Draft:Verse of Tawaruth Zawjayn
| Verse's Information | |
|---|---|
| Name | Tawaruth Zawjayn |
| Sura | al-Nisa (Qur'an 4) |
| Verse | 12 |
| Juz' | 4 |
| Page | 79 |
| Content Information | |
| Place of Revelation | Medina |
| Topic | Inheritance of Husband and Wife |
| Related Verses | Qur'an 4:176 |
Qur'an 4:12, known as the Verse of Tawāruth Zawjayn (Arabic: آیة توارث بين الزوجين, Verse of Mutual Inheritance of Spouses) is the 12th verse of Sura al-Nisa, dealing with the rulings of inheritance between the husband and wife. This verse expresses rulings on which jurists of both Shi'a and Sunni schools agree. Some jurists have extracted six primary rulings and six secondary rulings regarding spousal inheritance from this verse. According to the text of this verse, the husband inherits half of the wife's property if she has no children, and one-fourth if she has children. The wife inherits one-fourth of the husband's property if he has no children, and one-eighth if he has children.
Text and Translation
| “ | وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ ۚ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ ۚ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ ۚ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ ۚ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ ۗ وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ ۚ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ ۚ وَصِيَّةً مِنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَلِيمٌ
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” |
| “ | For you shall be a half of what your wives leave, if they have no children; but if they have children, then for you shall be a fourth of what they leave, after [paying off] any bequest they may have made or any debt [they may have incurred]. And for them [it shall be] a fourth of what you leave, if you have no children; but if you have children, then for them shall be an eighth of what you leave, after [paying off] any bequest you may have made or any debt [you may have incurred]. If a man or woman is inherited by siblings and has a brother or a sister, then each of them shall receive a sixth; but if they are more than that, then they shall share in one third, after [paying off] any bequest he may have made or any debt [he may have incurred] without prejudice. [This is] an enjoinment from Allah, and Allah is all-knowing, all-forbearing.
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” |
| — Qur'an 4:12 | ||
Status
This verse, also known as the Verse of "Hajb" (Exclusion) or "Irth Zawja" (Wife's Inheritance), has received attention in jurisprudential sources in the discussion of inheritance; in addition to exegetical sources; Al-Shaykh al-Mufid derived six primary and six secondary rulings from this verse.[1] The rulings mentioned in this verse are agreed upon by consensus of Muslim jurists.[2]
Content
Six rulings regarding inheritance are stated in this verse. These rulings apply after the payment of the deceased's will and debts to the heirs. The rulings mentioned in the verse are:
- If the deceased wife had no children, half of her property goes to her husband.
- If the deceased wife had children, one-fourth of her property goes to her husband.
- If the deceased husband had no children, one-fourth of his property goes to his wife.
- If the deceased husband had children, his wife inherits one-eighth of the property.
- If the heir of a deceased man or woman is "Kalala" (relatives other than parents and children)[3]. They have one brother or sister (maternal); in this case, each of the brothers or sisters owns one-sixth of the inheritance.
- If the deceased had more than one brother and sister, all of them inherit one-third of the estate equally.
See Also
Notes
- ↑ Mufīd, al-Muqniʿa, p. 706.
- ↑ Ṭūsī, al-Tibyān, vol. 3, p. 134; Ibn ʿAbd al-Barr, al-Istidhkār, vol. 5, p. 328.
- ↑ Ibn Idris al-Hilli considers Kalala to be a deceased person who has no father, mother, or child to inherit from him (Ibn Idrīs al-Ḥillī, al-Muntakhab, vol. 1, p. 276). In contrast, some like al-Shaykh al-Tusi and al-Tabrisi consider Kalala to be the brothers and sisters of a deceased person who has no direct heirs (Ṭūsī, al-Tibyān, vol. 3, p. 135; Ṭabrasī, Tafsīr jawāmiʿ al-jāmiʿ, vol. 1, p. 379). According to a narration from Imam al-Sadiq (a), Kalala refers to someone who has no child or father, and here it refers to the maternal brothers and sisters of the deceased;. However, according to another verse, Kalala includes paternal or maternal brothers and sisters (Fayḍ Kāshānī, Tafsīr al-ṣāfī, vol. 1, p. 427).
References
- Ghafūrī, Khālid. "Qānūn-i tawāruth-i zawjayn az dīdgāh-i Qurʾān-i karīm". Faṣlnāma-yi Fiqh-i Ahl-i Bayt, no. 65, Spring 1390 Sh.
- Fayḍ Kāshānī, Muḥammad Muḥsin. Al-Tafsīr al-ṣāfī. Edited by Ḥusayn Aʿlamī. Tehran, Maktabat al-Ṣadr, 1416 AH.
- Ibn ʿAbd al-Barr, Yūsuf. Al-Istidhkār. Edited by Sālim Muḥammad ʿAṭā and Muḥammad ʿAlī Muʿawwaḍ. Beirut, Dār al-Kutub al-ʿIlmiyya, 2000.
- Ibn Idrīs al-Ḥillī, Muḥammad b. Aḥmad. Al-Muntakhab min tafsīr al-Qurʾān wa al-nukat al-mustakhraja min kitāb al-tibyān. Edited by Muḥammad Mahdī Mūsawī Khurasān. Najaf, Al-ʿAtaba al-ʿAlawiyya al-Muqaddasa, 1429 AH.
- Majlisī, Muḥammad Taqī. Rawḍat al-muttaqīn fī sharḥ man lā yaḥḍuruh al-faqīh. Edited by Ḥusayn Mūsawī and ʿAlī Panāh Ishtihārdī. n.p., Bunyād-i Farhang-i Islāmī, 1398 AH.
- Maʿrifat, Muḥammad Hādī. Tārīkh-i Qurʾān. Tehran, Samt, 1384 Sh.
- Mufīd, Muḥammad b. Muḥammad al-. Al-Muqniʿa. Edited by Muʾassasat al-Nashr al-Islāmī. Qom, Muʾassasat al-Nashr al-Islāmī, 1410 AH.
- Nawawī, Yaḥyā b. Sharaf. Al-Majmūʿ fī sharḥ al-muhadhdhab. n.p., Dār al-Fikr, n.d.
- Sharīf al-Murtaḍā, ʿAlī b. Ḥusayn. Al-Intiṣār. Edited by Muʾassasat al-Nashr al-Islāmī. Qom, Muʾassasat al-Nashr al-Islāmī, 1415 AH.
- Ṭabrasī, Faḍl b. Ḥasan al-. Tafsīr jawāmiʿ al-jāmiʿ. Edited by Muʾassasat al-Nashr al-Islāmī. Qom, Muʾassasat al-Nashr al-Islāmī, 1418 AH.
- Ṭūsī, Muḥammad b. Ḥasan al-. Al-Tibyān fī tafsīr al-Qurʾān. Edited by Aḥmad Ḥabīb Qaṣīr ʿĀmilī. n.p., Maktab al-Iʿlām al-Islāmī, 1409 AH.