4:12

۞وَلَكُمۡ نِصۡفُ مَا تَرَكَ أَزۡوَٰجُكُمۡ إِن لَّمۡ يَكُن لَّهُنَّ وَلَدٞۚ فَإِن كَانَ لَهُنَّ وَلَدٞ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكۡنَۚ مِنۢ بَعۡدِ وَصِيَّةٖ يُوصِينَ بِهَآ أَوۡ دَيۡنٖۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكۡتُمۡ إِن لَّمۡ يَكُن لَّكُمۡ وَلَدٞۚ فَإِن كَانَ لَكُمۡ وَلَدٞ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكۡتُمۚ مِّنۢ بَعۡدِ وَصِيَّةٖ تُوصُونَ بِهَآ أَوۡ دَيۡنٖۗ وَإِن كَانَ رَجُلٞ يُورَثُ كَلَٰلَةً أَوِ ٱمۡرَأَةٞ وَلَهُۥٓ أَخٌ أَوۡ أُخۡتٞ فَلِكُلِّ وَٰحِدٖ مِّنۡهُمَا ٱلسُّدُسُۚ فَإِن كَانُوٓاْ أَكۡثَرَ مِن ذَٰلِكَ فَهُمۡ شُرَكَآءُ فِي ٱلثُّلُثِۚ مِنۢ بَعۡدِ وَصِيَّةٖ يُوصَىٰ بِهَآ أَوۡ دَيۡنٍ غَيۡرَ مُضَآرّٖۚ وَصِيَّةٗ مِّنَ ٱللَّهِۗ وَٱللَّهُ عَلِيمٌ حَلِيمٞ

Walakum nisfu ma taraka azwajukum in lam yakun lahunna waladun fain kana lahunna waladun falakumu alrrubuAAu mimma tarakna min baAAdi wasiyyatin yooseena biha aw daynin walahunna alrrubuAAu mimma taraktum in lam yakun lakum waladun fain kana lakum waladun falahunna alththumunu mimma taraktum min baAAdi wasiyyatin toosoona biha aw daynin wain kana rajulun yoorathu kalalatan awi imraatun walahu akhun aw okhtun falikulli wahidin minhuma alssudusu fain kanoo akthara min thalika fahum shurakao fee alththuluthi min baAAdi wasiyyatin yoosa biha aw daynin ghayra mudarrin wasiyyatan mina Allahi waAllahu AAaleemun haleemun

And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. 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. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.

Word by word
  1. ۞وَلَكُمۡAnd for you
  2. نِصۡفُ(is) half
  3. مَا(of) what
  4. تَرَكَ(is) left
  5. أَزۡوَٰجُكُمۡby your wives
  6. إِنif
  7. لَّمۡnot
  8. يَكُنis
  9. لَّهُنَّfor them
  10. وَلَدٞۚa child
  11. فَإِنBut if
  12. كَانَis
  13. لَهُنَّfor them
  14. وَلَدٞa child
  15. فَلَكُمُthen for you
  16. ٱلرُّبُعُ(is) the fourth
  17. مِمَّاof what
  18. تَرَكۡنَۚthey left
  19. مِنۢfrom
  20. بَعۡدِafter
  21. وَصِيَّةٖany will
  22. يُوصِينَthey have made
  23. بِهَآ[for which]
  24. أَوۡor
  25. دَيۡنٖۚany debt
  26. وَلَهُنَّAnd for them
  27. ٱلرُّبُعُ(is) the fourth
  28. مِمَّاof what
  29. تَرَكۡتُمۡyou left
  30. إِنif
  31. لَّمۡnot
  32. يَكُنis
  33. لَّكُمۡfor you
  34. وَلَدٞۚa child
  35. فَإِنBut if
  36. كَانَis
  37. لَكُمۡfor you
  38. وَلَدٞa child
  39. فَلَهُنَّthen for them
  40. ٱلثُّمُنُ(is) the eighth
  41. مِمَّاof what
  42. تَرَكۡتُمۚyou left
  43. مِّنۢfrom
  44. بَعۡدِafter
  45. وَصِيَّةٖany will
  46. تُوصُونَyou have made
  47. بِهَآ[for which]
  48. أَوۡor
  49. دَيۡنٖۗany debt
  50. وَإِنAnd if
  51. كَانَ[is]
  52. رَجُلٞa man
  53. يُورَثُ(whose wealth) is to be inherited
  54. كَلَٰلَةً(has) no parent or child
  55. أَوِor
  56. ٱمۡرَأَةٞa women
  57. وَلَهُۥٓand for him
  58. أَخٌ(is) a brother
  59. أَوۡor
  60. أُخۡتٞa sister
  61. فَلِكُلِّthen for each
  62. وَٰحِدٖone
  63. مِّنۡهُمَاof (the) two
  64. ٱلسُّدُسُۚ(is) the sixth
  65. فَإِنBut if
  66. كَانُوٓاْthey are
  67. أَكۡثَرَmore
  68. مِنthan
  69. ذَٰلِكَthat
  70. فَهُمۡthen they
  71. شُرَكَآءُ(are) partners
  72. فِيin
  73. ٱلثُّلُثِۚthe third
  74. مِنۢfrom
  75. بَعۡدِafter
  76. وَصِيَّةٖany will
  77. يُوصَىٰwas made
  78. بِهَآ[for which]
  79. أَوۡor
  80. دَيۡنٍany debt
  81. غَيۡرَwithout
  82. مُضَآرّٖۚ(being) harmful
  83. وَصِيَّةٗAn ordinance
  84. مِّنَfrom
  85. ٱللَّهِۗAllah
  86. وَٱللَّهُAnd Allah
  87. عَلِيمٌ(is) All-Knowing
  88. حَلِيمٞAll-Forbearing
An-Nisa · 4:12Madinah

A will is not a weapon.

Last wishes that cause no harm


What comes first
debtspaid first
then
the willfair, without harm
then
the heirsspouses, siblings, all named
The phrase that guards it
settle scorescut out the one I resent
without harmno one wronged by my wishes

This verse continues the shares, naming husbands, wives, and brothers and sisters. Woven through it is one condition: a will made without causing harm. Ibn Kathir explains this as not depriving a rightful heir or adding to someone's fixed portion. The verse ends by calling Allah Knowing and Forbearing.

You hear of someone who changed their will after a family argument. Or who quietly moved everything to one child. Last words can be used to punish. Your final wishes are one of your last deeds, and Allah sees them.

What I leave behind is mine to use however I want, even to make a point.

My last wishes should leave no one wronged, because they are deeds too.

Try this

Write down any debts you owe today, even small ones, so they will not be forgotten.

Simplified reflection. Read the tafsir for scholarship.draft
Tafsir Ibn Kathir

In that which your wives leave, your share is half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in 'Kalālah' 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 he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most Forbearing (12)

Share of the Spouses in the Inheritance

Allah says to the husband, you get half of what your wife leaves behind if she dies and did not have a child. If she had a child, you get one-fourth of what she leaves behind, after payment of legacies that she may have bequeathed, or her debts. We mentioned before that payment of debts comes before fulfilling the will, and then comes the will, then the inheritance, and there is a consensus on this matter among the scholars. And the rule applies to the grandchildren as well as the children, even if they are great-grandchildren (or even further in generation) Allah then said,

وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ

(In that which you leave, their (your wives) share is a fourth) and if there is more than one wife, they all share in the fourth, or one-eighth that the wife gets. Earlier, we explained Allah's statement,

مِن بَعْدِ وَصِيَّةٍ 

(After payment of legacies)

The Meaning of Kalālah

Allah said,

وَإِن كَانَ رَجُلٌ يُورَثُ كَلَالَةً 

(If the man or woman whose inheritance is in question was left in 'Kalālah'.)

Kalalah is a derivative of Iklil; the crown that surrounds the head. The meaning of 'Kalālah' in this Ayah is that the person's heirs come from other than the first degree of relative. Ash-Sha'bi reported that when Abu Bakr As-Siddiq was asked about the meaning of 'Kalālah', he said, "I will say my own opinion about it, and if it is correct, then this correctness is from Allah. However, if my opinion is wrong, it will be my error and because of the evil efforts of Shaytan, and Allah and His Messenger have nothing to do with it. 'Kalālah' refers to the man who has neither descendants nor ascendants." When 'Umar became the Khalifah, he said, "I hesitate to contradict an opinion of Abu Bakr." This was recorded by Ibn Jarir and others.

In his Tafsir, Ibn Abi Hatim recorded that Ibn 'Abbas said, "I was among the last persons to see 'Umar bin Al-Khattab, and he said to me, 'What you said was the correct opinion.' I asked, 'What did I say?' He said, 'That 'Kalālah' refers to the person who has no child or parents.'" This is also the opinion of 'Ali bin Abi Talib, Ibn Mas'ud, Ibn 'Abbas, Zayd bin Thabit, Ash-Sha'bi, An-Nakha'i, Al-Hasan Al-Basri, Qatadah, Jabir bin Zayd and Al-Hakam . This is also the view of the people of Al-Madinah, Kufah, Basrah, the Seven Fuqaha', the Four Imams and the majority of scholars of the past and present, causing some scholars to declare that there is a consensus on this opinion.

The Ruling Concerning Children of the Mother From Other Than the Deceased's Father

Allah said,

وَلَهُ أَخٌ أَوْ أُخْتٌ

(But has left a brother or a sister), meaning, from his mother's side, as some of the Salaf stated, including Sa'd bin Abi Waqqas. Qatadah reported that this is the view of Abu Bakr As-Siddiq.

فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوا أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ

(Each one of the two gets a sixth; but if more than two, they share in a third.) There is a difference between the half brothers from the mother's side and the rest of the heirs. First, they get a share in the inheritance on account of their mother. Second, the males and females among them get the same share. Third, they only have a share in the inheritance when the deceased's estate is inherited in 'Kalālah', for they do not have a share if the deceased has a surviving father, grandfather, child or grandchild. Fourth, they do not have more than a third, no matter how numerous they were. Allah's statement,

مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ

(After payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone).) means, let the will and testament be fair and free of any type of harm, without depriving some rightful heirs from all, or part of their share, or adding to the fixed portion that Allah or dained for some heirs. Indeed, whoever does this, will have disputed with Allah concerning His decision and division. An authentic Hadith states,

إِنَّ اللهَ قَدْ أَعْطَى كُلَّ ذِي حَقٍّ حَقَّهُ فَلَا وَصِيَّةَ لِوَارِثٍ

(Allah has given each his fixed due right. Therefore, there is no will for a rightful inheritor.)