below |
| لَوْ تَرَكُوا مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَافًا “If they left weak offspring behind them” |
صلة الموصول ṣilat al-mawṣūl the clause that completes "those who". Identifies the addressees by a supposed state, not by a name |
| خَافُوا عَلَيْهِمْ “They would fear for them” |
جواب شرط غير جازم jawāb sharṭ ghayr jāzim the answer of a condition that does not put its verb into jazm. Completes the supposition: leaving weak children, they would fear for them |
| فَلْيَتَّقُوا اللَّهَ “So let them fear Allah” |
في محل جزم جواب شرط مقدر fī maḥall jazm jawāb sharṭ muqaddar the response to an implied condition. The consequence: since that is their state, let them fear Allah |
| وَلْيَقُولُوا قَوْلًا سَدِيدًا “And let them speak a right word” |
معطوفة على جملة: ليتقوا maʿṭūfa ʿalā jumla: l-yattaqū joined to the sentence "let them fear Allah". The third command is the second's partner, not an aside[2] |
Where the Grammar Changes the Meaning
The opening وَ: a fresh sentence or a conjunction
Dār al-Ṣaḥābah treats the opening wāw as استئنافية (istiʾnāfiyya), beginning a fresh sentence. Darwīsh calls it عاطفة (ʿāṭifa), joining the command to the preceding discourse. The English can remain “And let those fear” in either case. The grammatical label alone does not decide whether the people addressed are heirs, guardians or advisers; that question also depends on the surrounding argument.[3]
يَخْشَ: the unstated object of “fear”
The verse does not state the object of يَخْشَ (yakhsha), “fear.” The command also changes the verb’s ending. The lām puts the verb into jazm, and its final alif is dropped. Al-Naḥḥās records Sībawayh's explanation: dropping the letter distinguishes this form from rafʿ and naṣb, where the alif remains.[4]
What is the hearer told to fear? The next command explicitly names lafẓ al-jalālah, the divine name. That gives one answer: the first command also means “let them fear Allah,” with the object understood rather than repeated. This is the construction given by al-Kharrāṭ[5] and Maḥmūd Ṣāfī, who points to the divine name in the next command as the reason the omission can be understood.[6]
The later words “they would fear for them” offer another way to understand the omission: the sentence itself makes clear that fear for children is at issue, so the earlier verb need not repeat its object. Makkī gives that explanation and also records “let them fear Allah.”[7] A related account understands the first command as “let them fear this,” meaning be on guard against the situation described, before the verse makes the duty explicit with “let them fear Allah” (al-Akhfash).[8]
If the understood object is lafẓ al-jalālah, there are still two ways to describe the grammar. It may simply be omitted from the first command. Or the two verbs may share an object that is stated only with the second: both “let them fear” and “let them be mindful” concern Allah, but the divine name follows the second verb. This second construction is تَنَازُع (tanāzuʿ), two verbs seeking the same object. These are the two analyses set out by al-Samīn al-Ḥalabī.[9]
But leaving the object unspoken can also widen the command. Instead of naming a single danger, it allows each hearer to think of what he fears most for his own offspring. That is Ibn ʿĀshūr’s preferred explanation,[10] while Ibn ʿAjība likewise understands the omission as giving general scope.[11] The surrounding discussion can also identify a particular danger: squandering the orphans’ property, as Ibn ʿUthaymīn explains.[12]
These are different explanations of what is left understood. On al-Samīn’s construction, the object is lafẓ al-jalālah, either omitted directly or shared by the two verbs. Ibn ʿĀshūr expressly prefers leaving the object open to the harm each hearer fears for his offspring. Ibn ʿUthaymīn names a particular harm: squandering the orphans’ property. Not all of these scholars think the missing word is simply 'Allah'.
“Let those fear” preserves the omission and can therefore remain unchanged in English. An expanded translation would differ: “let them fear Allah” on the first explanation, or “let them fear what may happen to the children” on the others. The first remains a supported grammatical construction; the wider explanations show why it should not be presented as the only one.
لَوْ تَرَكُوا: “if they left” or “if they leave”?
The second point is لَوْ (law), and here the grammar does change the sense of "if they left". Two constructions are held, law in its own sense, reflected in Saheeh International’s wording, “as if they [themselves] had left weak offspring behind and feared for them”; the second is set out because al-Shanqīṭī rules for it. On the first, law keeps its own sense, a supposition about the past: had they left weak offspring, they would have feared for them. Ibn ʿAṭiyya and al-Zamakhsharī take it so, as al-Samīn reports them,[13] and al-Samīn rules for it: what is right is that law keeps its own sense, a suspension in the past.[14]
On the second, law stands for إِنْ (in), the conditional of the future, turning the past verb into a future one: let those fear who, if they leave weak offspring, will fear for them.
This construction treats the answer clause as following a law that carries the meaning of in, a grammatical analysis supported by al-ʿUkbarī[15] and by Ibn Mālik, as quoted by al-Samīn.[16] The verse itself serves as a direct instance of law giving a past-form verb a future meaning, an application noted by Maḥmūd Ṣāfī.[17] Even al-Samīn, despite offering a different account elsewhere in his work, concedes that law can mean in and cites this exact verse to demonstrate the usage.[18]
The primary argument for adopting this rare future construction is that forcing the verse's clause into the past tense creates an "evident strain," an assessment that leads al-Shanqīṭī to rule in its favor. To illustrate this future usage, he points to lines attributed to Qays b. al-Mulawwaḥ:
ولو تلتقي أصداؤنا بعد موتنا ... ومن دون رمسينا من الأرض سبسب لظل صدي صوتي وإن كنت رمة ... لصوت صدي ليلي يهش ويطرب“If our echoes should meet after our deaths, with a wasteland between our graves, the echo of my voice, though I were decayed remains, would brighten and delight at the echo of Laylā’s voice.”
The imagined meeting is after the speaker’s future death. Al-Shanqīṭī therefore regards a past interpretation as impossible in these lines and takes them as evidence that law can introduce a future condition.[19]
The difficulty the second construction answers is this: the addressees are told to fear now, and a person who has already left offspring behind him is dead and past addressing.
The first construction answers it another way, by taking "left" as being on the point of leaving. Al-Zamakhsharī reads the state as that of the approach of death, when a person is about to leave weak children,[20] and Ibn al-Munayyir gives his reason: the answer, "they would fear for them", can only happen before the leaving, in this world, so the leaving must mean being on the point of it, or the answer would fall before its condition.[21]
Al-Suyūṭī counts this among the kinds of مَجَاز (majāz), explaining the verse as "were they on the point of leaving, they would fear",[22] and repeats it in Muʿtarak al-Aqrān.[23] Ibn ʿĀshūr calls the past verb a figure for the nearness of the event,[24] and al-Maydānī explains what the past form is for: a future matter is made to stand as a past one, and among the uses of that is warning and instilling fear.[25] Muḥyī al-Dīn Darwīsh adds that this construal does not tie the address to the executors; it holds as well if the address is to the heirs or to those sitting with the sick.[26]
The English changes with the construction: "if they left ... would fear" on the first, "if they leave ... will fear" on the second. What does not change is the state the verse pictures. On either construction the fear is felt before the leaving, by a person who can still act.
The construction to keep is the first, law in its own sense with "left" understood as being on the point of leaving, which is al-Samīn's ruling with Ibn ʿAṭiyya, al-Zamakhsharī and Ibn ʿĀshūr, and Saheeh International’s “as if they [themselves] had left weak offspring behind and feared for them” reflects it.
Al-Shanqīṭī's ruling the other way rests on the strain he sees in a past clause under a present command, and Abū Ḥayyān had answered that point before him: the strain would bind only if the leaving had actually happened, and a past on a supposition may stand as the clause of a relative governed by a future verb, as in "let him visit us who, had he died yesterday, we would have mourned".[27]
Al-Samīn also considers poetic evidence for the future use. He quotes Ibn Mālik’s example:
لا يُلْفِكُ الرَّاجوك إلا مُظْهِراً ... خُلُقَ الكرامِ ولو تكونُ عَدِيما“Let those who hope in you find you showing only the character of the generous, even if you have nothing.”
He adds another:
قومٌ إذا حارَبُوا شدَّوا مآزِرَهُمْ ... دونَ النساءِ ولو باتَتْ بأطْهارِ“A people who, when they fight, tighten their waistcloths away from women, even if the women pass the night in ritual purity.”
The first example is an instruction about future conduct; the second describes restraint from marital relations when going to war. While the surrounding context of these lines clearly requires a future sense, the verse itself does not necessarily have to follow them: its condition can simply be an imagined past situation rather than an event that actually occurred, an answer provided by al-Samīn.[28]
The counterargument is that a past interpretation is impossible in the poetic example and grammatically strained in this verse. This perceived strain is the primary reason for preferring the future construction (as argued by al-Shanqīṭī), rather than it being a concession to al-Samīn’s preference.
Ultimately, the past supposition remains defensible. Because the "leaving" is an imagined scenario rather than an event that has already happened to the people addressed, the fear logically takes place before the separation, an explanation of approaching death supported by Ibn al-Munayyir. This is the construction retained here, while the future construction remains a supported alternative. And Allah knows best.
مِنْ خَلْفِهِمْ: what “behind them” describes
“Behind them,” مِنْ خَلْفِهِمْ (min khalfihim), can describe either the leaving or the children left behind. Attached to the verb, it completes the thought “they left behind them”: the children remain after their death. This is the Dār al-Ṣaḥābah analysis.[29]
On the alternative analysis, the phrase describes the offspring’s state: children “being behind them.” Grammatically this is a حَال (ḥāl), a description of a state. A phrase following the indefinite noun “offspring” could function as its adjective; placed before that noun, it is instead analysed as a state, with “being” understood. Al-Samīn gives both constructions and calls attachment to the verb clearer;[30] al-ʿUkbarī records both without choosing.[31]
The distinction changes what the phrase attaches to, but not the ordinary English “behind them.” In either analysis, the phrase pictures the parent as gone and the children as remaining. The wording pictures those who come immediately after their parents, as though standing behind them (al-Sāmarrāʾī).[32]
فَلْيَتَّقُوا: how the commands connect
The فَ (fāʾ) at the start of فَلْيَتَّقُوا (fa-l-yattaqū) connects the fear just described with the command to fear Allah. In the Dār al-Ṣaḥābah analysis, the command answers a condition left unspoken; the fāʾ links that implied condition to its answer. This gives the command a jussive grammatical position.[33] A second analysis takes the fāʾ as expressing consequence: taqwā should arise from the fear already awakened in them (Darwīsh).[34]
Both analyses explain why the verse moves from fear to taqwā. Feeling concern is the beginning; guarding one’s conduct is its completion. Al-Rāghib describes fear as the beginning of taqwā and taqwā as its end.[35] The order therefore calls for more than a feeling: the first command must lead to the second, since fear is of no use without that result (Ibn Kamāl Pāshā).[36]
The English “so let them fear Allah” can express either grammatical connection. The vowel of the lām of command is a separate matter of recitation, discussed under Qirāʾāt.
قَوْلًا سَدِيدًا: naming the act or what is said
Does قَوْلًا describe the act of speaking, or name what is spoken? As مفعول مطلق (mafʿūl muṭlaq), it is the action noun related to “speak,” with سَدِيدًا describing the kind of speech required. This is the Dār al-Ṣaḥābah analysis. As مفعول به (mafʿūl bihi), it is the object: the right word that is spoken, in Maḥmūd Ṣāfī’s analysis. The first describes the act; the second identifies its content. Both can be rendered “let them speak a right word,” and neither changes the duty to speak justly.[37]
4. Ṣarf: Roots and Word Formation
Ten words of the verse are built on a root. The table gives each one its root, its pattern and its inflection, and what the form adds to the sense; the paragraphs after it give what the lexicons say of the roots that decide the meaning. The particles, the relative pronoun and the pronouns have no root and are not given one.
| Form | Root | Pattern and inflection | What the form adds |
|---|---|---|---|
| يَخْشَ yakhsha |
خ ش ي | Form I imperfect of خَشِيَ (khashiya), third person masculine singular, in jazm by the lām of command, shown by the dropping of its final weak letter | "Fear": al-Rāghib associates khashya with reverence and knowledge; Riḍā questions whether that distinction applies in every usage |
| تَرَكُوا tarakū |
ت ر ك | فَعَلَ (faʿala), a bare triliteral verb in the perfect, third person masculine plural | "Left": letting a thing go; the same root gives تَرِكَة (tarika), the estate a person leaves at death |
| خَلْف khalf |
خ ل ف | فَعْل (faʿl), a noun of place, in jarr after مِنْ (min) | "Behind": the opposite of "in front" |
| ذُرِّيَّة dhurriyya |
ذ ر ر, ذ ر أ or ذ ر و, as the lexicons give it | فُعْلِيَّة (fuʿliyya) on the first derivation, with ḍamma on the dhāl and a kasra also read; singular in form and serving for the plural | "Offspring": at root the small ones among the children, used for one and for many |
| ضِعَاف ḍiʿāf |
ض ع ف | فِعَال (fiʿāl), a broken plural of ضَعِيف (ḍaʿīf) on فَعِيل (faʿīl), like ظِرَاف (ẓirāf) from ظَرِيف (ẓarīf); ضُعَفَاء (ḍuʿafāʾ) is the other regular plural | "Weak": the opposite of strong, in body, in judgement or in circumstances |
| خَافُوا khāfū |
خ و ف | فَعِلَ (faʿila), a hollow verb whose middle wāw becomes alif, perfect, third person masculine plural; the origin خَوِفَ (khawifa) with kasra on the middle letter, shown by the imperfect يَخَافُ (yakhāfu) | "Would fear for": fear of harm reaching another |
| يَتَّقُوا yattaqū |
و ق ي | Form VIII اِفْتَعَلَ (iftaʿala) of وَقَى (waqā), the wāw assimilated into the tāʾ; imperfect, third person masculine plural, in jazm by the dropping of its nūn | "Be mindful of Allah": take a shield against what one fears |
| يَقُولُوا yaqūlū |
ق و ل | Form I hollow verb, imperfect, third person masculine plural, in jazm by the dropping of its nūn | "Say" |
| قَوْلًا qawlan |
ق و ل | فَعْل (faʿl), a مَصْدَر (maṣdar), a noun naming the action, in naṣb | "A word": the verb's own noun made its object, as at 4:8 |
| سَدِيدًا sadīdan |
س د د | فَعِيل (faʿīl), a صِفَة مُشَبَّهَة (ṣifah mushabbahah), an adjective expressing a quality, from سدّ يسدّ, in naṣb | "Right": what hits the mark and stops a gap |
At its broadest, خَشْيَة (khashya) means fear and alarm, the sense given by Ibn Fāris.[1] A more specific explanation joins that fear with reverence and says that it usually arises from knowing what is feared (al-Rāghib).[2] Knowledge is usual in that account; a stronger explanation makes it necessary. Ibn ʿUthaymīn calls it the strongest form of dread and says that it occurs only with knowledge.[3]
Such fear can remain even when a person is presently safe. That qualification appears in al-Zuḥaylī’s explanation[4] and in al-Jazāʾirī’s phrase “fear in a place of safety.”[5]
Do reverence and knowledge, however, explain every use of خَشْيَة? A line of ʿAntara raises that difficulty. Rashīd Riḍā cites it in his objection:
وَلَقَدْ خَشِيتُ بِأَنْ أَمُوتَ وَلَمْ تَكُنْ ... لِلْحَرْبِ دَائِرَةٌ عَلَى ابْنَيْ ضَمْضَمِ“I feared that I might die before war had turned against the two sons of Ḍamḍam.”
The poet fears dying before the reversal he hopes for. Riḍā argues that this use expresses neither reverence nor knowledge of the kind just described. He therefore suggests that, if the two words differ, khashya is more nearly fear where there is hope.[6]
The root of تَرَكُوا (tarakū), “they left,” means letting a thing go (Ibn Fāris).[7] That can happen through choice or through necessity, the distinction made by al-Rāghib.[8] Death gives the word its estate-related sense: a person’s تَرِكَة (tarika) is what he leaves behind when he dies.[9] This is the sense relevant to the verse’s picture of children left after a parent. Whether the past form describes an imagined past situation or the approach of death is the separate grammatical question discussed above, including Ibn ʿĀshūr’s explanation of the event as drawing near.[10]
The letters خ ل ف cover three senses in Ibn Fāris’s account: succeeding something and taking its place, being behind rather than in front, and change.[11] The phrase “behind them” uses the second sense, also given by al-Rāghib.[12] It pictures the children who come immediately after their parents, as though standing behind them, an explanation drawn out by al-Sāmarrāʾī.[13]
The lexicons provide three derivations for ذُرِّيَّة (dhurriyya). The first links it to الذَّرّ (al-dharr), meaning "small ants," using the pattern فُعْلِيَّة. Under this derivation, the preferred reading uses a ḍamma (the vowel u) on the dhāl, though a kasra (the vowel i) is also permitted and has been read this way, an analysis provided by al-Zajjāj.[14] The root itself (dhāl and doubled rāʾ) conveys fineness and spreading, with dharr referring to small ants.[15] A second possible root, ذ ر أ, carries two meanings: a color tending toward white, and what is sown and planted, as outlined by Ibn Fāris.[16]
The third derivation, falling under the root ذ ر و, provides the sense most relevant to this verse. Fundamentally, dhurriyya refers to the small ones among the children, though in practice it applies to both young and grown children. It can mean a single child or many, since its origin is plural, a definition established by al-Rāghib.[17] The grammatical consequence is that the word already functions as a plural by its form, making further pluralization unnecessary. This verse itself serves as proof that the single word covers multiple children, an argument drawn by Makkī.[18] Finally, the verse pairs this noun with the adjective ضِعَافًا (ḍiʿāfan, weak), adding it to a word whose root sense already means the small ones to reinforce that original vulnerability.
The weakness in ضِعَافًا (ḍiʿāfan) is the opposite of strength. One reported distinction assigns ضُعْف (ḍuʿf, with the vowel u) to bodily weakness and ضَعْف (ḍaʿf, with a) to weakness of judgement or mind; Ibn Manẓūr records that distinction rather than giving the two forms different roots.[19] He also lists several plurals of ضَعِيف (ḍaʿīf): ḍuʿafāʾ, ḍaʿfā, ḍiʿāf, ḍaʿafa and ḍaʿāfā.[20]
The same consonants can express increase by an equal amount, or doubling, but that is a separate sense from weakness in Ibn Fāris’s account.[21] His entry on weakness includes both ḍuʿafāʾ and ḍiʿāf.[22] Weakness itself remains defined against strength,[23] and it can concern a person’s body, inner capacities or circumstances (al-Rāghib).[24]
The plural used here is therefore one of several attested forms, not a different kind of person. Several forms occur together in al-Zamakhsharī’s lexicon.[25] In particular, ḍiʿāf is a regular plural of ḍaʿīf and ḍaʿīfa, just as ẓirāf is formed from ẓarīf, as al-Zajjāj explains.[26] Why ḍuʿafāʾ is used in 2:266 and ḍiʿāf here is a question al-Zarkashī raises.[27]
What matters here is the children’s inability to protect their own interests. “Helpless, with no resource” is Saʿīd b. Jubayr’s explanation.[28] The examples include a small child, a person without sound mental capacity, or someone whose poor judgement leaves him unable to manage his affairs (Ibn ʿUthaymīn).[29]
A سَدِيد (sadīd) word is one that is right and hits its mark. The related سَدَاد (sadād) expresses correctness in speech,[30] while tasdīd concerns being guided to what is right in word and deed (Ibn Manẓūr).[31] The ordinary expression “I said to him sadād of speech” likewise means saying what is correct, as al-Zamakhsharī records.[32]
The connection with closing a gap helps explain this sense. Right speech removes what is amiss rather than leaving it unresolved (al-Rāghib).[33] The root سَدّ (sadd) names the removal of a gap; its use for speech and action points to straightness and correctness (Abū Ḥayyān).[34] The same connection explains the adjective as upright, like something that closes a gap (al-Samīn al-Ḥalabī),[35] or as a word that does not depart towards corruption (al-Ḥaddād).[36]
The form سَدِيد is a صِفَة مُشَبَّهَة (ṣifah mushabbahah), an adjective expressing a quality. Maḥmūd Ṣāfī connects it with سدّ يسدّ in the sense “to be upright in word and deed,” and allows both an active and a passive sense. Put simply, the adjective may describe speech as straight and right, or as rightly directed. Either gives the ordinary English “a right word”; the grammatical distinction does not change the duty to speak justly.[37]
The early explanations make that required quality plain: “a just word,” in the answer attributed to Ibn ʿAbbās رضي الله عنهما to Nāfiʿ b. al-Azraq,[38] and “the just and correct one” in al-Ṭabarī’s explanation.[39]
Al-Ālūsī illustrates the root’s concrete sense with a line he attributes to al-ʿArjī:
أضاعوني وأي فتى أضاعوا ... ليوم كريهة «وسداد» ثغر“They have cast me aside. What a young man they have cast aside, for a day of battle and the defence of a breach!”
Here سِدَاد, sidād, is what closes or defends a gap. The related expression for right speech concerns words that put a matter right rather than leave a fault in it. The poem illustrates that concrete sense of closing a gap.[40]
Written Form of ضِعَافًا
Al-Mārghanī, explaining the verse of Mawrid al-Ẓamʾān on the word, reports from Abū ʿAmr al-Dānī's al-Muqniʿ that the alif of ḍiʿāfan is omitted in the muṣḥaf, the written copy of the Qurʾān, the word written without the letter after the ʿayn.[41] The spelling is a matter of the written copy and does not touch the recitation.
5. Balāghah: Rhetorical Analysis
Six features of the verse's wording are explained by the rhetoricians and the commentators. Each is given with the ordinary way of saying the same thing, what the chosen wording does, and what the reader gains from it.
The unstated object of fear (الإِيجَاز بِالحَذْف, al-ījāz bi-l-ḥadhf)
Brevity by omission, الإِيجَاز بِالحَذْف (al-ījāz bi-l-ḥadhf), is the shortening of a sentence by leaving out a word the hearer understands from the context.
Where it is. خَافُوا عَلَيْهِمْ (khāfū ʿalayhim), "they would fear for them". The verb says whom the fear is for and never says what is feared.
The plain way. A full sentence would name the thing feared: they would fear poverty for them, or loss, or ill treatment. Any one of those words closes the sentence to the others.
What it does. The omission keeps the danger from being reduced to one item. Muḥyī al-Dīn Darwīsh names the device:
في الآية فن الإيجاز بالحذف، وهو هنا في حذف مفعول خافوا، لتذهب النفس في تقديره كل مذهب“The verse contains brevity by omission: here, the object of ‘they feared’ is omitted so that the mind may consider every possible object of that fear.”[1]
The open wording can gather loss, wandering and homelessness, with no one to provide for the children or manage their affairs.[2] It also allows each hearer to imagine the danger he fears most for his own offspring (Ibn ʿĀshūr).[3] The context can identify particular dangers without exhausting the wording: punishment, reproach and distance from the beloved are included in one explanation (Ibn ʿAjība),[4] while the surrounding passage gives the squandering of orphan property as another immediate danger (Ibn ʿUthaymīn).[5]
The effect. The verse does not tell the reader what a father fears for his children, because he already knows. For one it is hunger, for another the relative who will take the house, for another a daughter with no one to speak for her. The omission lets each hearer think of the danger he knows: whatever you would fear for yours, fear it for theirs.
Darwīsh illustrates that fear with a father’s concern for his daughters:
لقد زاد الحياة إليّ حبا ... بناتي إنهنّ من الضعاف أحاذر أن يرين البؤس بعدي ... وأن يشربن رنقا غير صاف وأن يعرين إن كسي الجواري ... فتنبو العين عن كرم عجاف ولولاهن قد سوّيت مهري ... وفي الرحمن للضعفاء كاف“My daughters have made life dearer to me, for they are among the weak. I fear that they will face hardship after me and drink muddied water, not clear; that they will go unclothed while other girls are clothed, and eyes will turn away from noble girls grown gaunt. Were it not for them, I would have readied my horse; yet in the Most Merciful the weak have One sufficient for them.”[6]
The poetry names several fears, not just a lost income: deprivation, exposure and humiliation. That is the breadth Darwīsh sees in leaving the object of fear unspoken.
“Left” for being on the point of leaving (المَجَاز, al-majāz)
Figurative use, المَجَاز (al-majāz), includes using a verb for being on the point of an act, drawing near to it or intending it. Here “left” can mean “were near to leaving” (al-Suyūṭī).[7]
Where it is. لَوْ تَرَكُوا مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَافًا (law tarakū min khalfihim dhurriyyatan ḍiʿāfan), "if they left behind them weak offspring". The verb is in the past, and the people it describes are alive to be addressed.
The plain way. Stated without the figure, the words would say "if they were about to leave behind them weak offspring". The verse says "left".
What it does. The person addressed is still alive, approaching the moment when his children will lose their guardian and provider. Understanding “left” as “were about to leave” places the fear at that moment (al-Zamakhsharī).[8]
The order of events explains the construction. The parent fears for the children before he dies; the fear cannot first arise after he has left them. Taking “left” to mean an already completed departure would put the fear before its own condition. The verb therefore describes approaching the act, not completing it (Ibn al-Munayyir).[9] Ibn ʿĀshūr expresses the same point briefly:
وَفِعْلُ (تَرَكُوا) مَاضٍ مُسْتَعْمَلٍ فِي مُقَارَبَةِ حُصُولِ الْحَدَثِ“The verb ‘left’ is a past form used for the approach of the event.”[10]
A different construction takes لَوْ (law) in the sense of إِنْ (in) and gives the past verb a future sense. The future event is expressed as though it had already happened, which makes the warning more immediate (al-Maydānī).[11] On this account, whoever does not fear Allah regarding other people's offspring may expect to leave children of his own and fear the wrong of whoever takes charge of them.[12] The Iʿrāb section retains the past supposition with “left” understood as being on the point of leaving; the future construction remains a distinct grammatical explanation.
The effect. The past form brings the threatened separation close. The hearer imagines approaching death and the children he is about to leave. He still has time to act, so the picture bears on how he treats another family’s children now.
The addressees are described, not named
Where it is. الَّذِينَ لَوْ تَرَكُوا ... خَافُوا عَلَيْهِمْ (alladhīna law tarakū ... khāfū ʿalayhim), "those who, if they left ... would fear for them". The verse does not say "let the guardians fear" or "let those at the bedside fear".
The plain way. al-Ṭībī states the ordinary alternative:
والأصل: وليخش الوصي أو من حضر المريض أو الوارث“The original expression would be: let the executor, whoever attends the sick man, or the heir fear.”[13]
What it does. al-Ṭībī explains the change:
فعدل إلى المذكور ليتصور تلك الحالة الصعبة ويستحضرها في نفسه فيرتدع“It turns instead to the description given, so that he pictures that difficult situation, brings it before himself, and is restrained.”[14]
A description can reach people in several roles at once. Those addressed by the preceding commands about orphans' property and the rights of vulnerable women and children can recognise themselves in it (Ibn ʿĀshūr).[15] The comparison then reverses their position: they imagine themselves in the place of the people they have wronged, and their own offspring in the place of the children whose rights they have consumed.[16]
The effect. The description asks the hearer to imagine vulnerable children left behind, rather than merely recognize the name of an office. The person need not already have young children: Ibn ʿĀshūr expressly includes those whose children have grown up, those past childbearing and those with no children. They too can imagine the situation.[17] That comparison helps explain the verse’s wider appeal, while the particular addressees remain the question examined above.
“Weak” and “behind them” deepen the appeal and imply a warning (تَعْرِيض, taʿrīḍ)
Where it is. ذُرِّيَّةً ضِعَافًا (dhurriyyatan ḍiʿāfan), "weak offspring", and مِنْ خَلْفِهِمْ (min khalfihim), "behind them".
The plain way. "if they left offspring" would make the point by itself. "Weak" is added, and "behind them" is stated although leaving is always behind.
What it does. Calling the offspring ضِعَافًا, “weak,” directs attention to their vulnerability and calls for compassion. The phrase مِنْ خَلْفِهِمْ, “behind them,” is then stated expressly rather than left understood. Its explicit mention intensifies the dread of the situation the hearer is asked to imagine. These are the two effects al-Ālūsī identifies.[18]
The comparison can also warn the wrongdoer through the fate he fears for his own family. The warning is that his children will meet the treatment he has inflicted on the children of others. This is the تَعْرِيض (taʿrīḍ), an indirect warning, identified by Ibn ʿĀshūr.[19]
The effect. The appeal brings together what a guardian wants for his own children and what he owes the orphans in his care. Imagining his children weak, alone and without protection makes the orphans' vulnerability harder to overlook. The concern he already feels for his own family becomes a reason to care for another's children. This movement from parental fear to compassion is what Sayyid Quṭb describes.[20]
Why لَوْ (law, “if”) rather than إِذَا (idhā, “when”)?
Where it is. لَوْ تَرَكُوا (law tarakū), "if they left".
The plain way. Fear for weak children seems certain: if a parent leaves them in that state, he will fear for them. Why, then, does the verse use لَوْ (law, “if”), the form of an unrealised supposition, rather than إِذَا (idhā, “when”)? The question rests on the distinction between a condition whose consequence is treated as established and one whose consequence is denied (Ibn ʿArafa).
What it does. The answer he reports turns attention from the fear to what gives rise to it: the children being left weak. His words are لينتفي كون الذرية ضعافا, “so that the offspring's being weak is negated.” On this account, the state held out as unrealised is their weakness, the very condition that would cause the parent's fear.[21]
The effect. This explanation draws attention to the children's vulnerable condition. Rather than treat their being left weak as an ordinary expected outcome, it presents that condition as one to be averted. The concern is for how the children are left, not for preventing the parent's death.
The three commands run from the heart to speech
Where it is. وَلْيَخْشَ ... فَلْيَتَّقُوا اللَّهَ وَلْيَقُولُوا قَوْلًا سَدِيدًا (wa-l-yakhsha ... fa-l-yattaqū Allāha wa-l-yaqūlū qawlan sadīdan), "let them fear ... let them be mindful of Allah and let them speak a right word".
The plain way. the verse could have commanded the right word alone. Instead, it first addresses the fear and taqwā from which right conduct and speech should follow.
What it does. Abū Ḥayyān explains:
وَانْظُرْ إِلَى حُسْنِ تَرْتِيبِ هَذِهِ الْأَوَامِرِ حَيْثُ بَدَأَ أَوَّلًا بِالْخَشْيَةِ الَّتِي مَحَلُّهَا الْقَلْبُ وَهِيَ الِاحْتِرَازُ مِنَ الشَّيْءِ بِمُقْتَضَى الْعِلْمِ، وَهِيَ الْحَامِلَةُ عَلَى التَّقْوَى، ثُمَّ أَمَرَ بِالتَّقْوَى ثَانِيًا وَهِيَ مُتَسَبِّبَةٌ عَنِ الْخَشْيَةِ، إِذْ هِيَ جَعْلُ الْمَرْءِ نَفْسَهُ فِي وِقَايَةٍ مِمَّا يَخْشَاهُ. ثُمَّ أَمَرَ بِالْقَوْلِ السَّدِيدِ، وَهُوَ مَا يَظْهَرُ مِنَ الْفِعْلِ النَّاشِئِ عَنِ التَّقْوَى النَّاشِئَةِ عَنِ الْخَشْيَةِ. وَلَا يُرَادُ تَخْصِيصُ الْقَوْلِ السَّدِيدِ فَقَطْ، بَلِ الْمَعْنَى عَلَى الْفِعْلِ وَالْقَوْلِ السَّدِيدَيْنِ. وَإِنَّمَا اقْتَصَرَ عَلَى الْقَوْلِ السَّدِيدِ لِسُهُولَةِ ذَلِكَ عَلَى الْإِنْسَانِ، كَأَنَّهُ قِيلَ: أَقَلُّ مَا يُسْلَكُ هُوَ الْقَوْلُ السَّدِيد“Look at the fine order of these commands. It begins with fear, whose place is the heart: guarding against something in accordance with knowledge. This is what leads to taqwā. It then commands taqwā, which arises from fear, since it means placing oneself under protection from what one fears. It then commands right speech, the outward action arising from taqwā, which itself arises from fear. Right speech alone is not intended: the meaning includes both right action and right speech. Speech alone is mentioned because it is easy for a person, as though it were said: the least course to take is right speech.”[22]
The effect. The commands connect inward concern with what a person does and says. Fear for vulnerable children should lead to taqwā in dealing with their rights, and that care must also govern the advice or reassurance they hear. As Abū Ḥayyān explains, the final command includes right conduct; it does not let a guardian replace responsible action with comforting words.
6. Qirāʾāt: Variant Readings
ضِعَافًا: the transmission from Ḥamza
Ibn al-Jazarī records the reading of ضِعَافًا, “weak,” with إِمَالَة (imālah, inclining the long vowel):
وَتَقَدَّمَتْ إِمَالَةُ ضِعَافًا لِخَلَفٍ عَنْ حَمْزَةَ وَبِخِلَافٍ عَنْ خَلَّادٍ فِي بَابِهَا“The imālah of ضِعَافًا for Khalaf from Ḥamza, and with a difference reported from Khallād, has already been discussed in its chapter.”[1]
Muḥammad Muḥaysin, explaining the corresponding line in Ibn al-Jazarī’s poem, identifies the two transmitters:
وهما: «خلاد» بخلف عنه، و «خلف» عن «حمزة»“They are Khallād, with a difference reported from him, and Khalaf from Ḥamza.”[2]
Al-ʿUlaymī likewise reports imālah from Ḥamza, with a difference from Khallād.[3]
| Word and form | Reader and transmission | Standing and qualification | Meaning |
|---|---|---|---|
| ضِعَافًا with imālah | Khalaf transmitting from Ḥamza | Among the Ten, as recorded in al-Nashr | “Weak”; the vowel does not change the meaning |
| ضِعَافًا with imālah | Khallād transmitting from Ḥamza | Among the Ten; Ibn al-Jazarī reports a difference within Khallād’s transmission without detailing its individual paths in this entry | “Weak”; the meaning is unchanged |
Khalaf is named here as Ḥamza’s transmitter, rather than for his separate reading as the tenth imam.
خَافُوا in al-Fārisī’s account
Abū ʿAlī al-Fārisī attributes the imālah of خَافُوا, “they feared,” to Ḥamza, as well as that of ضِعَافًا:
وكذلك: خافوا بإمالة الخاء“Likewise, خَافُوا with imālah of the khāʾ.”[4]
How the sources explain the forms. Al-Fārisī relates the imālah in ضِعَافًا to the kasra before its long vowel. He discusses why it can occur despite the emphatic ض: the movement is from that consonant towards the lower vowel, rather than from a lower sound towards an emphatic consonant.[5] For خَافُوا he points to the kasra that appears when the verb changes form.[6] Abū Ḥayyān gives خِفْتُ, “I feared,” as the example.[7]
The supporting accounts identify the same two reasons. Al-Wāḥidī explains the kasra in ضِعَافًا and the verb’s changing form in خَافُوا.[8] Al-Samīn likewise relates the first to its kasra,[9] and the second to the underlying خَوِفَ.[10] Al-ʿUkbarī records the open vowel and imālah as alternatives in both words;[11] al-Ālūsī repeats his explanation.[12]
| Word and form | Reader named | Transmission and classification in the cited account | Meaning |
|---|---|---|---|
| خَافُوا with imālah | Ḥamza, according to al-Fārisī and Abū Ḥayyān | Reported as Ḥamza’s reading; these statements do not identify its narrators or individual paths, or give a separate canonical-status classification | “They feared”; the vowel does not change the meaning |
Al-Fārisī’s explanations concern the recited vowels in ضِعَافًا and خَافُوا, not a different meaning for either word.
The lām of command in Abū Ḥayyān’s account
The following reports concern the vowel of the lām of command before the three verbs. Abū Ḥayyān writes:
وَقَرَأَ الزُّهْرِيُّ وَالْحَسَنُ وَأَبُو حَيْوَةَ وَعِيسَى بْنُ عُمَرَ: بِكَسْرِ لَامِ الْأَمْرِ فِي: وَلِيَخْشَ، وَفِي: فَلِيَتَّقُوا، وَلِيَقُولُوا. وَقَرَأَ الْجُمْهُورُ: بِالْإِسْكَانِ
Al-Samīn explains both. The majority's sukūn, the lām left without a vowel, وَلْيَخْشَ (wa-l-yakhsha), is the lām of command, and the verb after it is in jazm by it;[14] the kasra of al-Ḥasan and ʿĪsā b. ʿUmar, وَلِيَخْشَ (wa-li-yakhsha), is the vowel the lām has at its origin, and the sukūn is a lightening of it, the separate lām treated as if it were joined to the verb.[15]
| Form of the command lām | Readers named by Abū Ḥayyān | Classification in this passage | Effect on meaning |
|---|---|---|---|
| Sukūn: وَلْيَخْشَ, فَلْيَتَّقُوا, وَلْيَقُولُوا | The majority | No canonical/noncanonical classification is stated here | The three commands remain “let them fear,” “let them have taqwā,” and “let them speak” |
| Kasra: وَلِيَخْشَ, فَلِيَتَّقُوا, وَلِيَقُولُوا | Al-Zuhrī, al-Ḥasan, Abū Ḥaywa and ʿĪsā b. ʿUmar | Reported by name, without a canonical/noncanonical classification here | The same three commands; the vowel does not change their meaning |
Further plural forms reported by the commentators
The commentators record further plurals of ضَعِيف, “weak.” Their named attributions and qualifications differ:
| Reported form | Who is named | Classification and qualification in the source | Meaning |
|---|---|---|---|
| ضُعَفَاءَ, ḍuʿafāʾa | ʿĀʾisha رضي الله عنها, al-Sulamī, al-Zuhrī, Abū Ḥaywa and Ibn Muḥayṣin | Abū Ḥayyān reports it without a canonical/noncanonical classification and identifies a regular plural pattern, like ظُرَفَاء from ظَرِيف.[16] | “Weak,” as a plural |
| ضُعُفًا, ḍuʿufan | Ibn Muḥayṣin | Abū Ḥayyān specifies ḍamma on both the ḍād and the ʿayn, without a canonical/noncanonical classification.[17] | “Weak,” as a plural |
| ضَعَافَى and ضُعَافَى, ḍaʿāfā and ḍuʿāfā | No reader named in the cited statement | Abū Ḥayyān records them with imālah, comparing them with سَكَارَى and سُكَارَى, without classifying their standing.[18] Al-Samīn’s reservation about the ḍamma form is explained below. | Both are presented as plurals meaning “weak” |
Al-Samīn also gives ضُعُفًا to Ibn Muḥayṣin and ضُعَفَاءَ to al-Sulamī and ʿĀʾisha رضي الله عنها, explaining the latter as a regular plural of an adjective on فَعِيل.[19]
The qualification concerning ضُعَافَى matters. Al-Zamakhsharī lists it with the other forms.[20] Al-Samīn considers whether that wording indicates a different first vowel or different treatment of the final vowel. Although he finds the first explanation more apparent, he judges it more likely that the ḍamma form was not transmitted as a reading.[21] Al-Ālūsī and Abū al-Suʿūd list the three additional plural forms without assigning them to readers.[22]
The lexical explanation remains “weak”: these are discussed as plural forms of the same adjective. The unassigned or questioned forms must not be presented as securely established readings merely because a commentator lists them.
Appendix: Islamic Estate Planning Where Civil Succession Differs
Return to the main application
Terms Used in This Appendix
| Term | Plain meaning and Islamic connection |
|---|---|
| Estate: التَّرِكَة (tarikah) | The money, property and possessions someone leaves at death. It does not mean only land or a large house. If something is jointly owned, begin by identifying the deceased’s share. |
| Inheritance: المِيرَاث (mīrāth) or الإِرْث (irth) | What passes to those entitled to inherit after a death. In Islamic law, the heirs, الوَرَثَة (warathah), and their portions are determined by the rules of inheritance, not simply by whom the deceased preferred. |
| Will | A document stating what should happen to a person’s property after death and who should carry out the instructions. It may also name a proposed guardian for children. |
| Civil will | A will that meets the requirements of the applicable country or state. “Civil” refers to its legal recognition, not to a rejection of religion. The same document can be both a legally valid will and an Islamic will. |
| Bequest: وَصِيَّة (waṣiyyah) | A gift directed to take effect after death. This differs from a gift completed during life, هِبَة (hibah). English legal writing may also call a bequest a “legacy.” |
| Discretionary bequest | An extra gift the person chooses to leave, ordinarily to a non-heir or charity. “Discretionary” means chosen, not compulsory. The one-third limit and the heirs’ rights are explained under Shared principles. It does not mean that a person may freely choose everyone’s inheritance share. |
| Trust | A legal arrangement in which a trustee holds and manages property for the people meant to benefit, called beneficiaries. A living trust begins during the creator’s lifetime. Revocable means the creator can change or cancel it while legally capable. Its instructions can provide for Islamic distribution after death. |
| Executor | The person named in a will to carry out its instructions and deal with the estate, including debts and distribution. Court appointment may be required. Managing the estate does not make its property the executor’s own. |
| Probate | Court involvement in settling an estate, such as confirming a will and authorizing someone to pay debts and distribute property. The procedure varies by jurisdiction. Having a will does not necessarily avoid probate, and not every asset must pass through it.[1] |
1. Shared Principles
Arrange the rights, not just the paperwork. Mufti Muḥammad ibn Adam’s ruling arose from a British family whose father died without an Islamic will. He requires Muslims to arrange Islamic distribution rather than leave their estates to a different civil allocation. The arrangements must also meet the legal requirements that allow them to operate.[1]
Begin with ownership and debts. Answering an American couple, Dr Hatem al-Haj distinguishes the deceased’s property from a spouse’s property, completed gifts and agreed ownership arrangements. Only the deceased’s portion enters that person’s inheritance. Obligations and other people’s rights must also be recorded so that they are not lost.[2]
A civil will is not the discretionary third. A will may direct Islamic distribution of the estate. A وَصِيَّة, a discretionary bequest, is an additional gift after death, ordinarily to a non-heir or charity. The one-third limit on that gift does not restrict Islamic estate planning to a third of the property. Nor must a third always be donated. The heirs receive what remains after the relevant expenses, debts and valid bequests; their identities and shares are established at death.[3]
An extra bequest to an heir, or one beyond the third, requires the affected heirs’ valid consent. Ibn ʿUthaymīn requires post-death consent from competent adults, limited to their own portions. Adults cannot surrender a child’s share to make a family settlement easier.[4]
2. United States: Make the Instructions Work
Muslim estate-planning attorneys have developed ways to incorporate Islamic inheritance into American legal documents. They generally recommend a revocable living trust with an express statement of the client’s Islamic intentions and provisions for identifying the heirs and their shares at death. This is a practical approach to implementing the religious obligation, not a new set of inheritance shares.[1]
Consider the whole arrangement. A trust holds property under instructions for its management and distribution. It can work alongside a will, which remains useful for matters such as nominating a child’s guardian and dealing with property left outside the trust. Alameda County’s court guidance explains that trust property can be distributed without probate authorization for that distribution; property passing through a will may still require probate.[2]
Signing documents is only part of the task. Assets must actually be placed under the trust through the appropriate ownership arrangements. Retirement benefits require separate attention to beneficiary designations. For most 401(k) and similar defined-contribution plans, the Department of Labor identifies protections for the surviving spouse and prescribed consent requirements when another beneficiary is selected.[3]
Distinguish enforceable instructions from a request. Yaser Ali describes arrangements in which the survivor receives assets and a nonbinding letter asks for further Islamic distributions. He warns that the intended result may fail if the survivor does not act, including because of incapacity. Ask the lawyer what each document legally secures and what still depends on somebody’s later willingness.[4]
Plan for the children’s care as well as their money. Who will raise them if neither parent can do so? Who will manage their inheritance? Those are separate responsibilities. Nominate capable people who share the family’s values, with alternatives if they cannot serve. A nomination is not an automatic appointment. California’s guidance distinguishes guardianship of the child from guardianship of the child’s estate and requires the money to be managed in the child’s interests.[5]
Address the surviving spouse’s position before signing. The home, its ownership and the survivor’s ability to remain there deserve an explicit discussion. State law may also give the spouse protected rights that a contrary will cannot simply remove. Continued residence is a planning question; New York’s right of election provides one concrete example of a civil protection requiring separate attention.[6]
The useful next step is to bring the family circumstances, property documents and beneficiary arrangements to a lawyer competent in the applicable state’s estate law, with qualified Islamic guidance where needed. The resources below provide fuller explanations.
3. Europe: The Jurisdiction Matters
A document suitable in one country should not be copied unchanged into another. The following differences affect how an Islamic distribution can be arranged:
| Jurisdiction | Principal consideration |
|---|---|
| England and Wales | A valid will can specify beneficiaries and proportions, but certain family members and dependants may seek reasonable financial provision through the courts.[1] |
| Scotland | A surviving spouse or civil partner and children have protected “legal rights” in the net moveable estate, such as money and investments, even where there is a contrary will.[2] |
| France | Where French succession law applies, children have a reserved portion of the estate. Their protected entitlement must be considered when preparing the proposed distribution.[3] |
| Germany | Certain close relatives can claim a compulsory monetary portion if excluded or left less than their protected entitlement.[4] |
For cross-border estates, the EU succession rules used by participating states generally begin with the deceased’s last habitual residence. A person can generally choose the law of a nationality they hold, including a non-EU nationality. This is a choice of national law, not an unrestricted choice to apply “Sharīʿah law.” Public-policy limits may affect particular provisions; Denmark and Ireland do not participate in this scheme. Nationality, residence and property locations therefore need to be considered together.[5]
4. India: Do Not Assume That a Will Must Introduce Muslim Inheritance
Section 2 of the Muslim Personal Law (Shariat) Application Act 1937 recognizes Muslim personal law for intestate succession within its scope. “Intestate” means without a will. For many Muslim families, therefore, the personal-law route already exists.[1]
The first task is to establish whether it governs this family and these assets. Important qualifications include:
- Agricultural land: the central Act contains an exception, and the relevant state amendments and land law must be checked.[2]
- Special Marriage Act: section 21 directs succession for parties married under that Act and their issue to the Indian Succession Act. Section 21A does not provide a general Muslim exception. The actual marriage and registration route matters.[3]
- Uttarakhand: its Uniform Civil Code includes succession and applies to the residents it covers, including those living outside the state, with specified exclusions. Families within its scope need advice under that system.[4]
A bank nominee is not necessarily the person entitled to keep the money. The RBI’s deceased-customer directions preserve the legal heirs’ claims when a covered deposit is paid to a nominee. Naming one child as nominee does not, by itself, give that child the whole deposit as inheritance.[5]
5. Preparing for Advice
Bring the family details, ownership documents, account and retirement-benefit designations, debts, existing wills or trusts, and any overseas property information. Identify who could administer the estate and care for children, with alternatives.
Ask three questions: Who is entitled? What will each document actually do? What remains to be completed? Keep the documents accessible to those who will need them and review them after significant family or property changes.[1]
Further Resources
- AMJA: 2024 recommendations, items 91–94, on inheritance, bequests and arranging distribution abroad; inheritance workshop information, with Hatem al-Haj and Yaser Ali, and a mosque-hosted link to the recording.
- Yaser Ali and Martin Shenkman: Estate Planning for the Muslim Client: webinar and presentation slides. The detailed presentation is directed principally to professional advisers.
- Ahmed Shaikh: Guide to Islamic Estate Planning, with further explanations of trusts, guardianship and related family circumstances.
Notes
Summary
Ibn al-ʿArabī, Aḥkām al-Qurʾān, 1/429. Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252. al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, all the early meanings admitted. Muftī Muḥammad Shafīʿ, Maʿārif al-Qurʾān, 334. al-Suyūṭī, al-Iklīl fī Istinbāṭ al-Tanzīl, 80, both settings together. ↩
al-Ṭabarī, Jāmiʿ al-Bayān, 6/451, Ibn ʿAbbās رضي الله عنهما through al-ʿAwfī. Muḥammad Ashraf ʿAlī al-Malībārī grades this isnād weak in his note to Ibn al-Jawzī, Nawāsikh al-Qurʾān, 2/350. al-Baghawī, Maʿālim al-Tanzīl, 1/573, al-Kalbī for the guardians. Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222. al-Marāghī, Tafsīr al-Marāghī, 4/193. Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/58. al-Zuḥaylī, al-Tafsīr al-Munīr, 4/268. Sayyid Quṭb, In the Shade of the Qurʾān, 39.↩
al-Ṭabarī, Jāmiʿ al-Bayān, 6/447, Ibn ʿAbbās رضي الله عنهما by the route of ʿAlī b. Abī Ṭalḥa. al-Ṭabarī, Jāmiʿ al-Bayān, 6/448, Qatāda. al-Ṭabarī, Jāmiʿ al-Bayān, 6/448, al-Suddī. al-Ṭabarī, Jāmiʿ al-Bayān, 6/449, Saʿīd b. Jubayr, asked by Ḥabīb b. Abī Thābit and al-Ḥakam b. ʿUtayba. al-Ṭabarī, Jāmiʿ al-Bayān, 6/449, al-Ḍaḥḥāk. al-Ṭabarī, Jāmiʿ al-Bayān, 6/449, Mujāhid. al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/370, al-Ḥasan among those who apply the verse to the bedside setting.
Ḥikmat Bashīr Yāsīn grades al-Ṭabarī’s isnād through ʿAlī b. Abī Ṭalḥa from Ibn ʿAbbās ḥasan and its isnād from Qatāda ḥasan (al-Ṣaḥīḥ al-Masbūr, 2/11–12). He grades al-Ṭabarī’s isnād through Ibn Abī Najīḥ from Mujāhid ṣaḥīḥ (Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, ed. Ḥikmat Bashīr Yāsīn, Dār Ibn al-Jawzī, 3/23, note 4).↩
Historical Context
al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52. ↩
Ibn Abī Ḥātim, Tafsīr al-Qurʾān al-ʿAẓīm, ed. Asʿad Muḥammad al-Ṭayyib, no. 4869, 3/876–877, from Ibn ʿAbbās رضي الله عنهما through ʿAlī b. Abī Ṭalḥa. Ḥikmat Bashīr Yāsīn grades this isnād ḥasan (al-Ṣaḥīḥ al-Masbūr, 2/11–12) and describes it as thābit in his note to Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, Dār Ibn al-Jawzī, 3/23, note 3.↩
al-Ṭabarī, Jāmiʿ al-Bayān, 6/449, Saʿīd b. Jubayr, asked by Ḥabīb b. Abī Thābit and al-Ḥakam b. ʿUtayba. ↩
al-Ṭabarī, Jāmiʿ al-Bayān, 6/450, Miqsam, answering Ḥabīb b. Abī Thābit, who had put Saʿīd b. Jubayr's answer to him. ↩
Ibn al-Mundhir, Tafsīr Ibn al-Mundhir, 2/585. ↩
Al-Bukhārī, Ṣaḥīḥ al-Bukhārī, al-Sulṭāniyyah printing, no. 4409, 5/178, from Saʿd b. Abī Waqqāṣ رضي الله عنه through his son ʿĀmir.↩
Understanding the Verse
Ibn al-ʿArabī, Aḥkām al-Qurʾān, 1/429; Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
Ibn Abī Ḥātim, Tafsīr al-Qurʾān al-ʿAẓīm, ed. Asʿad Muḥammad al-Ṭayyib, nos. 4869 and 4874, 3/876–877, from Ibn ʿAbbās رضي الله عنهما through ʿAlī b. Abī Ṭalḥa; Ibn al-Mundhir, Tafsīr Ibn al-Mundhir, 2/586, from Qatāda through Maʿmar.↩
al-Rāzī, Mafātīḥ al-Ghayb, 9/505, reporting al-Qāḍī ʿAbd al-Jabbār; al-Nīsābūrī, Gharāʾib al-Qurʾān wa-Raghāʾib al-Furqān, 2/357; Ibn Kamāl Pāshā, Tafsīr Ibn Kamāl Bāshā, 3/24; Ibn Juzayy, al-Tashīl li-ʿUlūm al-Tanzīl, 2/15. ↩
al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/372; Muftī Muḥammad Shafīʿ, Maʿārif al-Qurʾān, 334; Muḥammad ʿAlī al-Sāyis, Tafsīr Āyāt al-Aḥkām, 225. ↩
al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, all the early meanings admitted; Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
Muḥammad ʿAlī al-Sāyis, Tafsīr Āyāt al-Aḥkām, 225. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
al-Ṭabarī, Jāmiʿ al-Bayān, 6/452; al-Ṭabarī, Jāmiʿ al-Bayān, 6/453. ↩
al-Zuḥaylī, al-Tafsīr al-Munīr, 4/268. ↩
al-Zamakhsharī, al-Kashshāf, 1/478; Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/59. ↩
Ibn Abī Ḥātim, Tafsīr al-Qurʾān al-ʿAẓīm, ed. Asʿad Muḥammad al-Ṭayyib, no. 4872, 3/877, from Saʿīd b. Jubayr through ʿAṭāʾ b. Dīnār.↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252. ↩
al-Rāghib al-Iṣfahānī, al-Mufradāt, 283, under khashya. Rashīd Riḍā objects that Arabic usage does not always include reverence or knowledge, citing ʿAntara’s use of the word for fear of death. Tafsīr al-Manār, 4/322. ↩
Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/61. ↩
Al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52, quoting and endorsing Ibn ʿAṭiyya’s distinction; al-Shawkānī, Fatḥ al-Qadīr, 1/494, repeating that endorsement. ↩
Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/59, taqwā defined. ↩
Muḥyī al-Dīn Darwīsh, Iʿrāb al-Qurʾān wa-Bayānuh, 2/165. ↩
al-Rāghib al-Iṣfahānī, Tafsīr al-Rāghib al-Iṣfahānī, 3/1116; Ibn Kamāl Pāshā, Tafsīr Ibn Kamāl Bāshā, 3/25. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530; al-Samīn al-Ḥalabī, ʿUmdat al-Ḥuffāẓ, 2/183, under sadīd. ↩
ʿĀʾisha ʿAbd al-Raḥmān, Bint al-Shāṭiʾ, al-Iʿjāz al-Bayānī li-l-Qurʾān wa-Masāʾil Ibn al-Azraq, 458. ↩
Ibn Abī Ḥātim, Tafsīr al-Qurʾān al-ʿAẓīm, ed. Asʿad Muḥammad al-Ṭayyib, no. 4878, 3/878, from al-Ḥasan through Mubārak.↩
Ibn al-Mundhir, Tafsīr Ibn al-Mundhir, 2/586. ↩
Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/60. ↩
al-Zamakhsharī, al-Kashshāf, 1/478; al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52; Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222; al-Zuḥaylī, al-Tafsīr al-Munīr, 4/268. ↩
al-Zamakhsharī, al-Kashshāf, 1/478; al-Zuḥaylī, al-Tafsīr al-Munīr, 4/263. ↩
al-Zuḥaylī, al-Tafsīr al-Munīr, 4/268. ↩
al-Zamakhsharī, al-Kashshāf, 1/478; Ibn Abī Ḥātim, Tafsīr al-Qurʾān al-ʿAẓīm, 3/878; ʿAbd al-Razzāq, Tafsīr ʿAbd al-Razzāq, 1/440. ↩
al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/53; al-Samarqandī, Baḥr al-ʿUlūm, 1/284. ↩
Thematic Connections in the Qurʾān
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252. ↩
Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222. ↩
The plurals are ضُعَفَاءُ in 2:266 and ضِعَافًا in 4:9. al-Zarkashī, al-Burhān fī ʿUlūm al-Qurʾān, 4/21. ↩
al-Zuḥaylī, al-Tafsīr al-Munīr, 4/264. ↩
al-Maydānī, al-Balāgha al-ʿArabiyya, 1/476. ↩
Gems and Subtleties
Al-Ṭībī explains that the description makes the hearer picture the difficult situation for himself, restraining him. al-Ṭībī, Futūḥ al-Ghayb fī al-Kashf ʿan Qināʿ al-Rayb, 4/451. ↩
Muḥyī al-Dīn Darwīsh, Iʿrāb al-Qurʾān wa-Bayānuh, 2/165. ↩
Ibn ʿAjība gives the possible objects of fear as punishment, reproach or separation from the beloved. Ibn ʿAjība, al-Baḥr al-Madīd fī Tafsīr al-Qurʾān al-Majīd, 1/469. ↩
al-Zamakhsharī, al-Kashshāf, 1/478; Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
al-Maydānī, al-Balāgha al-ʿArabiyya, 1/476. ↩
Al-Shanqīṭī connects this verse with this account of pre-Islamic fear for daughters. al-Shanqīṭī, al-ʿAdhb al-Namīr, 4/138. ↩
Al-Bukhārī, Ṣaḥīḥ al-Bukhārī, al-Sulṭāniyyah printing, no. 13, 1/12, Book of Faith, from Anas b. Mālik رضي الله عنه. Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252, connects this hadith with the verse.↩
Al-Kiyā al-Harrāsī tells the adviser not to recommend what he would not do if death came to him. al-Kiyā al-Harrāsī, Aḥkām al-Qurʾān, 2/335. ↩
Al-Sakhāwī asks the heir at the bedside to imagine himself as the dying person and prevent an excessive bequest. al-Sakhāwī, Tafsīr al-Qurʾān al-ʿAẓīm, 1/168. ↩
Al-Zamakhsharī applies the comparison to heirs at the division: had these been their own children left needy, they would have feared deprivation for them. al-Zamakhsharī, al-Kashshāf, 1/478. ↩
Al-Ṭabarī, Jāmiʿ al-Bayān, ed. ʿAbd Allāh b. ʿAbd al-Muḥsin al-Turkī, 6/452, from al-Saybānī through Ibrāhīm b. ʿAṭiyya b. Rudayḥ, his uncle Muḥammad b. Rudayḥ, and Muḥammad’s father. The account took place in the days of Maslama b. ʿAbd al-Malik; Ibn Muḥayrīz and Hāniʾ b. Kulthūm were also present. Al-Saybānī addresses Ibn al-Daylamī as Abū Bishr. Biographical sources: al-Mizzī, Tahdhīb al-Kamāl, 31/480–483, no. 6893; Ibn Ḥajar, Tahdhīb al-Tahdhīb, entry “ʿAbd Allāh b. Fayrūz al-Daylamī”; al-Mizzī’s identification of his father as a Companion in the same biographical entry.↩
Al-Māwardī, al-Nukat wa-l-ʿUyūn, 1/457, attributing this interpretation to Abū Bishr Ibn al-Daylamī.↩
Providing for the Family We Will Leave Behind
AMJA, Recommendations of the Twentieth Imams’ Conference, 2024, item 94. ↩
Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222; al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, Abū Ḥanīfa's ruling. ↩
Islam Q&A, “Ruling on bequests (wasiyyah),” answer 111834, responding to a person preparing for surgery and quoting the Permanent Committee for Iftāʾ on documented obligations and voluntary bequests. ↩
al-Ṭarīfī, al-Tafsīr wa-l-Bayān li-Aḥkām al-Qurʾān, 2/735. ↩
Al-Bayhaqī, al-Sunan al-Kubrā, ed. al-Turkī, 13/31, from Ibn ʿAbbās رضي الله عنهما through ʿAlī b. Abī Ṭalḥa.↩
GOV.UK, “Make sure your will is legal” and “Update your will”, accessed 13 September 2026. These are the ordinary formal requirements described for England and Wales; the practical appendix distinguishes other jurisdictions. ↩
Miqsam describes visitors who tell a dying man to preserve everything for his children, although they would have wanted a bequest had they been the other relatives. al-Ṭabarī, Jāmiʿ al-Bayān, 6/450, Miqsam, answering Ḥabīb b. Abī Thābit, who had put Saʿīd b. Jubayr's answer to him; Al-ʿIzz b. ʿAbd al-Salām includes discouraging a bequest to relatives among the settings of the verse. al-ʿIzz b. ʿAbd al-Salām, Tafsīr al-Qurʾān, 1/306. ↩
al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52, quoting Ibn ʿAṭiyya's reconciliation. ↩
al-Ṭabarī, Jāmiʿ al-Bayān, 6/451; al-Zuḥaylī, al-Tafsīr al-Munīr, 4/260. ↩
Al-Ālūsī includes repentance, the testimony of faith and a good opinion of Allah among the visitor’s right words. al-Ālūsī, Rūḥ al-Maʿānī, 2/424. ↩
al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/53; al-Samarqandī, Baḥr al-ʿUlūm, 1/284. ↩
Common Misconceptions
Al-Bukhārī, Ṣaḥīḥ al-Bukhārī, al-Sulṭāniyyah printing, no. 4409, 5/178. Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222.↩
Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222, reporting the jurists' distinction between wealthy and poor heirs; al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, Abū Ḥanīfa's ruling; al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52, quoting Ibn ʿAṭiyya's reconciliation and endorsing its distinction. ↩
Islam Q&A, answer 140278, 24 January 2010. If only some heirs consent, the permission affects their portions, not those of heirs who have not consented. ↩
al-Ālūsī, Rūḥ al-Maʿānī, 2/423; al-Rāzī, Mafātīḥ al-Ghayb, 9/505; Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222, Ibn ʿAbbās رضي الله عنهما on the third. ↩
The Questions This Verse Raises
Al-Ṭabarī, Jāmiʿ al-Bayān, ed. ʿAbd Allāh b. ʿAbd al-Muḥsin al-Turkī, 6/446–447, from Ibn ʿAbbās رضي الله عنهما through ʿAlī b. Abī Ṭalḥa. In one account, the person hearing a harmful bequest must guide the testator and consider his heirs as he would his own. In the other, those present must not urge him to spend his wealth in charity, manumission and Allah’s way. Ibn Abī Ḥātim records both accounts (Tafsīr al-Qurʾān al-ʿAẓīm, ed. Asʿad Muḥammad al-Ṭayyib, nos. 4869 and 4874, 3/876–877). Ibn al-Mundhir records the harmful-bequest account (Tafsīr Ibn al-Mundhir, 2/584). Al-Bayhaqī’s longer account tells the adviser to have the person declare his assets and debts and bequeath a fifth or quarter to relatives who do not inherit (al-Sunan al-Kubrā, ed. al-Turkī, 13/31).↩
Qatāda: whoever attends a dying man should command him justice and kindness and forbid him wrong; and, in Maʿmar's report, when you attend the bequest of a dying man, command him what you would command yourself (al-Ṭabarī, Jāmiʿ al-Bayān, 6/448, Qatāda; ʿAbd al-Razzāq, Tafsīr ʿAbd al-Razzāq, 1/440; Ibn al-Mundhir, Tafsīr Ibn al-Mundhir, 2/586). Ḥikmat Bashīr Yāsīn grades al-Ṭabarī’s isnad from Qatāda ḥasan, al-Ṣaḥīḥ al-Masbūr, 2/11.
Al-Suddī: when people attend the bequest they should not say "bequeath all your wealth and send it ahead for yourself, Allah will provide for your dependants"; let each fear for the dependants of his Muslim brother what he would fear for his own, and speak the right word (al-Ṭabarī, Jāmiʿ al-Bayān, 6/448, al-Suddī).
Saʿīd b. Jubayr, when Ḥabīb b. Abī Thābit and al-Ḥakam asked him about the verse, gave the scene: a dying man to whom those present say "fear Allah, keep ties with them, give to them" (al-Ṭabarī, Jāmiʿ al-Bayān, 6/449, Saʿīd b. Jubayr, asked by Ḥabīb b. Abī Thābit and al-Ḥakam b. ʿUtayba); in Sufyān al-Thawrī's Tafsīr his answer names the people addressed, "the witnesses who attend him" (Sufyān al-Thawrī, Tafsīr Sufyān al-Thawrī, 89, Saʿīd b. Jubayr's answer to Ḥabīb b. Abī Thābit); and Ibn al-Mundhir and ʿAbd al-Razzāq give the same report (Ibn al-Mundhir, Tafsīr Ibn al-Mundhir, 2/585; ʿAbd al-Razzāq, Tafsīr ʿAbd al-Razzāq, 1/439).
Al-Ḍaḥḥāk: let none of you who attends a bequest say "free slaves from your wealth" (al-Ṭabarī, Jāmiʿ al-Bayān, 6/449, al-Ḍaḥḥāk).
Tafsīr Mujāhid, 268, places the urging at a bequest: the person apportioning his wealth is told, “you gave too little, add to so-and-so.” Ḥikmat Bashīr Yāsīn grades al-Ṭabarī’s isnād through Ibn Abī Najīḥ from Mujāhid ṣaḥīḥ (Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, ed. Ḥikmat Bashīr Yāsīn, Dār Ibn al-Jawzī, 3/23, note 4). Al-Ṭabarī, Jāmiʿ al-Bayān, 6/449, and Ibn al-Mundhir, Tafsīr Ibn al-Mundhir, 2/585, give the setting as the division of the wealth.
Al-Ḥasan, whom al-Jaṣṣāṣ and Ibn al-Jawzī list with the six (al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/370; Ibn al-Jawzī, Zād al-Masīr, 1/376).
Mawsūʿat al-Tafsīr al-Maʾthūr, 6/96, no. 16476, quotes Muqātil b. Sulaymān’s explanation from Tafsīr Muqātil b. Sulaymān, 1/359–360: the bystanders urge the dying man to give until he exceeds the third, and the verse tells them to fear poverty and loss for his heirs and to speak justly without distorting the bequest. Ibn al-Jawzī also lists Muqātil among those giving the bedside interpretation (Zād al-Masīr, 1/376).
Ibn Wahb reports through Yaʿqūb from Zayd b. Aslam: the bystanders name the poor and the relatives, telling him to do good and not wrong his children, and Allah forbade them any other word (Ibn Wahb, Tafsīr al-Qurʾān min al-Jāmiʿ, 2/125, no. 248).
Mawsūʿat al-Tafsīr al-Maʾthūr, 6/93, no. 16461, records through Ismāʿīl b. Abī Khālid that Ḥakīm b. Jābir, when urged during his deathbed bequest to free his slave, recited this verse. The collection attributes the account to Ibn Abī Shaybah, al-Muṣannaf, ed. Muḥammad ʿAwwāma, 1/206, no. 31665.
ʿAbd al-Raḥmān b. Zayd b. Aslam (Ibn Zayd), for the right word under this position: it remembers the needy one and benefits him, and does not wrong the small orphan heir who cannot defend himself (al-Ṭabarī, Jāmiʿ al-Bayān, 6/453, Ibn Zayd).↩
Ibn Kathīr: so said Mujāhid and more than one (Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222). Al-Qurṭubī, Ibn ʿAṭiyya and Abū Ḥayyān name the same six, Ibn ʿAbbās رضي الله عنهما, Qatāda, al-Suddī, Saʿīd b. Jubayr, al-Ḍaḥḥāk and Mujāhid (al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52; Ibn ʿAṭiyya, al-Muḥarrar al-Wajīz, 2/13; Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/528).
Al-Jaṣṣāṣ and Ibn al-Jawzī add al-Ḥasan, and Ibn al-Jawzī adds Muqātil (al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/370; Ibn al-Jawzī, Zād al-Masīr, 1/376). Al-Ṭarīfī names Ibn ʿAbbās رضي الله عنهما, al-Ḥasan, Saʿīd b. Jubayr and Mujāhid (al-Ṭarīfī, al-Tafsīr wa-l-Bayān li-Aḥkām al-Qurʾān, 2/735).
Al-Wāḥidī calls it the position of most commentators, and al-Ḥaddād the position of their generality (al-Wāḥidī, al-Tafsīr al-Basīṭ, 6/346; Abū Bakr al-Ḥaddād, Kashf al-Tanzīl fī Taḥqīq al-Mabāḥith wa-l-Taʾwīl, 2/196). ↩
al-Zamakhsharī, al-Kashshāf, 1/478. ↩
al-Ṭabarī, Jāmiʿ al-Bayān, 6/453.
al-Ṭabarī, Jāmiʿ al-Bayān, 6/452. ↩
al-Rāzī, Mafātīḥ al-Ghayb, 9/505, weighing the bedside position against its reverse. ↩
Ḥikmat Bashīr Yāsīn, al-Ṣaḥīḥ al-Masbūr, 2/11–12, grading the asanid through ʿAlī b. Abī Ṭalḥa from Ibn ʿAbbās رضي الله عنهما ḥasan.↩
Muḥammad Ashraf ʿAlī al-Malībārī’s note in Ibn al-Jawzī, Nawāsikh al-Qurʾān, 2/350, ed. Muḥammad Ashraf ʿAlī al-Malībārī. ↩
Al-Ṭabarī: the interpretation with the best claim is that of those who said, let those who attend a dying man fear to tell him to scatter his wealth (al-Ṭabarī, Jāmiʿ al-Bayān, 6/452; al-Ṭabarī, Jāmiʿ al-Bayān, 6/453). Al-Rāzī, weighing it against its reverse only: the first has the better claim (al-Rāzī, Mafātīḥ al-Ghayb, 9/505, weighing the bedside position against its reverse).
Al-Jaṣṣāṣ closes on it, that Allah forbade counselling another and telling him what one would not accept for oneself, one's family and one's children, after allowing that every early meaning may be intended (al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/372; al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, all the early meanings admitted).
Bakr b. al-ʿAlāʾ, in the fourth century of the Hijra: with Zayd b. Aslam's account of the verse's time, this is the best that has been said on it (Bakr b. al-ʿAlāʾ, Aḥkām al-Qurʾān, 1/105). Al-Kiyā al-Harrāsī: do not command him what you would not do were death to come upon you (al-Kiyā al-Harrāsī, Aḥkām al-Qurʾān, 2/335). Al-Sakhāwī puts it in the heir's person: the heir at the bedside must forbid the excess and picture himself in the dying man's place (al-Sakhāwī, Tafsīr al-Qurʾān al-ʿAẓīm, 1/168). Ibn Nūr al-Dīn and al-Ṭarīfī hold it in their books on the rulings of the Qurʾān (Ibn Nūr al-Dīn, Taysīr al-Bayān li-Aḥkām al-Qurʾān, 2/252; al-Ṭarīfī, al-Tafsīr wa-l-Bayān li-Aḥkām al-Qurʾān, 2/735). ↩
Miqsam, when Ḥabīb b. Abī Thābit put Saʿīd b. Jubayr's explanation to him: no, it is the dying man to whom those present say "fear Allah and keep your wealth for your children", when had they been his relatives they would have wanted him to bequeath to them (al-Ṭabarī, Jāmiʿ al-Bayān, 6/450, Miqsam, answering Ḥabīb b. Abī Thābit, who had put Saʿīd b. Jubayr's answer to him; ʿAbd al-Razzāq, Tafsīr ʿAbd al-Razzāq, 1/439; Mawsūʿat al-Tafsīr al-Maʾthūr, 6/94). A Ḥaḍramī, one from Ḥaḍramawt in the south of Arabia, in the report al-Muʿtamir b. Sulaymān gives from his father Sulaymān al-Taymī: it is right that he tell the one making a bequest to bequeath to those entitled to it, as he would love to do were his own offspring in their place (al-Ṭabarī, Jāmiʿ al-Bayān, 6/451, a Ḥaḍramī, by al-Muʿtamir b. Sulaymān from his father Sulaymān al-Taymī; Mawsūʿat al-Tafsīr al-Maʾthūr, 6/95). Ibn al-Jawzī attributes the position to Sulaymān al-Taymī himself (Ibn al-Jawzī, Zād al-Masīr, 1/376, attributing the position to Sulaymān al-Taymī alongside Miqsam, where al-Ṭabarī's isnād, al-Muʿtamir b. Sulaymān from his father, makes him the transmitter of the Ḥaḍramī's words).
Al-Qurṭubī: Miqsam and a Ḥaḍramī said it came down about the reverse of this (al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52, Miqsam's position). Al-Thaʿlabī names the same two (al-Thaʿlabī, al-Kashf wa-l-Bayān, 10/99). ↩
al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52, Miqsam's position. ↩
al-Ālūsī, Rūḥ al-Maʿānī, 2/423, comparing the dying-man view and Miqsam’s. ↩
al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52. ↩
Ibn ʿAṭiyya: neither of the two positions holds for all people; people are of two kinds, and one whose heirs are rich is urged to bequeath, while one whose heirs are weak is urged to leave it to them (Ibn ʿAṭiyya, al-Muḥarrar al-Wajīz, 2/13–14). Al-Qurṭubī quotes him and rules: this distinction is correct, because of the Prophet's ﷺ words to Saʿd رضي الله عنه that to leave one's heirs rich is better than to leave them poor, begging from people (al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52).
Al-Shawkānī repeats the ruling in al-Qurṭubī's words (al-Shawkānī, Fatḥ al-Qadīr, 1/494, repeating al-Qurṭubī's endorsement).
Al-Jaṣṣāṣ mentions the same rule from the jurists: Abū Ḥanīfa, as al-Ḥasan b. Ziyād relates him, held that the best course for one with much wealth is to bequeath from his third, and for one without much wealth to bequeath nothing and keep it for his heirs; al-Jaṣṣāṣ draws from it that one whose heirs are weak and whose wealth is little does best to bequeath nothing or less than a third (al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371); al-Suyūṭī draws the same ruling from the verse (al-Suyūṭī, al-Iklīl fī Istinbāṭ al-Tanzīl, 80, both settings together).
al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52, quoting Ibn ʿAṭiyya's reconciliation.
al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52, endorsing Ibn ʿAṭiyya's distinction. ↩
Ibn ʿAbbās رضي الله عنهما, in the report of al-ʿAwfī: it means one who dies leaving small weak children and fears for them; whoever then has charge of orphans like them should treat them well (al-Ṭabarī, Jāmiʿ al-Bayān, 6/451, Ibn ʿAbbās رضي الله عنهما by the route of al-ʿAwfī). Al-Malībārī grades al-Ṭabarī's chain for the report weak (Ibn al-Jawzī, Nawāsikh al-Qurʾān, 2/350, ed. Muḥammad Ashraf ʿAlī al-Malībārī, editorial note). Ibn Qutayba gives the position as the sense of the words of Ibn ʿAbbās رضي الله عنهما in Abū Ṣāliḥ's report from him (Ibn Qutayba, Taʾwīl Mushkil al-Qurʾān, 195, Ibn ʿAbbās رضي الله عنهما by Abū Ṣāliḥ).
Al-Jaṣṣāṣ records it as his other report; al-Qurṭubī, Abū Ḥayyān and al-Ālūsī name him for it; Ibn al-Jawzī names him with Ibn al-Sāʾib, that is, al-Kalbī (al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, Ibn ʿAbbās رضي الله عنهما in his other report, for the guardians; al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/51; Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/528; al-Ālūsī, Rūḥ al-Maʿānī, 2/423; Ibn al-Jawzī, Zād al-Masīr, 1/376). Al-Kalbī, in al-Baghawī's words and al-Maẓharī's: this address is to the guardians of orphans (al-Baghawī, Maʿālim al-Tanzīl, 1/573, al-Kalbī for the guardians; al-Maẓharī, al-Tafsīr al-Maẓharī, vol. 2, part 2, p. 21, al-Kalbī; Mawsūʿat al-Tafsīr al-Maʾthūr, 6/96).
Al-Muḥaymīd attributes the guardianship interpretation to Ibn ʿAbbās رضي الله عنهما and Ibn Zayd (al-Wāḥidī, al-Tafsīr al-Basīṭ, 6/346, ed. Muḥammad b. Ḥamad al-Muḥaymīd, editorial note). Al-Ṭabarī instead places Ibn Zayd’s words about caring for an orphan heir as one would for one’s own small children among the explanations concerning advice at a bequest (Jāmiʿ al-Bayān, 6/453).
Al-Ālūsī places the guardian interpretation first and allows the fear to concern Allah or the children left behind (Rūḥ al-Maʿānī, 2/423).↩
Al-Qāḍī ʿAbd al-Jabbār, as al-Rāzī and Abū Ḥayyān report him: this fits best with the verses before and after it in the chapter of orphans (al-Rāzī, Mafātīḥ al-Ghayb, 9/505, al-Qāḍī ʿAbd al-Jabbār; Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/528, al-Qāḍī ʿAbd al-Jabbār as he reports him). Ibn Kathīr: a good position, strengthened by the threat that follows against eating the property of orphans (Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222). Al-Zamakhsharī leads with it: those meant are the guardians, commanded to fear Allah (al-Zamakhsharī, al-Kashshāf, 1/478). Al-Nīsābūrī rules for it in al-Qāḍī's terms, the position most fitting to what comes before and after, and Ibn Kamāl Pāshā that it is the most fitting to the order of the discourse, with 4:10 as its completion (al-Nīsābūrī, Gharāʾib al-Qurʾān wa-Raghāʾib al-Furqān, 2/357; Ibn Kamāl Pāshā, Tafsīr Ibn Kamāl Bāshā, 3/24). Ibn Juzayy: its meaning is the command to the guardians of orphans (Ibn Juzayy, al-Tashīl li-ʿUlūm al-Tanzīl, 2/15).
Among the modern commentators, al-Marāghī, Ibn ʿUthaymīn, Sayyid Quṭb, Ibn al-Khaṭīb and al-Tafsīr al-Wasīṭ of al-Azhar's Academy of Islamic Research take it (al-Marāghī, Tafsīr al-Marāghī, 4/193; Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/58; Sayyid Quṭb, In the Shade of the Qurʾān, 39; Ibn al-Khaṭīb, Awḍaḥ al-Tafāsīr, 1/92; Majmaʿ al-Buḥūth al-Islāmiyya, al-Tafsīr al-Wasīṭ li-l-Qurʾān al-Karīm, 2/760); and al-Zuḥaylī takes it in his word list, his commentary and his rulings: the verse urges the guardians to keep the property of orphans and to speak well to them, and, as Ibn ʿAbbās رضي الله عنهما said, it is an admonition to the executors (al-Zuḥaylī, al-Tafsīr al-Munīr, 4/260; al-Zuḥaylī, al-Tafsīr al-Munīr, 4/264; al-Zuḥaylī, al-Tafsīr al-Munīr, 4/268).
Al-Wāḥidī, in the fifth century, wrote that the verse can bear this position but that he had seen no commentator mention it; al-Muḥaymīd answers in his note that more than one mentions it, that it is related from Ibn ʿAbbās رضي الله عنهما and Ibn Zayd, and that Ibn Kathīr approved it (al-Wāḥidī, al-Tafsīr al-Basīṭ, 6/346, ed. Muḥammad b. Ḥamad al-Muḥaymīd, text and editorial note). ↩
al-Rāzī, Mafātīḥ al-Ghayb, 9/505, al-Qāḍī ʿAbd al-Jabbār. ↩
Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222. ↩
No early authority by name, but al-Zajjāj records it in the fourth century, the testators who bequeathed as they pleased and left their children weak being commanded to bequeath for them, and calls it allowable and good (al-Zajjāj, Maʿānī al-Qurʾān wa-Iʿrābuh, 2/17, an interpretation, testators told to provide for their own children). Al-Rāzī offers it as a possibility, that the verse addresses one whose end is near, forbidding him to bequeath so much that he leaves his heirs in want, and he brings to it the Companions' preference for a fifth over a fourth and the ḥadīth of Saʿd رضي الله عنه (al-Rāzī, Mafātīḥ al-Ghayb, 9/505). Ibn al-ʿArabī lists it second without a name, a prohibition to the dying man against giving his wealth in bequest to the poor and the weak (Ibn al-ʿArabī, Aḥkām al-Qurʾān, 1/429). Al-Khāzin distinguishes two possibilities: if the verse preceded the limit of one third, it forbids leaving the heirs in need; if it followed that limit, it directs the testator to one third or less when he fears for his heirs (al-Khāzin, Lubāb al-Taʾwīl fī Maʿānī al-Tanzīl, 1/345). Al-Ālūsī lists it fourth and keeps a place for it in the right word, that the testator says in his will nothing that passes the third (al-Ālūsī, Rūḥ al-Maʿānī, 2/423, grading the dying-man view and Miqsam's; al-Ālūsī, Rūḥ al-Maʿānī, 2/424). ↩
Al-Zamakhsharī, as a second possibility: the verse may join what precedes it, as a command to the heirs to have compassion for those who attend the division (al-Zamakhsharī, al-Kashshāf, 1/478).
Mujāhid's wording is the nearest early form, the bystanders' "you gave too little, add to so-and-so" at the division of the wealth (al-Ṭabarī, Jāmiʿ al-Bayān, 6/449, Mujāhid; the transmitted collection Tafsīr Mujāhid, 268; Ibn al-Mundhir, Tafsīr Ibn al-Mundhir, 2/585); and al-ʿAdawī takes the address as to those who sit in at the division of the estate (Muṣṭafā al-ʿAdawī, Silsilat al-Tafsīr, 2/16). Al-Maẓharī rules that the apparent sense is a command to the strong among the heirs, tying the verse to 4:7 and 4:8 (al-Maẓharī, al-Tafsīr al-Maẓharī, vol. 2, part 2, p. 20); and Abū Zahra holds it the weightier view that the verse concerns the orphans' share of the estates (Abū Zahra, Zahrat al-Tafāsīr, 3/1597). ↩
Muḥammad ʿAbduh, as recorded by Rashīd Riḍā, Tafsīr al-Manār, 4/327. His second explanation concerns guardians who preserve an orphan's property yet hurt the child with contemptuous words, particularly about the child's parents; see Question 2. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
al-Zamakhsharī, al-Kashshāf, 1/478. ↩
Ibn al-ʿArabī sets out four positions among Mālikī jurists. The first forbids those present with a dying person to urge a bequest until it harms the heirs. He then argues that the address extends to everyone who harms an orphan or acts against his welfare (Aḥkām al-Qurʾān, 1/429). Muftī Muḥammad Shafīʿ, Maʿārif al-Qurʾān, 334–335; Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252–253. ↩
Al-Jaṣṣāṣ: it is possible that all the meanings the early Muslims gave to the verse are intended by it, and his closing sentence is general in form (al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, all the early meanings admitted; al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/372).
Al-Qurṭubī records a second group: all people are meant, commanded to fear Allah regarding orphans and the children of others even when they are not in their care, and to speak to them as each would want done with his own child after him (al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/51).
Al-Suyūṭī relates that the scholars said nothing prevents both matters being intended by the verse (al-Suyūṭī, al-Iklīl fī Istinbāṭ al-Tanzīl, 80, both settings together); and al-Sāyis that on either position the intent of the command is that they not harm the orphans (Muḥammad ʿAlī al-Sāyis, Tafsīr Āyāt al-Aḥkām, 225).
Rashīd Riḍā, Tafsīr al-Manār, 4/328: وَيَجُوزُ أَنْ تَشْمَلَ كُلَّ مَا ذُكِرَ, “It may embrace everything mentioned.”
Al-Zajjāj records two views, the testators commanded to provide for their own weak offspring, which is the fourth position, and the guardians of orphans, and rules both allowable and good, adding that the naming of the shares abrogated the first (al-Zajjāj, Maʿānī al-Qurʾān wa-Iʿrābuh, 2/17); and Makkī that none of the positions prevents a bequest to relatives of a fifth, a fourth or a third (Makkī b. Abī Ṭālib, al-Hidāya ilā Bulūgh al-Nihāya, 2/1234).
Al-ʿIzz b. ʿAbd al-Salām lists four possible addressees without choosing one (al-ʿIzz b. ʿAbd al-Salām, Tafsīr al-Qurʾān, 1/306). ↩
Ibn ʿUthaymīn draws the lesson: as you fear for your own child, fear for the child of another (Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/61). ↩
Al-Ṭabarī, Jāmiʿ al-Bayān, 6/452, al-Saybānī’s account of Ibn al-Daylamī; al-Māwardī, al-Nukat wa-l-ʿUyūn, 1/457.↩
Al-Zamakhsharī explains the right word for three proposed addressees, the guardian, the bystander and the heir; al-Ālūsī explains it for four. Al-Zamakhsharī, al-Kashshāf, 1/478–479.
In al-Ālūsī’s explanation, the guardian speaks gently to the orphan; the visitor urges repentance, the shahāda and good expectations of Allah while discouraging an excessive bequest; the heirs speak kindly at the division; and the testator confines his bequest to the permitted third (Rūḥ al-Maʿānī, 2/424).
al-Rāzī, Mafātīḥ al-Ghayb, 9/506, quoting al-Zamakhsharī on the right word in three settings. ↩
al-Ṭībī, Futūḥ al-Ghayb fī al-Kashf ʿan Qināʿ al-Rayb, 4/451. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252; Ibn ʿAjība, al-Baḥr al-Madīd fī Tafsīr al-Qurʾān al-Majīd, 1/469. ↩
al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, all the early meanings admitted. ↩
Al-Bukhārī, Ṣaḥīḥ al-Bukhārī, al-Sulṭāniyyah printing, no. 13, 1/12. Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252.↩
Ibn Salāma, in his book of abrogated verses lists this as the third abrogated verse of the sūra: Allah commanded the executors to enforce the bequest as the testator drew it and not to change it, then abrogated that by the verse of al-Baqara, "whoever fears from a testator partiality or sin and sets things right between them" (Hibat Allāh b. Salāma, al-Nāsikh wa-l-Mansūkh, 66). Ibn al-Jawzī gives it as a third position, from his teacher ʿAlī b. ʿUbayd Allāh (Ibn al-Jawzī, Nawāsikh al-Qurʾān, 2/351). Ibn al-Bārizī's table and al-Karmī repeat the claim (Ibn al-Bārizī, Nāsikh al-Qurʾān al-ʿAzīz wa-Mansūkhuhu, 29; Marʿī al-Karmī, Qalāʾid al-Marjān fī Bayān al-Nāsikh wa-l-Mansūkh fī al-Qurʾān, 84). ↩
Ibn al-Jawzī, Nawāsikh al-Qurʾān, 2/351; al-Sakhāwī, Jamāl al-Qurrāʾ wa-Kamāl al-Iqrāʾ, 2/650. ↩
Ibn al-ʿArabī, al-Nāsikh wa-l-Mansūkh, 2/148, against abrogation. ↩
Muḥammad Ashraf ʿAlī al-Malībārī’s note in Ibn al-Jawzī, Nawāsikh al-Qurʾān, 2/351, ed. Muḥammad Ashraf ʿAlī al-Malībārī; al-Zajjāj, Maʿānī al-Qurʾān wa-Iʿrābuh, 2/17. ↩
Ibn al-ʿArabī, Aḥkām al-Qurʾān, 1/429; Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252–253; Muftī Muḥammad Shafīʿ, Maʿārif al-Qurʾān, 334–335. For Ibn ʿĀshūr’s exclusion of the heirs addressed in 4:8, see Position 6. ↩
Al-Ṭībī, Futūḥ al-Ghayb fī al-Kashf ʿan Qināʿ al-Rayb, 4/451; Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252; al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371. ↩
On advice proportionate to the estate and the heirs’ needs: Ibn ʿAṭiyya, al-Muḥarrar al-Wajīz, 2/13–14; al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52; al-Shawkānī, Fatḥ al-Qadīr, 1/494.
On rejecting the abrogation claim: Ibn al-Jawzī, Nawāsikh al-Qurʾān, 2/351; al-Sakhāwī, Jamāl al-Qurrāʾ wa-Kamāl al-Iqrāʾ, 2/650. ↩
Al-Ṭabarī: the right word is the just and correct one (al-Ṭabarī, Jāmiʿ al-Bayān, 6/453). Abū Ḥayyān: sadād is straightness in word and deed, and the root of sadd is the removal of a gap (Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530). Al-Samīn, in his lexicon of the Qurʾān: upright, from sadād, which is what a gap is stopped with (al-Samīn al-Ḥalabī, ʿUmdat al-Ḥuffāẓ, 2/183, under sadīd). Al-Rāghib: the root of sadād is the removal of what is amiss (al-Rāghib al-Iṣfahānī, Tafsīr al-Rāghib al-Iṣfahānī, 3/1114).
Al-Ḥaddād: the word with no departure in it towards corruption, taken from stopping a breach (Abū Bakr al-Ḥaddād, Kashf al-Tanzīl fī Taḥqīq al-Mabāḥith wa-l-Taʾwīl, 2/197). Al-Nakhjuwānī: even, balanced between the two extremes of excess and deficiency (al-Nakhjuwānī, al-Fawātiḥ al-Ilāhiyya wa-l-Mafātiḥ al-Ghaybiyya, 1/143).
Ibn ʿUthaymīn: what is correct and in keeping with wisdom, and sadād does not mean softening speech (Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/60). Ibn ʿAbbās رضي الله عنهما, asked by Nāfiʿ b. al-Azraq: a just word (ʿĀʾisha ʿAbd al-Raḥmān, Bint al-Shāṭiʾ, al-Iʿjāz al-Bayānī li-l-Qurʾān wa-Masāʾil Ibn al-Azraq, 458).
Saʿīd b. Jubayr explains the right word as justice in the bequest, without wrong (Ibn Abī Ḥātim, Tafsīr al-Qurʾān al-ʿAẓīm, 3/878). Al-Ḥasan: truth (Ibn Abī Ḥātim, Tafsīr al-Qurʾān al-ʿAẓīm, 3/878). Qatāda: set the person straight if he strays (ʿAbd al-Razzāq, Tafsīr ʿAbd al-Razzāq, 1/440; Ibn al-Mundhir, Tafsīr Ibn al-Mundhir, 2/586). Abū ʿUbayda: moderation (Ibn al-Mundhir, Tafsīr Ibn al-Mundhir, 2/586). Mujāhid: justice and truth (al-Suyūṭī, al-Durr al-Manthūr, 2/442). ↩
Al-Zamakhsharī applies the command to the adviser: do not exceed in the bequest and wrong the children, citing Saʿd’s hadith (al-Zamakhsharī, al-Kashshāf, 1/478). Al-Qurṭubī tells the adviser to have the sick person pay his debts and then bequeath to relatives without harming the small heirs (al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52; al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/53). Al-Ālūsī also includes the testator’s own wording: nothing in the will should pass the third (al-Ālūsī, Rūḥ al-Maʿānī, 2/424). ↩
Al-Zamakhsharī describes speaking as to one’s own children, with good manners and welcome, calling the orphan “my son” or “my child,” without hurt (al-Zamakhsharī, al-Kashshāf, 1/478). Al-Zuḥaylī applies this to guardians and trustees, adding that the guardian neither scolds nor belittles the child (al-Zuḥaylī, al-Tafsīr al-Munīr, 4/263; al-Zuḥaylī, al-Tafsīr al-Munīr, 4/268). Al-Marāghī gives the guardians and trustees as the addressees (al-Marāghī, Tafsīr al-Marāghī, 4/193). Al-Ālūsī likewise describes speaking to the orphan as to one’s own child (al-Ālūsī, Rūḥ al-Maʿānī, 2/424). ↩
al-Zamakhsharī, al-Kashshāf, 1/479. ↩
Al-Qurṭubī records the explanation that right speech includes prompting the shahāda in the dying person’s hearing, rather than commanding him to repeat it (al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/53). Al-Samarqandī also gives this explanation (al-Samarqandī, Baḥr al-ʿUlūm, 1/284). ↩
Muḥammad ʿAbduh, as recorded by Rashīd Riḍā, Tafsīr al-Manār, 4/327. ↩
Ibn Abī Ḥātim, Tafsīr al-Qurʾān al-ʿAẓīm, ed. Asʿad Muḥammad al-Ṭayyib, no. 4876, 3/878, from Ibn ʿAbbās رضي الله عنهما through Asbāṭ, al-Suddī and Saʿīd b. Jubayr.↩
Al-Bayhaqī, al-Sunan al-Kubrā, ed. al-Turkī, 13/31, from Ibn ʿAbbās رضي الله عنهما through ʿAlī b. Abī Ṭalḥa.↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530. ↩
al-Rāghib al-Iṣfahānī, Tafsīr al-Rāghib al-Iṣfahānī, 3/1116. ↩
Al-Bukhārī, Ṣaḥīḥ al-Bukhārī, al-Sulṭāniyyah printing, no. 4409, 5/178. Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222.↩
Ibn Kathīr cites the hadith as established in the two Ṣaḥīḥs, after the bedside reports. He also records the jurists’ distinction: where the heirs are rich, the full third is recommended; where they are poor, less. Tafsīr al-Qurʾān al-ʿAẓīm, 2/222.↩
Al-Qurṭubī uses the hadith to endorse Ibn ʿAṭiyya’s distinction by the heirs’ circumstances. al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52, endorsing Ibn ʿAṭiyya's distinction. ↩
Al-Jaṣṣāṣ cites Abū Ḥanīfa’s ruling, transmitted by al-Ḥasan b. Ziyād: with much wealth, bequeath from the third; with little wealth, make no bequest and preserve it for the heirs. al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, Abū Ḥanīfa's ruling. ↩
Muslim, Ṣaḥīḥ Muslim, ed. ʿAbd al-Bāqī, no. 1629, 3/1253, from Ibn ʿAbbās رضي الله عنهما through Hishām b. ʿUrwa from his father. Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222.↩
Al-Zamakhsharī, al-Kashshāf, 1/478; al-Ālūsī, Rūḥ al-Maʿānī, 2/423.↩
Makkī states that none of the interpretations prevents a bequest to relatives of a fifth, a fourth or a third. Makkī b. Abī Ṭālib, al-Hidāya ilā Bulūgh al-Nihāya, 2/1234. ↩
Al-Kiyā al-Harrāsī puts the hadith’s rule into the bystander’s advice (al-Kiyā al-Harrāsī, Aḥkām al-Qurʾān, 2/335). Al-Sakhāwī applies it to an heir at the bedside, who must forbid an excessive bequest and imagine himself in the dying person’s place (al-Sakhāwī, Tafsīr al-Qurʾān al-ʿAẓīm, 1/168). ↩
Muqātil explicitly applies the verse to bystanders urging more than the third: they must fear for the heirs whom their advice would harm (Mawsūʿat al-Tafsīr al-Maʾthūr, 6/96). ↩
Muftī Muḥammad Shafīʿ relates the hadith through Mishkāt al-Maṣābīḥ when explaining the bequest application. Muftī Muḥammad Shafīʿ, Maʿārif al-Qurʾān, 334. ↩
Al-Rāzī brings Saʿd’s hadith to the possible interpretation that the dying person himself is addressed. al-Rāzī, Mafātīḥ al-Ghayb, 9/505. ↩
Ibn ʿAṭiyya, al-Muḥarrar al-Wajīz, 2/13–14; al-Qurṭubī, al-Jāmiʿ li-Aḥkām al-Qurʾān, 5/52, endorsing Ibn ʿAṭiyya's distinction. ↩
al-Rāzī, Mafātīḥ al-Ghayb, 9/505, al-Qāḍī ʿAbd al-Jabbār; Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/528, al-Qāḍī ʿAbd al-Jabbār as he reports him.
Ibn Kathīr, Tafsīr al-Qurʾān al-ʿAẓīm, 2/222.
Ibn Kamāl Pāshā, Tafsīr Ibn Kamāl Bāshā, 3/24. ↩
al-Zuḥaylī, al-Tafsīr al-Munīr, 4/264. ↩
al-Maẓharī, al-Tafsīr al-Maẓharī, vol. 2, part 2, p. 20. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
al-Biqāʿī, Naẓm al-Durar, 5/421. Al-Zuḥaylī, al-Tafsīr al-Munīr, 4/264, on the guardian’s conduct and its recompense. ↩
How the Commentators Explain This Verse
al-Jaṣṣāṣ, Aḥkām al-Qurʾān, 2/371, all the early meanings admitted. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
Ibn ʿUthaymīn, Tafsīr al-Qurʾān al-Karīm: Sūrat al-Nisāʾ, 1/58–59, ed. Ibrāhīm b. Muḥammad Qāsim al-Mayman. ↩
Iʿrāb: Grammatical Structure
Dār al-Ṣaḥāba, Iʿrāb al-Qurʾān al-Karīm, 1/366. ↩
Dār al-Ṣaḥāba, Iʿrāb al-Qurʾān al-Karīm, 1/367. ↩
Dār al-Ṣaḥābah, Iʿrāb al-Qurʾān al-Karīm, 1/366–367; Muḥyī al-Dīn Darwīsh, Iʿrāb al-Qurʾān wa-Bayānuh, 2/165. ↩
Aḥmad b. Muḥammad al-Kharrāṭ, al-Mujtabā min Mushkil Iʿrāb al-Qurʾān, 1/165. ↩
Maḥmūd Ṣāfī, al-Jadwal fī Iʿrāb al-Qurʾān, 2/446. ↩
Makkī b. Abī Ṭālib, al-Hidāya ilā Bulūgh al-Nihāya, 2/1233–1234. ↩
al-Akhfash, Maʿānī al-Qurʾān, 1/247. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/592. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252. ↩
Ibn ʿAjība, al-Baḥr al-Madīd fī Tafsīr al-Qurʾān al-Majīd, 1/469. ↩
Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/58. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/590. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/591. ↩
al-ʿUkbarī, al-Tibyān fī Iʿrāb al-Qurʾān, 1/333, min khalfihim, and the imāla. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/591, Ibn Mālik and Abū al-Baqāʾ. ↩
Maḥmūd Ṣāfī, al-Jadwal fī Iʿrāb al-Qurʾān, 2/447. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 1/183, law in the sense of in. ↩
al-Shanqīṭī, Aḍwāʾ al-Bayān, 3/352, at al-Naḥl 16:61. He attributes the two lines to Qays b. al-Mulawwaḥ; Maḥmūd Ṣāfī attributes them to Abū Ṣakhr al-Hudhalī, al-Jadwal fī Iʿrāb al-Qurʾān, 2/447. Both use them to illustrate a future condition.
al-Shanqīṭī, Aḍwāʾ al-Bayān, 3/352, law before a future. ↩
al-Zamakhsharī, al-Kashshāf, 1/478. ↩
Ibn al-Munayyir, al-Intiṣāf, in the margin of al-Zamakhsharī, al-Kashshāf, 1/478, shārafū, the reason for the figure. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
al-Maydānī, al-Balāgha al-ʿArabiyya, 1/476. ↩
Muḥyī al-Dīn Darwīsh, Iʿrāb al-Qurʾān wa-Bayānuh, 2/167. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/529, answering Ibn Mālik and al-ʿUkbarī. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/591–592, ed. Aḥmad Muḥammad al-Kharrāṭ. Al-Samīn quotes the first line from Ibn Mālik’s argument and adds the second as a parallel; he then answers the future-condition argument. ↩
Dār al-Ṣaḥāba, Iʿrāb al-Qurʾān al-Karīm, 1/366. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/592, min khalfihim. ↩
al-ʿUkbarī, al-Tibyān fī Iʿrāb al-Qurʾān, 1/333, min khalfihim, and the imāla. ↩
Fāḍil al-Sāmarrāʾī, Lamasāt Bayāniyya fī Nuṣūṣ min al-Tanzīl, 946, min khalfihim. ↩
Dār al-Ṣaḥāba, Iʿrāb al-Qurʾān al-Karīm, 1/367. ↩
Muḥyī al-Dīn Darwīsh, Iʿrāb al-Qurʾān wa-Bayānuh, 2/165. ↩
al-Rāghib al-Iṣfahānī, Tafsīr al-Rāghib al-Iṣfahānī, 3/1116. ↩
Ibn Kamāl Pāshā, Tafsīr Ibn Kamāl Bāshā, 3/25. ↩
Dār al-Ṣaḥābah, Iʿrāb al-Qurʾān al-Karīm, 1/367; Maḥmūd Ṣāfī, al-Jadwal fī Iʿrāb al-Qurʾān, 2/446. ↩
Ṣarf: Roots and Word Formation
al-Rāghib al-Iṣfahānī, al-Mufradāt, 283, under khashya. ↩
Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/58. ↩
al-Zuḥaylī, al-Tafsīr al-Munīr, 4/260, under khashya. ↩
Abū Bakr al-Jazāʾirī, Aysar al-Tafāsīr, 1/439, khashya. ↩
Rashīd Riḍā, Tafsīr al-Manār, 4/322, quoting ʿAntara and responding to al-Rāghib’s definition. ↩
al-Rāghib al-Iṣfahānī, al-Mufradāt, 166, under tark. ↩
al-Rāghib al-Iṣfahānī, al-Mufradāt, 166, under tark, tarika. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
al-Rāghib al-Iṣfahānī, al-Mufradāt, 293, under khalf. ↩
Fāḍil al-Sāmarrāʾī, Lamasāt Bayāniyya fī Nuṣūṣ min al-Tanzīl, 946, min khalfihim. ↩
Al-Zajjāj, Maʿānī al-Qurʾān wa-Iʿrābuh, 2/16. He also allows an underlying ذُرُّورَة, with a rāʾ changed to yāʾ and the wāw assimilated into it. His stated preference for ḍamma concerns the first vowel of ذُرِّيَّة, not a comparison of the three roots listed by other lexicons. ↩
al-Rāghib al-Iṣfahānī, al-Mufradāt, 327, under dhurriyya. ↩
Makkī b. Abī Ṭālib, al-Kashf ʿan Wujūh al-Qirāʾāt al-Sabʿ, 2/148, dhurriyya as a plural by its form. ↩
Ibn Manẓūr, Lisān al-ʿArab, 9/203, under ḍaʿf. ↩
Ibn Manẓūr, Lisān al-ʿArab, 9/203, under ḍaʿf, the plurals of ḍaʿīf. ↩
Ibn Fāris, Maqāyīs al-Lugha, 3/362, under ḍaʿufa, the plural ḍiʿāf. ↩
al-Rāghib al-Iṣfahānī, al-Mufradāt, 506, under ḍaʿf. ↩
al-Rāghib al-Iṣfahānī, al-Mufradāt, 507, under ḍaʿf, the three weaknesses. ↩
al-Zamakhsharī, Asās al-Balāgha, 1/582, under ḍaʿufa. ↩
al-Zajjāj, Maʿānī al-Qurʾān wa-Iʿrābuh, 2/16, ḍiʿāf as a regular plural. ↩
al-Zarkashī, al-Burhān fī ʿUlūm al-Qurʾān, 4/21. ↩
Ibn Abī Ḥātim, Tafsīr al-Qurʾān al-ʿAẓīm, 3/877. ↩
Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/59. ↩
Ibn Manẓūr, Lisān al-ʿArab, 3/210, under sadad. ↩
Ibn Manẓūr, Lisān al-ʿArab, 3/210, under sadād. ↩
al-Zamakhsharī, Asās al-Balāgha, 1/445, under sadād. ↩
al-Rāghib al-Iṣfahānī, Tafsīr al-Rāghib al-Iṣfahānī, 3/1114. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530. ↩
al-Samīn al-Ḥalabī, ʿUmdat al-Ḥuffāẓ, 2/183, under sadīd. ↩
Abū Bakr al-Ḥaddād, Kashf al-Tanzīl fī Taḥqīq al-Mabāḥith wa-l-Taʾwīl, 2/197. ↩
Maḥmūd Ṣāfī, al-Jadwal fī Iʿrāb al-Qurʾān, 2/447, on the form of سَدِيد. Ṣāfī gives the verb under the two conjugation classes ضرب and فتح, explains it as استوى قولا وفعلا, “it was upright in word and deed,” and states وهو في معنى الفاعل ومعنى المفعول, “it has the meaning of both the active and passive participle.” ↩
ʿĀʾisha ʿAbd al-Raḥmān, Bint al-Shāṭiʾ, al-Iʿjāz al-Bayānī li-l-Qurʾān wa-Masāʾil Ibn al-Azraq, 458. ↩
Al-Ālūsī, Rūḥ al-Maʿānī, 2/424. He distinguishes سَدَاد, sadād, correctness, from سِدَاد, sidād, what fills a gap. He also records Ibn Barrī’s correction of al-Ḥarīrī: in سداد من عوز, something that meets a need, both vowels are attested, though kasra is more eloquent according to al-Ṣiḥāḥ. For the stopper of a bottle or the defence of a breach, the cited account specifies kasra. ↩
al-Mārghanī, Dalīl al-Ḥayrān ʿalā Mawrid al-Ẓamʾān, 138. ↩
Balāghah: Rhetorical Analysis
Muḥyī al-Dīn Darwīsh, Iʿrāb al-Qurʾān wa-Bayānuh, 2/165. ↩
Muḥyī al-Dīn Darwīsh, Iʿrāb al-Qurʾān wa-Bayānuh, 2/165. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252. ↩
Ibn ʿAjība, al-Baḥr al-Madīd fī Tafsīr al-Qurʾān al-Majīd, 1/469. ↩
Ibn ʿUthaymīn, Tafsīr Sūrat al-Nisāʾ, 1/58. ↩
Muḥyī al-Dīn Darwīsh, Iʿrāb al-Qurʾān wa-Bayānuh, 2/165–166, without naming the poet. The first two lines also appear, with wording differences, in al-Zamakhsharī, al-Kashshāf, 1/478; Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/528; and al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/590. The edition note in al-Shanqīṭī, al-ʿAdhb al-Namīr, 4/139, records different attributions: ʿImrān b. Ḥiṭṭān, ʿĪsā b. Fātik, Muḥammad b. ʿAbd Allāh al-Azdī, or Abū Khālid al-Qanānī. ↩
al-Suyūṭī, al-Itqān fī ʿUlūm al-Qurʾān, 3/127.
al-Suyūṭī, Muʿtarak al-Aqrān fī Iʿjāz al-Qurʾān, 1/191. ↩
al-Zamakhsharī, al-Kashshāf, 1/478. ↩
Ibn al-Munayyir, al-Intiṣāf, in the margin of al-Zamakhsharī, al-Kashshāf, 1/478, shārafū, the reason for the figure. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. He illustrates approaching an event with this unnamed poetic witness:
إِلَى مَلِكٍ كَادَ الْجِبَالُ لِفَقْدِهِ ... تَزُولُ زَوَالَ الرَّاسِيَاتِ مِنَ الصَّخْرِ
“To a king at whose loss the mountains nearly moved, the firmly anchored rocks shifting.”
Ibn ʿĀshūr explains the intended sense as وَقَارَبَتِ الرَّاسِيَاتُ الزَّوَالَ, “the firmly anchored rocks came close to moving.” His comparison concerns an event approached, rather than already completed. ↩
al-Maydānī, al-Balāgha al-ʿArabiyya, 1/476. ↩
al-Maydānī, al-Balāgha al-ʿArabiyya, 1/476. ↩
al-Ṭībī, Futūḥ al-Ghayb fī al-Kashf ʿan Qināʿ al-Rayb, 4/451. ↩
al-Ṭībī, Futūḥ al-Ghayb fī al-Kashf ʿan Qināʿ al-Rayb, 4/451. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252, putting oneself in the other's place. ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/253. ↩
Al-Ālūsī, Rūḥ al-Maʿānī, 2/424, on the compassion aroused by “weak” and the heightened fear in explicitly saying “behind them”; Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252, likewise explains the appeal to compassion in “weak.” ↩
Ibn ʿĀshūr, al-Taḥrīr wa-l-Tanwīr, 4/252. ↩
Sayyid Quṭb, In the Shade of the Qurʾān, 39. ↩
Ibn ʿArafa, Tafsīr Ibn ʿArafa, 2/9. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530.
Al-Rāghib describes fear as the beginning and taqwā as its completion. al-Rāghib al-Iṣfahānī, Tafsīr al-Rāghib al-Iṣfahānī, 3/1116.
Ibn Kamāl Pāshā and al-Ālūsī explain that the first is of no benefit without the second. Ibn Kamāl Pāshā, Tafsīr Ibn Kamāl Bāshā, 3/25; al-Ālūsī, Rūḥ al-Maʿānī, 2/424. ↩
Qirāʾāt: Variant Readings
Ibn al-Jazarī, al-Nashr fī al-Qirāʾāt al-ʿAshr, 2/247. ↩
Muḥammad Muḥaysin, al-Hādī Sharḥ Ṭayyibat al-Nashr, 1/322. ↩
al-ʿUlaymī, Fatḥ al-Raḥmān fī Tafsīr al-Qurʾān, 2/90. ↩
Abū ʿAlī al-Fārisī, al-Ḥujja li-l-Qurrāʾ al-Sabʿa, 3/133, Ḥamza alone with the imāla. ↩
Abū ʿAlī al-Fārisī, al-Ḥujja li-l-Qurrāʾ al-Sabʿa, 3/134, Ḥamza's imāla of ḍiʿāfan, its reason. ↩
Abū ʿAlī al-Fārisī, al-Ḥujja li-l-Qurrāʾ al-Sabʿa, 3/135. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530, Ḥamza's imāla of khāfū. ↩
al-Wāḥidī, al-Tafsīr al-Basīṭ, 6/347, both reasons for Ḥamza's imāla. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/593, Ḥamza's imāla of ḍiʿāfan. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/593, Ḥamza's imāla of khāfū. ↩
al-ʿUkbarī, al-Tibyān fī Iʿrāb al-Qurʾān, 1/333, min khalfihim, and the imāla. ↩
al-Ālūsī, Rūḥ al-Maʿānī, 2/424, quoting Abū al-Baqāʾ on the imāla. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/528. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/590. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/590. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530, Ibn Muḥayṣin's ḍuʿufan. ↩
Abū Ḥayyān, al-Baḥr al-Muḥīṭ, 3/530, ḍuʿāfā and ḍaʿāfā. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/593. ↩
al-Zamakhsharī, al-Kashshāf, 1/478. ↩
al-Samīn al-Ḥalabī, al-Durr al-Maṣūn, 3/593. ↩
al-Ālūsī, Rūḥ al-Maʿānī, 2/424; Abū al-Suʿūd, Irshād al-ʿAql al-Salīm, 2/148. ↩
Terms Used in This Appendix
California Courts, “Common words in probate cases”, estate, will, executor, trust and probate; Alameda County Superior Court, “Living Trusts”, questions 1, 4 and 8; Mufti Muḥammad ibn Adam, “Guidelines on Preparing one’s Will & Testament Islamically”, will-making, bequests and lifetime gifts. ↩
Shared Principles
Mufti Muḥammad ibn Adam, Darul Iftaa, Leicester, “Inheritance Distribution according to Islamic Law or British Law?”, question 5483, 21 January 2009. ↩
Dr Hatem al-Haj, AMJA, “Question About Wills!”, fatwa 86940, 6 June 2012, ownership and gifts; Permanent Committee ruling reproduced in Islam Question & Answer, “Ruling on bequests”, documenting unrecorded obligations. ↩
Mufti Muḥammad ibn Adam, “Guidelines on Preparing one’s Will & Testament Islamically”, question 5851, 26 July 2004, prescribed shares, optional bequests and surviving heirs; Islam Question & Answer, answer 140278, expenses and debts before the discretionary third. ↩
Islam Question & Answer, answer 140278, consent to extra bequests; Ibn ʿUthaymīn, al-Sharḥ al-mumtiʿ, 11/141 and 4/599, quoted in answer 175292, consent after death, capacity and the consenting heir’s own portion. ↩
United States: Make the Instructions Work
Yaser Ali, “Estate Planning for Muslim Clients: Incorporating Unique Religious Preferences Into a Conventional Estate Plan”, NAELA Journal, 18, Spring 2022, pp. 5–7 and 12–14. His practice uses a designated trust protector to determine eligibility and recalculate shares; the powers and enforceability require appropriate drafting. ↩
Superior Court of California, County of Alameda, “Living Trusts”, successor trustees, property outside the trust and guardian nominations. ↩
Ahmed Shaikh, “A Guide to the Islamic Living Trust”, “Only as good as the funding”; US Department of Labor, “FAQs about Retirement Plans and ERISA”, “Can a benefit continue for your spouse should you die first?” The described consent must be witnessed by a notary or plan representative; it is not a rule for every IRA or death benefit. ↩
Ali, “Estate Planning for Muslim Clients”, pp. 9–10, joint ownership, survivorship and nonbinding side letters. ↩
Ahmed Shaikh, “Muslim Guardianship Guide”, “Who We Name” and “Asking for permission”; California Courts, “What you must do as a guardian”, guardians of the person and estate. ↩
Yaser Ali and Martin Shenkman, Estate Planning for the Muslim Client, 23 October 2019, slides 30–32; New York State Unified Court System, surviving spouse’s right of election. This is a state-specific protection; any waiver must satisfy the governing legal requirements. ↩
Europe: The Jurisdiction Matters
GOV.UK, “Making a will” and “Make sure your will is legal”; HMRC, Inheritance Tax Manual IHTM35233, the Inheritance (Provision for Family and Dependants) Act 1975. ↩
HMRC, Inheritance Tax Manual IHTM12221. Moveable property excludes land and buildings. These rights differ from the “prior rights” applicable to intestacy. ↩
French government, Service Public, “Quelles sont les règles pour hériter? Testament”, verified 16 June 2026, children’s reserved portion and the freely disposable portion. ↩
German Civil Code, §2303 and §2305, compulsory portion and shortfall. The protected amount is generally half the value of the statutory entitlement, not half the whole estate. ↩
European Union, “Planning your cross-border inheritance”, applicable law, choice of national law and public-policy limits. The public-policy examples include some differences of treatment between heirs; this is not a finding that every Islamic allocation is automatically rejected. ↩
India: Do Not Assume That a Will Must Introduce Muslim Inheritance
Muslim Personal Law (Shariat) Application Act 1937, section 2; official India Code act record, with statutory wording reproduced by eCourtsIndia, a nongovernment publisher. ↩
Muslim Personal Law (Shariat) Application Act 1937, section 2 and reproduced Kerala amendment. Kerala’s substituted wording omits the central agricultural-land exception. ↩
Special Marriage Act 1954, India Code text, sections 21–21A, pp. 8–9. Section 21A’s exception specifies marriages between persons professing the Hindu, Buddhist, Sikh or Jaina religions. ↩
Government of Uttarakhand, Uniform Civil Code portal and will-registration service; Doordarshan News, implementation report, 27 January 2025. Confirm the statutory residence definition and exclusions, including Scheduled Tribes, for the particular family. ↩
Reserve Bank of India, Settlement of Claims in respect of Deceased Customers of Banks Directions, 2025, RBI/2025-26/82, 26 September 2025, paragraph 8(iii), notification reproduced by TaxGuru. Government savings schemes administered by banks follow their own provisions; this deposit-account rule is not a universal rule for every financial nomination. ↩
Preparing for Advice
GOV.UK, “Write your will” and “Update your will”, preparation, storage and changed circumstances; Ali and Shenkman, Estate Planning for the Muslim Client, slides 17, 19–20 and 31–35, religious advice, instructions and fiduciary selection. ↩
