Monday, April 02, 2007

AN NISA 11-15



يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ فَإِن كُنَّ نِسَاء فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلأُمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلأُمِّهِ السُّدُسُ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَآؤُكُمْ وَأَبناؤُكُمْ لاَ تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً فَرِيضَةً مِّنَ اللّهِ إِنَّ اللّهَ كَانَ عَلِيما حَكِيمًا
{11}

[Yusufali 4:11] Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, 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 ordained by Allah; and Allah is All-knowing, Al-wise.





وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ
{12}

[Yusufali 4:12] In what your wives leave, your share is a half, if they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, if ye leave no child; but if ye leave a child, they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to any one). Thus is it ordained by Allah; and Allah is All-knowing, Most Forbearing.





تِلْكَ حُدُودُ اللّهِ وَمَن يُطِعِ اللّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الْفَوْزُ الْعَظِيمُ
{13}

[Yusufali 4:13] Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath, to abide therein (for ever) and that will be the supreme achievement.





وَمَن يَعْصِ اللّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ
{14}

[Yusufali 4:14] But those who disobey Allah and His Messenger and transgress His limits will be admitted to a Fire, to abide therein: And they shall have a humiliating punishment.





وَاللاَّتِي يَأْتِينَ الْفَاحِشَةَ مِن نِّسَآئِكُمْ فَاسْتَشْهِدُواْ عَلَيْهِنَّ أَرْبَعةً مِّنكُمْ فَإِن شَهِدُواْ فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىَ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللّهُ لَهُنَّ سَبِيلا
ً {15}

[Yusufali 4:15] If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.

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11
God charges you, He commands you, concerning, the matter of, your children, with what He will mention: to the male, of them, the equivalent of the portion, the lot, of two females, if there are two [women] with him, so that half the property is his, and the other half is theirs; if there is only one female with him, then she has a third, and he receives two thirds; if he is the only one, he takes it all; and if they, the offspring, be, only, women more than two, then for them two-thirds of what he, the deceased, leaves; likewise if they be two women, since in the case of two sisters, more deserving of such a share, God says, They shall receive two-thirds of what he leaves [Q. 4:176]; and since a female is entitled to a third with a male, she is all the more deserving [of the same share] with a female. It is said that fawq, 'more than', introduces a relative clause; it is also said to guard against the wrong impression that the greater the number [of females] the greater the portion [they are entitled to], since, it is [mistakenly] thought that the entitlement of two females to two-thirds derives from the fact that a female is entitled to one third when with a male; but if she, the daughter, be one (wāhidatan, is also read wāhidatun, making the kāna [construction] syntactically complete) then to her a half; and to his parents, the deceased's, to each one of the two (li-kulli wāhidin minhumā, substitutes for the previous li-abawayhi, 'to his parents'), the sixth of what he leaves, if he has a child, male or female: the point of the substitution is to show that they do not share the sixth [but receive one each]. [The term] 'child' (walad) also applies to a grandchild, and likewise 'parent' (abb) to a grandparent; but if he has no child, and his heirs are his parents, alone or along with a spouse, then to his mother (read li-ummihi; also read, in both places [here and further down], li-immihi in order to avoid the cumbersome transition from a damma ['u'] to a kasra ['I']); a third, of the property, or what remains after the spouse, the rest being for the father; or, if he has siblings, two or more, males or females, to his mother a sixth, and the rest for the father, and nothing for the siblings.


12
And for you a half of what your wives leave, if they have no children, from you or from another; but if they have children, then for you a fourth of what they leave, after any bequest they may bequeath, or any debt: the consensus is that the grandchild in this case is like the child. And for them, the wives, whether one or more, a fourth of what you leave, if you have no children; but if you have children, from them or from others, then for them an eighth of what you leave, after any bequest you may bequeath, or any debt; again the consensus is that the grandchild is as the child. If it be a man leaving an inheritance (yūrathu, 'being inherited from', is an adjectival qualification, the predicate of which is [the following kalālatan, 'without direct heir']) and not having a direct heir, that is, [having] neither a parent nor child, or it be a woman, leaving an inheritance and having no direct heir, but it be that such, a man leaving an inheritance with no direct heir, has a brother or a sister, from the same mother, as read by Ibn Mas'ūd and others, then to each of the two a sixth, of what he leaves; but if they, the siblings from the same mother, be more than that, that is, [more] than one, then they share a third, the male and female equally, after any bequest to be bequeathed or any debt without prejudice (ghayra mudārrin, is a circumstantial qualifier referring to the person governing [the verb] yūsā, 'to be bequeathed') in other words, without causing any prejudice to the inheritors by bequeathing more than the third); a charge (wasiyyatan, a verbal noun reaffirming [the import of] yūsīkum, 'He charges you' [of the beginning of the previous verse]) from God. God is Knowing, of the obligations which He has ordained for His creatures, Forbearing, in deferring the punishment of those that disobey Him. The Sunna specifies that the individuals mentioned may receive the relevant inheritance provided that they are not barred from it on account of their having committed murder, or [their belonging to] a different religion or being slaves.

13
Those, rulings mentioned with respect to orphans and what followed, are God's bounds, His laws, which He has delimited for His servants, so that they may act in accordance with them and not infringe them. Whoever obeys God and His Messenger, in what He has ruled, He will admit him (yudkhilhu, or, as a shift [to the first person plural] read nudkhilhu, 'We will admit him') to Gardens underneath which rivers flow, abiding therein; that is the great triumph.

14
But whoever disobeys God, and His Messenger; and transgresses His bounds, him He will admit ([read] in both ways [as above, yudkhilhu and nudkhilhu]) to a Fire, abiding therein, and for him, in it, there shall be a humbling chastisement, one of humiliation. In both [of the last] verses, the [singular] person [of the suffixed pronouns and the verbs] accords with the [singular] form of [the particle] man, 'whoever', while [the plural person in] khālidīn, 'abiding', accords with its [general plural] import.

15
As for those of your women who commit lewdness, adultery, call four, Muslim men, of you to witness against them; and if they witness, against them such [lewdness], then detain them in their houses, and prevent them from mixing with people, until, the angels of, death take them or, until, God appoints for them a way, out of it. This was stipulated for them at the very beginning of Islam, but then a way out was appointed for them through [the stipulation] that the virgin should receive a hundred lashes and be banished for a year, and the married woman be stoned. The prescribed punishment was explained thus in the hadīth, 'Come listen to me! Come listen to me! God has now made a way out for them', as reported by Muslim.