The Quran

Preface

يوصيكُمُ اللَّهُ في أَولادِكُم ۖ لِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ ۚ فَإِن كُنَّ نِساءً فَوقَ اثنَتَينِ فَلَهُنَّ ثُلُثا ما تَرَكَ ۖ وَإِن كانَت واحِدَةً فَلَهَا النِّصفُ ۚ وَلِأَبَوَيهِ لِكُلِّ واحِدٍ مِنهُمَا السُّدُسُ مِمّا تَرَكَ إِن كانَ لَهُ وَلَدٌ ۚ فَإِن لَم يَكُن لَهُ وَلَدٌ وَوَرِثَهُ أَبَواهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِن كانَ لَهُ إِخوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ مِن بَعدِ وَصِيَّةٍ يوصي بِها أَو دَينٍ ۗ آباؤُكُم وَأَبناؤُكُم لا تَدرونَ أَيُّهُم أَقرَبُ لَكُم نَفعًا ۚ فَريضَةً مِنَ اللَّهِ ۗ إِنَّ اللَّهَ كانَ عَليمًا حَكيمًا

Yusuf Ali

God (thus) directs you as regards your Children?s¹ (Inheritance): to the male, a portion equal to that of two females: if only daughters, two or more,² their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased Left brothers (or sisters) the mother has a sixth. (The distribution in all cases (?s) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained³ by God. and God is All-knowing, All-wise.

The principles of inheritance law are laid down in broad outline in the Qur-ān; the precise details have been worked out on the basis of the Prophet’s practice and that of his Companions, and by interpretation and analogy. Muslim jurists have collected a vast amount of learning on this subject, and this body of law is enough by itself to form the subject of life-long study. Here we shall deal only with the broad principles to be gathered from the Text, as interpreted by the Jurists.
(1) The power of testamentary disposition extends over only one-third of the Property; the remaining two-thirds are distributed among heirs as laid down. (2) All distribution takes place after the legacies and debts (including funeral expenses) have first been paid. (3) Legacies cannot be left to any of the heirs included in the scheme of distribution; or it will amount to upsetting the shares and undue preference of one heir to another. (4) Generally, but not always, the male takes a share double that of a female in his own category.
At first sight, the Arabic words seem to mean: “If more than two daughters.”
But the alternative in the next clause is: “if only one daughter.” Logically, therefore, the first clause must mean: “if daughters, two or more.” This is the general interpretation, and is confirmed by the supplementary provision in 4:176 at the end of the Sūra, which should be read along with this.
The verse deals with the portions allotted to (a) children, and (b) parents. The next verse deals with the portions allotted to (c) husband or wife of the deceased, and (d) collaterals. The children’s shares are fixed, but their amount will depend upon what goes to the parents. If both parents are living, and there are also children, both father and mother take a sixth each; if only one parent is living, he or she takes his or her sixth; and the rest goes to the children. If the parents are living, and there is no child or other heir, the mother gets a third (and the father the remaining two-thirds); if there are no children, but there are brothers or sisters (this is interpreted strictly in the plural), the mother has a sixth, and the father apparently the residue, as the father excludes collaterals. This is far from being an exhaustive statement, but it establishes the proposition that children and parents have always some share if they survive, but their shares are affected by the existence and number of the heirs in these categories.