The Quran

176

Preface

يَستَفتونَكَ قُلِ اللَّهُ يُفتيكُم فِي الكَلالَةِ ۚ إِنِ امرُؤٌ هَلَكَ لَيسَ لَهُ وَلَدٌ وَلَهُ أُختٌ فَلَها نِصفُ ما تَرَكَ ۚ وَهُوَ يَرِثُها إِن لَم يَكُن لَها وَلَدٌ ۚ فَإِن كانَتَا اثنَتَينِ فَلَهُمَا الثُّلُثانِ مِمّا تَرَكَ ۚ وَإِن كانوا إِخوَةً رِجالًا وَنِساءً فَلِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ ۗ يُبَيِّنُ اللَّهُ لَكُم أَن تَضِلّوا ۗ وَاللَّهُ بِكُلِّ شَيءٍ عَليمٌ

Yusuf Ali

They ask thee for a legal decision. Say: God directs (thus) about those who leave no descendants or ascendants as heirs. If it is a man¹ that dies, leaving a sister but no child, she shall have half the inheritance: If (such a deceased was) a woman, who left no child, her brother takes her inheritance: If there are two sisters, they shall have two-thirds of the inheritance (Between them): if there are Brothers and sisters, (they share), The male having twice the share of the female. Thus doth God make clear to you (His claw), lest ye err. And God hath knowledge of all things.

This verse supplements the rule of inheritance of the estate of a deceased person who has left as heir neither a descendant nor an ascendant. We shall call such a person A, who may be either a male or a female. In 4:12 (second half). A’s case was considered where he had left uterine brothers or sisters. Here As case is considered where he has left brothers and/or sisters by the father’s side, whether the mother was the same or not. “Brothers” and “sisters” in this verse must be construed to be such brothers and sisters.
For the sake of clearness I have expanded the terse language of the original in the translation. Let me explain it more concretely in this note. A, and “brother” and “sister” being strictly defined as above, we proceed to consider how A’s inheritance would be divided. If A left a widow or widower, the widow’s or widower’s share would first be calculated as in the first half of 4:12; if A left no spouse, this calculation would not be necessary. Then if A left a single “sister,” she would have a half share, the remaining half (insofar as it, or a part of it, does not fall to a spouse, if any) going to remoter heirs; if a single “brother,” he would have the whole (subject to the spouse’s right if there is a spouse); if more than one “brother,” they divide the whole (subject to, etc.). If A left two or more “sisters,” they get between them two-thirds, subject to the spouses right, if any. If A left a “brother” and 'sister,” or “brothers,” and “sisters,” they divide on the basis that each “brother’s” share is twice that of the “sister” (subject to, etc.). In all cases debts, funeral expenses, and legacies (to the amount allowed) have priority as in n. 522.