4. Surah An-Nisaa

Sequence The injunction to give orphans their property, and the women, their dower, has appeared in previous verses. This may lead one to think that the property of the orphans and women should under all conditions, be given to them, even if they cannot handle relevant transactions and are incapable of protecting their property interests. To remove this misunderstanding, it has been said in these verses that properties should not be handed over to the feeble-minded. Instead, they should be watched and tested to determine the age and time when they exhibit the ability to protect their property and the discernment of spending out of it, it is then that their property should be handed over to them. Commentary Do protect what you own These verses affirm the role of property in man's economic effort which gives him the desire to protect it. Then, at the same time, the general weakness shown in the protection of properties has been corrected. There are people who, giving in to natural love, hand over properties to inexperienced minor children and ill-informed women which usually results in the wastage of the property and the quick poverty which follows in its wake. Do not hand over properties to the feeble-minded The most revered exegete of the Holy Qur'an, Sayyidna ` Abdullah ibn ` Abbas ؓ : 'The guidance the Holy Qur'an gives in this verse is: Do not, by handing over all your property to feeble-minded children and women, become dependent on them. Since Allah Almighty has made you the guardian and the manager, you should, rather, hold the property in your safe custody and keep spending from it as necessary in order to feed and clothe them. And should they, even then, demand to take possession of the property, explain to them honestly, fairly and reasonably in a way which neither breaks their heart nor causes the property to be wasted. For instance, say something like:' All this is there for you. Just grow up a little more and you will have it all.' Based on this tafsir of Sayyidna ` Abdullah ibn ` Abbas ؓ ، the sense of the verse covers all women, children and others who are feeble-minded and inexperienced, to whom it is dangerous to hand over properties since it may result in their loss, irrespective of the fact that they may be one's own children, or orphans, or the fact be that the property may belong to such children and orphans themselves, or to the guardians. The same tafsir has been reported from Sayyidna Abu Musa al-Ash` ari ؓ and the renowned mufassir al-Tabari has also adopted the same view. The context of the earlier and later verses may, though, lead one to particularize this injunction too with orphaned children, yet, the generality of words remains there as such and which includes all children, orphans and non-orphans. And perhaps, the form of address in اموالکم 'amwalukum' (your properties) may have the special wisdom that it is inclusive of the properties of the guardians as well as that of the orphans. The suggestion is that the properties of the orphans, until such time that they become mature and discerning, remain under the guardian's safe custody and responsibility as if these properties, so to say, were like their own. It will be recalled that the fact of the matter - that the properties of the orphans have to be given only to them - has been made very clear in verse 2: وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ (And give the orphans their property). After this, there remains no reason for any doubt. Protecting property is necessary. Wasting it is a sin. A person killed while defending his property is a shahid (martyr). This is similar to being killed in defence of one's life which makes one deserving of the great reward of شھادہ shahadah (martyrdom). The Holy Prophet ﷺ has said: من قُتِلَ دُونَ مالِہِ فھوَ شھید Whosoever is killed while protecting his property is a shah id (that is, he is counted among Muslim martyrs in terms of Divine reward). (Bukhri, v.1, p. 337 - Muslim, v.1, p.81) He has also said: نعما بالمال الصالح للرجل الصالح For a good man, his good and clean property is the best asset of his life. (Mishkat, p. 326) Yet another saying of his is: لا باسَ بِالغنیٰ لمنِ اتَّقیِ اللہ عَزَّوجَلَّ Being rich is not harmful for one who fears Allah, the Mighty, the Exalted. (Mishkat, p. 491) The last two ahadith quoted above tell us that the wealth possessed by a righteous and God-fearing person is not harmful for him because such a person, by virtue of being God-fearing, will abstain from spending it in what is sinful. The anti-wealth teachings of many Muslim saints and mystics apply to none but those who spend their lustily-earned wealth for sinful purposes and thus go on to make it the cause of their punishment in the Hereafter. Also, since man is naturally inclined to abandon, once he is rich, all concerns of moderation in his spending, as well as the very anxiety to see that he stays safe against other sins - that is why staying away from wealth has been considered desirable. God bless our earlier people; they would earn, more or less, as needed, were grateful to Allah and ended up being happy that they have succeeded in saving their skins from being ultimately 'audited' for the whats and hows and whereas of spending their wealth, if they had it. But, in our time, people do not care much about matters of faith; they are more attracted to material things; they are all too ready to abandon their faith at the slightest provocation, not because there is some discomfort involved. Rather, they would do that lest they go against fragile fashion, or trend, or some borrowed norm of contemporary society. Therefore, it is important that people earn lawfully and conserve their earnings. For such people, the Holy Prophet ﷺ has said: کَادَ الفَقرُ اَن یَّکُونَ کُفُراً Poverty can take one to the point of being a disbeliever. (Mishkat, p. 439) Sayyidna Sufyan al-Thawri ؓ elaborates this by saying: کان المال فیما مضی یکرہ، فاما الیوم فھو ترس المؤمن Previously, owning and keeping wealth was not considered good, but today, this wealth is a shield of the true Muslim. He has also said: من کان فی یَدِہِ مِن ھٰذہِ شیاً فَلیُصلِحۃ ، فانُّہ زَمَانُ اِنِ احتاجَ کَانَ اوَّل من یبذل دینہ Whoever has any of this (wealth) in his hands should make it serve him well for these are times when, in the event of some need, one is likely to first 'spend' his faith in order to take care of that need. (i.e. the desire to fulfill one's need has become more important than the obligation to follow one's faith) (Mishkat, p.491)

The injunction to test the ability and understanding of minors Once we know from verse 5 that minors should not be entrusted with properties until such time that their ability to discern and decide stands proved, the injunctions to educate and test such children to determine their ability follow in the next verse (6) Verse 6: وَابْتَلُوا الْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُوا النِّكَاحَ translated as 'and test the orphans until they reach marriageable age;' means that children, well before they become pubert and marriageable, should be tested through small assignments of buying and selling in order to determine their ability to conduct themselves in transactions on their own. This process of practical experimentation should continue right through upto the age of marriage-ability, that is, when they become pubert and mature. This is the time of special assessment. Now it should be determined if they have become smart and self-reliant in their affairs. Once this is sensed as 'dependable', it is time to hand over their property to them. In short, given the nature of children and the factors involved in the growth of reason and intelligence among them, they have been divided in three stages. One: minority (before puberty). Two: After puberty. Three: After self-reliance, and discretion in conducting personal affairs (Rushd as opposed to Safahah). During the first stage, the guardians of children have been instructed to educate and train them by providing for them hands-on experience, that is, let them become smarter by conducting small dealings in buying and selling on their own. The expression: وَابْتَلُوا الْيَتَامَىٰ (and test the orphans) in this verse means exactly this. It is from here that Imam Abu Hanifah (رح) has deduced the ruling that the transactions of buying and selling entered into by minor children with the permission of their guardian are sound, valid and operative. In accordance with the other injunction, when children become mature, pubert and marriageable, the guardian should check up their state of growth at that stage in terms of experience, intelligence and dealings, and once it becomes clear that they understand their profit and loss and handle their affairs and dealings in a satisfactory manner, their property should be handed over to them. The Age of Maturity Along with the injunction of maturity (بلوغ bulugh) in this verse, the Holy Qur'an has also answered the question as to the 'age' when a child would be taken as mature ( بالغ baligh) by saying: إِذَا بَلَغُوا النِّكَاحَ translated as 'until they reach marriage-ability'. Here, it has been indicated that real maturity is not tied up with any particular count of years. Rather, it depends on particular indicators and signs experienced by adults entering the threshold of adulthood. When, in terms of these indicators and signs, they would be regarded fit to marry, they would be considered mature, even if their age does not exceed thirteen or fourteen years. But, should it be that such signs of maturity just do not show up in some child, he shall be considered mature in terms of age, a position in which Muslim jurists vary. Some fix eighteen years for boys and seventeen for girls; some others have fixed fifteen years for both. With the Hanafiyyah, the fatwa is on the position that the boy and the girl shall both be considered mature under the Islamic law after they have completed their fifteenth year, irrespective of whether or not signs of maturity are found. The Perception of Proper Understanding : How to find it? An Explanation of آنَسْتُم مِّنْهُمْ رُ‌شْدًا The injunction of the Qur'an is: 'then, if you perceive in them proper understanding, hand over to them their property.' Now, what is the time of this 'proper understanding' (rushd)? The Holy Qur'an has not elaborated on this final limit of time. Therefore, some Muslim jurists leaned towards favouring the view that the properties of children should not be handed over to them until it has been determined that they do have full and proper understanding. Instead, these will stay under the safe custody of the guardian as usual, even if this state of affairs continues for the rest of life. But, in accordance with the verification of the issue by Imam Abu Hanifah (رح) at this point the absence of 'proper understanding' refers to the state affected by childhood. Within ten years after maturity, the effect of childhood is gone. So, there are fifteen years as the age of maturity (بلوغ bulugh) and ten years as the age of proper understanding (rushd). Once these 25 years are reached, such proper understanding is most likely to be achieved; something which was not possible due to the barriers of childhood, and later, younger years. Then, it should be noted that the Holy Qur'an uses the word, ‘rushdan’ in its indefinite form whereby it is suggesting that full understanding and perfect sense are not absolute conditions. A reasonable measure of understanding is also sufficient for this purpose on the basis of which their properties could be given to them. Therefore, even if perfect understanding has not been achieved despite the long wait of twenty five years, even then, their properties will be handed over to them. As far as perfect understanding and wisdom is concerned, there are people who do not get to achieve these throughout their entire lives. They always remain simple, innocent and rather shy and slow in conducting their practical dealings. They will not be deprived of their properties because of this. However, should there be someone totally insane, he will be governed by a separate rule since such a person always remains in the category of immature children. His property will never be handed over to him until his insanity disappears, even if his entire life were to pass in insanity. The Prohibition of Undue Spending from the Property of Orphans As we know, the verse instructs that the property of the orphans should not be handed over to them until a certain degree of under-standing and experience is perceived in them. Naturally, for this purpose, one will have to wait for some more time. In that case, it was probable that the guardian of the orphan could commit an excess against the interests of the orphan. So, the verse goes on to say: وَلَا تَأْكُلُوهَا إِسْرَ‌افًا وَبِدَارً‌ا أَن يَكْبَرُ‌وا And do not consume it extravagantly and hastily lest they should grow up. Here, the guardians of the orphans have been prevented from two things: Firstly, from spending out of their property extravagantly, that is, from spending over and above normal needs; and secondly, from starting to spend out from their property way before the need to do so, as if in a hurry, thinking of the near future when their wards would grow up and their property would have to be given to them and the guardian's control will be all over. The orphan's guardian, if needy, can take out some of his expenses from the orphan's property Does a person, who spends his time and labour in the upbringing of an orphan and is devoted to the protection of his property, have the right to take an honorarium for his services from the property of the orphan? The rule is given towards the later part of the verse when it is said: وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ (And whoever is rich he should abstain). It means that a person who is need-free as he can take care of his needs through some other means, then, he should not take any payment for his services from the property of the orphan, because this service is an obligation on him. Receiving payment for it is not permissible. Then, it was said: وَمَن كَانَ فَقِيرً‌ا فَلْيَأْكُلْ بِالْمَعْرُ‌وفِ (and whoever is poor he should consume in fairness). It means that the guardian of an orphan who is poor and needy and has no other source of earning his livelihood, he can consume a reasonable amount from the property of the orphans for his sustenance in a measure that is just about right to cover his basic needs. Having witnesses while handing over property The verse concludes with فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُوا عَلَيْهِمْ وَكَفَىٰ بِاللَّـهِ حَسِيبًا : It means: 'when you hand over to them their property (after having gone through the period of test and trial), have (some reliable and pious people as) witnesses upon them (so that there is no dispute later). And (remember that) Allah is sufficient for reckoning (for He has a count of everything within His sight). Payment for services rendered to country, community and Awqaf The contextual extension of the verse yields an important juristic rule and principle. It concerns people who supervise Awqaf (religious endowments, trusts and estates) or manage mosques and religious schools or head institutions of Muslim states or hold charge of similar other services rendered for the country and community, services the rendering of which is known in Islamic terminology as فرض علی الکفایہ fard 'alal 'kifayah (an obligation which, if discharged by some, will absolve others). For these gentlemen too, the superior and more meritorious conduct is - of course, if they have sufficient assets to take care of the necessary expenses needed to maintain their family - that they should not take anything from these institutions or from the public exchequer of the government. But, should it be that they do not have funds of their own to sustain themselves and they devote their earning time to such service-oriented activities, then, they have the right to take such funds from these institutions in proportion to their need. Please do notice the condition which is: 'in proportion to need'. A lot of people fix an insignificant monthly emolument shown on paper to satisfy legal requirements but they go on spending by various other means on their person and on their family recklessly, much much beyond it. There is just no remedy for this lack of caution except the fear of Allah. The last words of the verse: وَكَفَىٰ بِاللَّـهِ حَسِيبًا and Allah is sufficient for reckoning) invite everyone, masses or classes, to realize that the man who stays untouched by unlawful acquisitions will be the man who fears the final accounting by Allah. وباللہ التوفیق :And the ability to do so comes from Allah.

Right from the opening of Surah Al-Nis-a', the theme of universal human rights, particularly those relating to family life, has been appearing regularly. Verses before those dealt with the rights of orphans. The four verses here also take up particular rights of women and orphans which relate to inheritance. The first verse (7) refutes the custom of Jahiliyyah under which women were just not allowed to inherit. The verse declares their entitlement to their share as fixed by Islamic law and strictly forbids any attempt to decrease their due right. Since the subject concerned those who had a determined share in inheritance, and it is not uncommon that when such distribution is being made, some persons from among the poor and the orphans do make their appearance on the occasion, therefore the second verse (8) lays down the rule that they should be treated benignly. But, this command is not obligatory; it is, rather, commendatory. The third and fourth verses (9, 10) also emphasize the importance of injunctions relating to orphans. Commentary The right to inherit from parents and other nearest of kin Before Islam, orphans and women, the weaker links in the human chain, had been victims of all sorts of injustice. To begin with, none of their rights were recognized as such. Even if one of these was conceded, who could wrest it from men and hope to hold it safe? Such power and authority did not exist. The breakthrough came when Islam championed their cause, legalized their rights and instituted safeguards to see that these stay secure against infringements. All this happened in the background when nations around the world had allowed these two weaker units of human society to remain deprived of their natural and obligatory rights. Such was the state of the Law of inheritance. The pre-Islam Arabs seemed to have lived by the very principle that the one deserving of inheritance is the one who rides a horse, fights against enemies and collects battle spoils. (Ruh a1-Ma` ani, v. 4, p.21). As quite obvious, women and children could not live by this principle. So, according to their principle of inheritance, only a young and adult boy could become the inheritor. A girl was absolutely out of consideration for this purpose, irrespective of whether she was major or minor. And a boy too, if minor and immature, would not be deserving of inheritance. There was an incident during the blessed time of the Holy Prophet ﷺ when a Companion Sayyidna Aws ibn Thabit ؓ died. He left behind two daughters, a minor boy and his wife as the inheritors. But, very much like the old Arab custom, two of his cousins from the father's side came and took the whole property in their possession and just gave nothing to anyone from among the children and wife of their deceased brother. This may have been so because, according to their customary practice, a woman was absolutely out of the pale of inheritors, major or minor. This conveniently ruled out the wife and the two daughters. As far as the boy was concerned, he was a minor and, therefore, he too was excluded from inheriting anything. As a result, the two paternal cousins became the inheritors of the whole property. Inspite of what happened, the widow of Sayyidna Aws ibn Thabit ؓ still wanted that these cousins who had taken possession of the entire property left by her deceased husband might as well marry the two orphaned daughters so that she is relieved of the concern for their marriage. But, as they did not accept this proposal too, she went to the Holy Prophet ﷺ and narrated to him her sad story and explained the destitution of her children. Since, by that time, the 'verse of inheritance' was yet to be revealed in the Holy Qur'an, the noble Prophet ﷺ withheld his response. His heart was at peace; he was confident that this unjust practice will be removed through Divine revelation. Thereupon, the following verse was revealed: لِّلرِّ‌جَالِ نَصِيبٌ مِّمَّا تَرَ‌كَ الْوَالِدَانِ وَالْأَقْرَ‌بُونَ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا تَرَ‌كَ الْوَالِدَانِ وَالْأَقْرَ‌بُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ‌ ۚ نَصِيبًا مَّفْرُ‌وضًا ﴿7﴾ For men there is a she in what the parents and the nearest of kin have left. And for women there is a share in what the parents and the nearest of kin have left, be it small or large - a determined share. After that came the second verse of inheritance which contains the details of shares. The second section of this Surah comprises these details. So, the Holy Prophet ﷺ followed the injunctions of the Qur'an, gave the wife the one-eighth of the total inheritance and distributed the rest of the property over the son and the daughters of the deceased in a way that the half of it went to the boy and the remaining half was shared equally by the two girls; and the cousins, since they were not the nearest of kin as compared to children, were excluded. (Ruh al-Ma` ani) The rule of inheritance This verse lays down the rule relating to the law of inheritance as a corollary to some of its injunctions, which is مِّمَّا تَرَ‌كَ الْوَالِدَانِ وَالْأَقْرَ‌بُونَ in what the parents and the nearest of kin have left.) The two words, الوالدین 'alwalidan' (the parents) and الاقربون 'al-aqrabun' (the nearest of kin) spell out two basic principles of inheritance. The first one is the bond of birth which exists between children and their father and mother and which has been described through الوالدان 'al-walidan.' The second one is the general kinship which is the sense of the word, الاقربون 'al-aqrabun'. According to the correct interpretation, the word, الاقربون 'al-aqrabun' covers all kinds of family relationships. This may be the mutual bond of birth as in children and their parents; or, it may be of the other kind as in general family relationships; or, these may be relations established through marital connection. The word, الاقربون 'al-aqrabun' covers all, but parents were set apart specially because of their importance. Then, this word has also established another principle of inheritance, that is, the mere fact of kinship is not enough for a claim on inheritance. Rather, it is necessary that the heir is nearest in kinship, for - if the degree of nearness or closeness were not made the standard condition - the inheritance of every deceased person would have to be, of necessity, distributed over the entire human population of this wide world. The reason is simple to understand because everyone is the offspring of one father and mother, Adam and Eve, peace be on them. Be it close or not so close, there does exist some sort of mutual relationship in everyone. When it comes to distribution of inheritance, it is, to begin with, beyond the realm of possibility. However, speaking academically, if such an arrangement was somehow made, the resulting distribution of property would be something like one insignificant particle for each which will be no good for anyone. So, it was necessary that, given the pivotal position of kinship in the matter of inheritance, the principle should be: If choice has to be made from a collection of different relatives, then, the nearest of kin should be preferred over the farther ones and, in the presence of the nearest, the farthest should not be given a share. However, if there are relatives who are all declared to be the nearest at the same time, even if the nature of nearness in them be different, then, all of them will deserve a share in the inheritance as the father and mother alongwith children, or wife etc., for they all are the nearest, though the nature of nearness differs. In addition to that, this very word, 'al-aqrabun' establishes that the way men are sharers in inheritance, so are women and children, who too cannot be deprived of this right, for kinship of children, parents or any others, is the same in a boy and girl as far as the fact of being related is concerned. A boy is born to his parents and so is a girl, who is born to them. When the right to inherit depends on being related, there is no sense in depriving a small child or a girl. Another point about the style of the Holy Qur'an is worth noticing here. Instead of mentioning the entitlement of women in a separate sentence, the Holy Qur'an could have easily merged it with the entitlement of men in a single sentence, by saying, "For men and women both there is a share...." But the Holy Qur'an has elected to mention the entitlement of both sexes in two separate independent sentences, even though it seems to be a repetition. This is to emphasize the fact that the right of women in inheritance is quite independent and- is as important as the right of men. Furthermore, this very word, 'al-aqrabun' also tells us that the distribution of property left behind is not based on the criterion of need; it is, rather, based on the criterion of nearness in kinship. Therefore, it is not necessary that the one more needy among the relatives should be the one more deserving of a share in inheritance. On the contrary, the one nearest in kinship to the deceased will be the one more deserving of a share in the inheritance as compared to the farther - even though, the farther may be poorer and more needy. If we set aside the principle of nearness in kinship and use the need or the beneficial effects for some relatives as the criterion, it can neither turn into a rule nor can it take the form of a settled and solid law, because any criterion, other than nearness in kinship, will inevitably be temporary as based on opinion because poverty and need or usefulness are not permanent. Conditions change. Levels change. Under such conditions, there will appear a host of claimants and those responsible for settlement would have a hard time in arriving at decision. The problem of an orphaned grandson's inheritance If this Qur'anic principle is understood clearly, the problem of an orphaned grandson's inheritance - which has been made to look like a disputed issue for no sound reason - resolves itself automatically on the basis of a categorical decision. In other words, if an orphaned grandson is more needy as compared to the son, but in accordance with the law of 'al-aqrabun' (the nearest in kinship), he cannot claim a share in the inheritance because he is not 'the nearest' in the presence of the son, other arrangements have been made to take care of his needs. One such arrangement appears in the next verse. This religious position has been opposed by none but some of the contemporary, westernized modernists. Other than these, the entire Muslim Ummah has been holding the belief, as clarified by the Qur'an and the Hadith, that the grandson will not inherit in the presence of a son of the deceased, irrespective of whether his father is dead or alive. The right of inheritance is operative in everything owned by the deceased The phrase مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ‌, (be it small or large) in this verse corrects another custom practiced by some ignorant people where some things or properties were assigned to special inheritors. For example, a horse or some weapon like a sword could only be inherited by young males as a matter of right. Others were deprived of these. The instruction given by the Holy Qur'an makes it very clear that in everything under the ownership of the deceased, be it big or small, there is a standing right of all inheritors. It is not permissible for any inheritor to keep anything special for himself before the total inheritance has been formally distributed according to rules. Fixed shares in inheritance have been determined by Allah The last phrase (a determined share) in verse 7 is to stress that different shares fixed for different inheritors in the Holy Qur'an have been determined as such by Allah Almighty. Nobody has any right to add or delete or change or transpose any of these by personal opinion or analogical deduction. Inheritance is a compulsory transfer of ownership This particular word, نَصِيبًا مَّفْرُ‌وضًا (mafrudan: determined) throws light on yet another principle, that is, the ownership which passes on to inheritors through the law of inheritance is automatic and compulsory. It does not require the acceptance or consent of the inheritor nor is it necessary that he be satisfied with it. The fact is that, even if he were to make a clear declaration that he will not take his share, still then, he is the owner of his share in the sight of the Shari'ah. But, if he does not want to keep his share, he may, after having become the owner, gift it to somebody or sell it or distribute it, in accordance with the rules of Shari'ah. A sign of goodwill to other relatives It is likely that there are some relatives of the deceased who cannot receive a share from his inheritance according to the rules of Shari'ah. At the same time, it is obvious that everyone does not know the details of the system of share distribution. Generally, every relative would like to have some share out of the inheritance. Therefore, relatives who have been excluded under the provisions of the Islamic law of inheritance may feel disappointed at the time of the distribution of inheritance, specially so when they are physically present at that time, and more so when there are some orphans and poor and needy among them. A scenario in which other relatives are walking away with their respective shares while they simply look on is terrible.

Now look at the beauty and delicacy of the Qur'anic arrangement of things. On the one hand, there is the just rule offered by the Qur'an itself - that the nearer in kinship shall exclude the farther. On the other hand, there is that wonderful concern for the disappointment of the excluded farther'. Therefore, a regular verse (8) has been devoted to carry the necessary instruction as to how this situation will be handled: وَإِذَا حَضَرَ‌ الْقِسْمَةَ أُولُو الْقُرْ‌بَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينُ فَارْ‌زُقُوهُم مِّنْهُ وَقُولُوا لَهُمْ قَوْلًا مَّعْرُ‌وفًا ﴿8﴾ It means that distant relatives, orphans and the needy who are to be excluded from having a share in the inheritance and who, nevertheless, show up at the time of its distribution, then, it is the moral obligation of those who get a share in the inheritance that they voluntarily give them some of it, which would become an act of charity for them, and certainly, a modality of reward from Allah. At a time like this, when wealth and property are coming to them, without their having made any effort, simply through the mercy of Allah Almighty - then, their own hearts should beat with the urge to give whatever they can, in the way of Allah, an example of which appears in another verse (Al an'am: 6:141) cited below: كُلُوا مِن ثَمَرِ‌هِ إِذَا أَثْمَرَ‌ وَآتُوا حَقَّهُ يَوْمَ حَصَادِهِ That is, eat the fruit of your farm when it bears fruit and on the day of its harvesting give away the due (of the poor and the needy) on it. In short, the fact that distant kindred, orphans and the needy assemble at the time of the distribution of inheritance should be no cause of irritation. On the contrary one should be grateful to Allah that He has bestowed on him something he did not work for, therefore, it will be good to give away a part from it as a token of gratitude. In fact, one should take it as a God-sent opportunity to let these people have a little from what they have received which would certainly compensate the sense of deprivation faced by these people. Incidentally, this includes and covers the grandson of the deceased who was excluded from the inheritance. His uncles and paternal aunts should actually be pleased to give him something each from their respective shares. The statement at the end of the verse (8): وَقُولُوا لَهُمْ قَوْلًا مَّعْرُ‌وفًا (and speak to them in fair words) gives the guideline in case these people are not satisfied with the manner and quantum of what they get but start demanding a share equal to that of everybody else, then, this demand being unjust and contrary to Shari'ah, there is no way to satisfy it, however, instead of behaving to them in a crude manner which may hurt their feelings, the actual rules-of Shari'ah should be explained to them in a polite manner. They can be told that they do not have a share in the inheritance as stipulated by the rule of Islamic law and that which has been given to them has been given to them as a gift. At this point, one should make sure that the gift or donation given to such people does not come out of the total property inherited. Here it is important that the donation should be made by adult inheritors present, from their respective shares. Such gifts from the shares of the minor and the absent are not allowed in Shari'ah.

Fear Allah while distributing inheritance The third verse (9) addresses Muslims in general exhorting them to make it certain that the inheritance of the deceased reaches his children fully and fairly. They must abstain from any mode of action which may affect the share of the children adversely. The general sense of the verse covers the eventuality when one sees a Muslim making a will or disposing property off in a manner which could cause damage or loss to his children and other inheritors. If so, one must stop him from such bequeathal or such disposal, very much like what the Holy Prophet ﷺ did when he stopped the blessed Companion, Sayyidna Sa'd ibn Abi Waqqas ؓ ، from giving the whole, or half, of his property in charity (Sadaqah), allowing him to give only one-third of his property as such (Mishkat, Bab al-Wasaya, p. 265), because, 'If the whole, or half of the property was given in charity, the share of the inheritors would have either been all consumed, or curtailed. Also included in the general sense of the verse is that guardians of the orphaned children should protect their property and give it to them in full when they become mature. They should take pains to accomplish this mission of trust and never let the least negligence on their part affect their duty; if they wish that others treat their children well after them, without causing them any harm or injustice, then, they should treat the children of others - the orphans - in the same manner.