Continuation of the explanation of the saying of Allah the Exalted: “And to you belongs half of what your wives leave behind…”
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The Shaykh : Allah, Blessed and Exalted is He, said: [An-Nisa 4:12] The letter lam here indicates ownership, [An-Nisa 4:12]
From everything that constitutes wealth, which is that which is subject to a contract of buying and selling, or an exclusive right, such as that which its owner has exclusive use of but which is not subject to buying and selling, like trained dogs, or rights, such as the right of pre-emption, for example.
So the verse: is general for wealth, exclusive rights, and legal rights, everything that is left behind.
And His saying: is the plural of wife, and the intended meaning is women. The evidence that the intended meaning is women is His saying: and the address here is to the males.
[An-Nisa 4:12] means if they do not have a child, and the intended meaning of child here is a male or a female.
[An-Nisa 4:12] And the word child in both sentences is an indefinite noun in the context of a condition, so it is general for one or two, and it is also general for a direct child and the child of a direct child. Who is the child of a direct child? The children of the sons, however far down the line they may be.
He, Mighty and Majestic, says:[An-Nisa 4:12] The discussion of this phrase has already been mentioned.
Then He said:[An-Nisa 4:12] And we say about this as well what was mentioned previously regarding the inheritance of husbands from their wives, except that the situation in which the husband gets a quarter is the situation in which the wife gets an eighth, and the situation in which the husband gets a half is the situation in which the wife gets a quarter.
Now, the generality of child in both places includes a child from the deceased person themselves or from someone else. So if the wife who died had a child from other than the husband who inherits from her, the ruling does not differ between the child being from a previous husband or from the husband in whose womb she died. Likewise, if the husband dies, there is no difference between the children he left behind being from the woman who inherited from him or from another woman. So is the child considered in relation to the deceased or in relation to the survivor?
The student: In relation to the deceased.
The Shaykh : Are you sure?
The student: In relation to the survivor.
The Shaykh : The survivor is the woman, who inherits from the husband. So if the husband dies and he has no children, but the woman has children, how much does she inherit?
The student: A quarter.
The Shaykh : So the one considered is the deceased. For this reason, He said:[An-Nisa 4:12].
And for you is half of what your wives leave
ولكم نصف ما ترك أزواجكمhalf of what
نصف ما تركFrom everything that constitutes wealth, which is that which is subject to a contract of buying and selling, or an exclusive right, such as that which its owner has exclusive use of but which is not subject to buying and selling, like trained dogs, or rights, such as the right of pre-emption, for example.
So the verse:
what they left behind
ما تركAnd His saying:
your wives
أزواجكمto you belongs
ولكمif they have no child
إن لم يكن لهن ولدBut if they have a child, for you is one fourth of what they leave
فإن كان لهن ولد فلكم الربع مما تركنHe, Mighty and Majestic, says:
after any bequest they [may have] made or debt
من بعد وصية يوصين بها أو دينThen He said:
And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt.
ولهن الربع مما تركتم إن لم يكن لكم ولد فإن كان لكم ولد فلهن الثمن مما تركتم من بعد وصية توصون بها أو دينNow, the generality of child in both places includes a child from the deceased person themselves or from someone else. So if the wife who died had a child from other than the husband who inherits from her, the ruling does not differ between the child being from a previous husband or from the husband in whose womb she died. Likewise, if the husband dies, there is no difference between the children he left behind being from the woman who inherited from him or from another woman. So is the child considered in relation to the deceased or in relation to the survivor?
The student: In relation to the deceased.
The Shaykh : Are you sure?
The student: In relation to the survivor.
The Shaykh : The survivor is the woman, who inherits from the husband. So if the husband dies and he has no children, but the woman has children, how much does she inherit?
The student: A quarter.
The Shaykh : So the one considered is the deceased. For this reason, He said: