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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Exegesis of the saying of Allah the Exalted: {To the male, a share equal to that of two females}

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Question:
With the blessing of Allah, we begin this session with a message received from the questioner (J. J.) from the Arab Republic of Egypt. She says: I ask the Shaykh to clarify for me in the noble verse:
for the male, what is equal to the share of two femalesلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
[Al-Nisa: 11] Is this only in inheritance? Or is it in all matters, such as food, drink, and clothing, and whether the children are small children or adult men and women?
Please guide us in light of that, O honorable Shaykh.

Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
The preference of the male over the female in inheritance is the text of the Noble Qur'an. Allah (Exalted and Majestic is He) said:
Allah instructs you concerning your children: for the male, what is equal to the share of two femalesيُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
[Al-Nisa: 11] in Surat al-Nisa, and He said at the end of it:
They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلالَةِ إِنْ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَا إِنْ لَمْ يَكُنْ لَهَا وَلَدٌ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ يُبَيِّنُ اللَّهُ لَكُمْ أَنْ تَضِلُّوا وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ
[Al-Nisa: 176] . This is regarding inheritances.
As for matters other than inheritance, there is a detailed ruling:
If a person has children, some of whom are wealthy and some are poor, he is obligated, if he is able, to provide for the poor ones until their needs are met.
As for the wealthy ones, he is not obligated to give them the same as he gives the poor ones; because this is not a gift, nor is it inheritance, but rather it is obligatory maintenance. Likewise, if he has adult women and wealthy adult men, he provides for the women's needs, and the men have no right to that; because it falls under the category of maintenance, not the category of gifts, nor the category of inheritance. Rather, equality is required in gifts, as the Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.اتقوا الله، واعدلوا بين أولادكم
Sahih al-Bukhari 2587
He should be equal among them in gifts, like inheritance
for the male, what is equal to the share of two femalesللذكر مثل حظ الأنثيين
[An-Nisa 4:11]
If he gives the male two thousand, he gives the female one thousand, in addition to maintenance.
As for maintenance, it is according to need. So if the son is wealthy and the daughter is poor, he provides for the daughter. And the reverse: if the son is poor and the daughter is wealthy, he provides for the son. He is not obligated to be equal or to prefer one over the other in this. This is a matter known to all scholars of knowledge. May Allah guide them all. Yes.

The presenter: O Allah, amen.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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