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walakum
وَلَكُمْ
And for you
niṣ'fu
نِصْفُ
(is) half
مَا
(of) what
taraka
تَرَكَ
(is) left
azwājukum
أَزْوَٰجُكُمْ
by your wives
in
إِن
if
lam
لَّمْ
not
yakun
يَكُن
is
lahunna
لَّهُنَّ
for them
waladun
وَلَدٌۚ
a child.
fa-in
فَإِن
But if
kāna
كَانَ
is
lahunna
لَهُنَّ
for them
waladun
وَلَدٌ
a child,
falakumu
فَلَكُمُ
then for you
l-rubuʿu
ٱلرُّبُعُ
(is) the fourth
mimmā
مِمَّا
of what
tarakna
تَرَكْنَۚ
they left,
min
مِنۢ
from
baʿdi
بَعْدِ
after
waṣiyyatin
وَصِيَّةٍ
any will
yūṣīna
يُوصِينَ
they have made
bihā
بِهَآ
[for which]
aw
أَوْ
or
daynin
دَيْنٍۚ
any debt.
walahunna
وَلَهُنَّ
And for them
l-rubuʿu
ٱلرُّبُعُ
(is) the fourth
mimmā
مِمَّا
of what
taraktum
تَرَكْتُمْ
you left,
in
إِن
if
lam
لَّمْ
not
yakun
يَكُن
is
lakum
لَّكُمْ
for you
waladun
وَلَدٌۚ
a child.
fa-in
فَإِن
But if
kāna
كَانَ
is
lakum
لَكُمْ
for you
waladun
وَلَدٌ
a child,
falahunna
فَلَهُنَّ
then for them
l-thumunu
ٱلثُّمُنُ
(is) the eighth
mimmā
مِمَّا
of what
taraktum
تَرَكْتُمۚ
you left
min
مِّنۢ
from
baʿdi
بَعْدِ
after
waṣiyyatin
وَصِيَّةٍ
any will
tūṣūna
تُوصُونَ
you have made
bihā
بِهَآ
[for which]
aw
أَوْ
or
daynin
دَيْنٍۗ
any debt.
wa-in
وَإِن
And if
kāna
كَانَ
is
rajulun
رَجُلٌ
a man
yūrathu
يُورَثُ
(whose wealth) is to be inherited
kalālatan
كَلَٰلَةً
(has) no parent or child
awi
أَوِ
or
im'ra-atun
ٱمْرَأَةٌ
a women
walahu
وَلَهُۥٓ
and for him
akhun
أَخٌ
(is) a brother
aw
أَوْ
or
ukh'tun
أُخْتٌ
a sister,
falikulli
فَلِكُلِّ
then for each
wāḥidin
وَٰحِدٍ
one
min'humā
مِّنْهُمَا
of (the) two
l-sudusu
ٱلسُّدُسُۚ
(is) the sixth.
fa-in
فَإِن
But if
kānū
كَانُوٓا۟
they are
akthara
أَكْثَرَ
more
min
مِن
from
dhālika
ذَٰلِكَ
that,
fahum
فَهُمْ
then they
shurakāu
شُرَكَآءُ
(are) partners
فِى
in
l-thuluthi
ٱلثُّلُثِۚ
the third,
min
مِنۢ
from
baʿdi
بَعْدِ
after
waṣiyyatin
وَصِيَّةٍ
any will
yūṣā
يُوصَىٰ
was made
bihā
بِهَآ
[for which]
aw
أَوْ
or
daynin
دَيْنٍ
any debt
ghayra
غَيْرَ
without
muḍārrin
مُضَآرٍّۚ
(being) harmful.
waṣiyyatan
وَصِيَّةً
An ordinance
mina
مِّنَ
from
l-lahi
ٱللَّهِۗ
Allah.
wal-lahu
وَٱللَّهُ
And Allah
ʿalīmun
عَلِيمٌ
(is) All-Knowing,
ḥalīmun
حَلِيمٌ
All-Forbearing.

Wa lakum nisfu maa taraka azwaajukum il lam yakul lahunna walad; fa in kaana lahunna waladun falakumur rub'u mimmaa tarakna mim ba'di wasiyyatiny yooseena bihaaa aw dayn; wa lahunnar rubu'u mimmaa tarakum il lam yakul lakum walad; fa in kaana lakum waladun falahunnas sumunu mimmaa taraktum; mim ba'di wasiyyatin toosoona bihaaa aw dayn; wa in kaana rajuluny yoorasu kalaalatan awim ra atunw wa lahooo akhun aw ukhtun falikulli waahidim minhumas sudus; fa in kaanooo aksara min zaalika fahum shurakaaa'u fissulusi mim ba'di wasiyyatiny yoosaa bihaaa aw dainin ghaira mudaaarr; wasiyyatam minal laah; wallaahu 'Aleemun Haleem

Sahih International:

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.

1 A. J. Arberry

And for you a half of what your wives leave, if they have no children; but if they have children, then for you of what they leave a fourth, after any bequest they may bequeath, or any debt. And for them a fourth of what you leave, if you have no children; but if you have children, then for them of what you leave an eighth, after any bequest you may bequeath, or any debt. If a man or a woman have no heir direct, but have a brother or a sister, to each of the two a sixth; but if they are more numerous than that, they share equally a third, after any bequest he may bequeath, or any debt not prejudicial; a charge from God. God is All-knowing, All-clement.

2 Abdul Haleem

You inherit half of what your wives leave, if they have no children; if they have children, you inherit a quarter. [In all cases, the distribution comes] after payment of any bequests or debts. If you have no children, your wives’ share is a quarter; if you have children, your wives get an eighth. [In all cases, the distribution comes] after payment of any bequests or debts. If a man or a woman dies leaving no children or parents, but a single brother or sister, he or she should take one-sixth of the inheritance; if there are more siblings, they share one-third between them. [In all cases, the distribution comes] after payment of any bequests or debts, with no harm done to anyone: this is a commandment from God: God is all knowing and benign to all.

3 Abdul Majid Daryabadi

And ye will have half of that which your wives may leave, if they have no Child, but if they have a child then ye shall have one- fourth of that which they may leave, after paying a bequest they may have bequeathed or a debt. And they shall have one-fourth of that which ye may leaves if ye have no child; but if ye have a child then they will have one-eighth of that which ye may leave, after paying a bequest ye may have bequeathed or a debt. And if a man or a woman who leaveth the heritage hath no direct heirs but hath a brother or a sister, each of the twain will have a sixth; and if more than one, then they will have equal shares in one third after paying a bequest they may have bequeathed or a debt without prejudice: an ordinance this from Allah; and Allah Is Knowing, Forbearing.

4 Abdullah Yusuf Ali

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.

5 Abul Ala Maududi

And to you belongs half of whatever has been left behind by your wives if they die childless; but if they have any children then to you belongs a fourth of what they have left behind, after payment of the bequest they might have made or any debts outstanding against them. And to them belongs a fourth of what you leave behind, if you die childless; and if you have any child then to them belongs one-eighth of what you have left behind, after the payment of the bequest you might have made or any debts outstanding against you. And if the man or woman has no heir in the direct line, but has a brother or sister, then each of these shall inherit one-sixth; but if they are more than two, then they shall inherit one-third of the inheritance, after the payment of the bequest that might have been made or any debts outstanding against the deceased, providing that the bequest causes no injury. This is a commandment from Allah; Allah is All-Knowing, All-Forbearing.

6 Ahmed Ali

Your share in the property the wives leave behind is half if they die without an issue, but in case they have left children, then your share is one-fourth after the payment of legacies and debts; and your wife shall inherit one-fourth of what you leave at death if you die childless, if not, she will get one-eighth of what you leave behind after payment of legacies and debts. If a man or a woman should die without leaving either children or parents behind but have brother and sister, they shall each inherit one-sixth. In case there are more, they will share one-third of the estate after payment of legacies and debts without prejudice to others. This is the decree of God who knows all and is kind.

7 Ahmed Raza Khan

And from what your wives leave, half is for you if they do not have any child; or if they have a child for you is a fourth of what they leave, after any will they may have made or debt to be paid; and to the women is a fourth of what you leave behind, if you do not have any child; or if you have a child then an eighth of what you leave behind, after any will you may have made, or debt to be paid; and if a deceased does not leave behind a mother, father or children but has a brother or a sister through a common mother, then to each of them a sixth; and if they (brothers and sisters) are more than two, then they shall all share in a third, after any will that may have been made or debt to be paid, in which the deceased has not caused a loss (to the heirs); this is the decree of Allah; and Allah is All Knowing, Most Forbearing.

8 Ali Quli Qarai

For you shall be a half of what your wives leave, if they have no children; but if they have children, then for you shall be a fourth of what they leave, after [paying off] any bequest they may have made or any debt [they may have incurred]. And for them [it shall be] a fourth of what you leave, if you have no children; but if you have children, then for them shall be an eighth of what you leave, after [paying off] any bequest you may have made or any debt [you may have incurred]. If a man or woman is inherited by siblings and has a brother or a sister, then each of them shall receive a sixth; but if they are more than that, then they shall share in one third, after [paying off] any bequest he may have made or any debt [he may have incurred] without prejudice. [This is] an enjoinment from Allah, and Allah is all-knowing, all-forbearing.

9 Ali Ünal

And for you is a half of what your wives leave behind, if they have no children; but if they have a child, then you shall have one-fourth of what they leave behind – after deduction for any bequest they may have made and any debt (incurred by them). And for them is one-fourth of what you leave behind, if you have no children; but if you have a child, then they shall have one-eighth of what you leave behind – after deduction for any bequest you may have made and any debt (incurred by you). And if a man or a woman has no heir in the direct line, but has a brother or a sister (on the mother’s side), for him or her is one-sixth; but if there are two or more, then they shall be sharers in one-third – after deduction for any bequest that may have been made or debt; neither (bequest or debt) intending harm (to the rights of the heirs in such ways as declaring fictitious debts or bequeathing more than one-third of one’s estate). A commandment from God. God is All-Knowing (of all your intentions, actions, and outcomes), All-Clement (not hasty to punish the errors of His servants).

10 Amatul Rahman Omar

And for you is half of that which your wives leave behind, if they have no child; but if they have a child, then for you is one fourth of what they leave behind, after (the payment of) any bequest they may have bequeathed or (still more important) of any (of their) debt. And for them (- your wives) is one fourth of what you leave behind if you have no child; but if you leave a child, then, for them is an eighth of what you leave after (the payment of) any bequest you have bequeathed or (still more important) of any debt. And if there be a man or a woman whose heritage is to be divided and he (or she - the deceased) has no child and he (or she) has (left behind) a brother or a sister then for each one of the twain is a sixth; but if they be more than one then they are (equal) sharers in one third after the payment of any bequest bequeathed or (still more important) of any debt (provided such bequest made by the testator and the debt) shall be without (any intent of) being harmful (to the interests of the heirs). This is an injunction from Allâh, and Allâh is All-Knowing, Most Forbearing.

11 English Literal

And for you (P) half (of) what your (P) spouses/wives left, if (there) was/is not for them (F) a child, so if (there) was/is for them a child, so for you (P) the quarter from what they (F) left from after a bequest/will they (F) bequeath/direct with it or a debt, and for them (F) the quarter from what you (P) left, if (there) was not for you (P) a child, so if (there) was for you (P) a child, so for them (F) the eighth from what you (P) left from after a bequest/will you (P) bequeath/direct with it or a debt, and if (he) was/is a man to be inherited without a child or father or a woman (wife), and for him (is) a brother, or a sister, so for each one from them (B) the sixth, so if they were more than that, so they are partners in the third, from after a bequest/will is bequeathed/directed with it or a debt not harming, (a) direction/command from God, and God (is) knowledgeable clement. (NOTICE THAT SOME TRANSLATIONS MISTRANSLATED THE TERM IN THE PRECEDING VERSE BY OMITTING WIVES IN THE DEFINITION)

12 Faridul Haque

And from what your wives leave, half is for you if they do not have any child; or if they have a child for you is a fourth of what they leave, after any will they may have made or debt to be paid; and to the women is a fourth of what you leave behind, if you do not have any child; or if you have a child then an eighth of what you leave behind, after any will you may have made, or debt to be paid; and if a deceased does not leave behind a mother, father or children but has a brother or a sister through a common mother, then to each of them a sixth; and if they (brothers and sisters) are more than two, then they shall all share in a third, after any will that may have been made or debt to be paid, in which the deceased has not caused a loss (to the heirs); this is the decree of Allah; and Allah is All Knowing, Most Forbearing.

13 Hamid S. Aziz

But whoever rebels against Allah and His Messenger, and transgresses His bounds, He will make him enter into fire, and dwell therein for ever; and for him is shameful woe.

14 Hilali & Khan

In that which your wives leave, your share is a 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 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 lagacies 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.

15 Maulana Mohammad Ali

Allah enjoins you concerning your children: for the male is the equal of the portion of two females; but if there be more than two females, two-thirds of what the deceased leaves is theirs; and if there be one, for her is the half. And as for his parents, for each of them is the sixth of what he leaves, if he has a child; but if he has no child and (only) his two parents inherit him, for his mother is the third; but if he has brothers, for his mother is the sixth, after (payment of) a bequest he may have bequeathed or a debt. Your parents and your children, you know not which of them is the nearer of you in benefit. This is an ordinance from Allah. Allah is surely ever Knowing, Wise.

16 Mohammad Habib Shakir

And you shall have half of what your wives leave if they have no child, but if they have a child, then you shall have a fourth of what they leave after (payment of) any bequest they may have bequeathed or a debt; and they shall have the fourth of what you leave if you have no child, but if you have a child then they shall have the eighth of what you leave after (payment of) a bequest you may have bequeathed or a debt; and if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have the sixth, but if they are more than that, they shall be sharers in the third after (payment of) any bequest that may have been bequeathed or a debt that does not harm (others); this is an ordinance from Allah: and Allah is Knowing, Forbearing.

17 Mohammed Marmaduke William Pickthall

And unto you belongeth a half of that which your wives leave, if they have no child; but if they have a child then unto you the fourth of that which they leave, after any legacy they may have bequeathed, or debt (they may have contracted, hath been paid). And unto them belongeth the fourth of that which ye leave if ye have no child, but if ye have a child then the eighth of that which ye leave, after any legacy ye may have bequeathed, or debt (ye may have contracted, hath been paid). And if a man or a woman have a distant heir (having left neither parent nor child), and he (or she) have a brother or a sister (only on the mother's side) then to each of them twain (the brother and the sister) the sixth, and if they be more than two, then they shall be sharers in the third, after any legacy that may have been bequeathed or debt (contracted) not injuring (the heirs by willing away more than a third of the heritage) hath been paid. A commandment from Allah. Allah is Knower, Indulgent.

18 Muhammad Sarwar

If your wives die without any surviving children, you will inherit half of their legacy. If they have children, you will inherit one-fourth of their legacy after the debts and things bequeathed have been excluded from the legacy. After the payment of debts and things bequeathed have been excluded from the legacy, your wives will inherit one-fourth of your legacy if you have no surviving children. If you leave a child, they will inherit one eighth of your legacy. If the deceased, either male or female, has no surviving heirs such as parents or children but has a brother or a sister, the brother or sister will each inherit one-sixth of the legacy. If there are more than just a brother or a sister, they will share one-third of the legacy. This is after the payment of any debts and things bequeathed have been excluded from the legacy, so that no one will be caused to suffer any loss. It is a guide from God, the All-knowing and Forbearing.

19 Qaribullah & Darwish

For you half of what your wives leave if they have no child. If they have a child, a quarter of what they leave shall be yours after any bequest she had bequeathed, or any debt. And for them (the females) they shall inherit one quarter of what you leave if you have no child. If you have a child, they shall inherit one eighth, after any bequest you had bequeathed, or any debt. If a man or a woman have no direct heirs, but have a brother or a sister, to each of the two a sixth. If they are more than that, they shall equally share the third, after any bequest that he had bequeathed or any debt without harm. This is an obligation from Allah. He is the Knower, the Clement.

20 Safi-ur-Rahman al-Mubarakpuri

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 Kalalah 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.

21 Wahiduddin Khan

You will inherit half of what your wives leave, provided they have left no children. But if they leave children then you inherit a quarter of what they leave, after payment of any bequests they may have made or any debts they may have incurred. Your wives shall inherit one quarter of what you leave if you are childless. But if you leave children, your wives shall inherit one eighth, after payment of any bequest or debts. If a man or woman has no direct heirs [neither children or parents] but has left a brother or a sister, they shall each inherit one sixth, but if they are more than two, they share one third between them, after payment of any bequests or debts, so that no harm is done to anyone. That is a commandment from God: God is all knowing and forbearing.

22 Talal Itani

You get one-half of what your wives leave behind, if they had no children. If they had children, you get one-fourth of what they leave. After fulfilling any bequest and paying off debts. They get one-fourth of what you leave behind, if you have no children. If you have children, they get one-eighth of what you leave. After fulfilling any bequest and paying off debts. If a man or woman leaves neither parents nor children, but has a brother or sister, each of them gets one-sixth. If there are more siblings, they share one-third. After fulfilling any bequest and paying off debts, without any prejudice. This is a will from God. God is Knowing and Clement.

23 Tafsir jalalayn

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 (yrathu, `being inherited from', is an adjectival qualification, the predicate of which is [the following kallatan, `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`d 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 mudrrin, is a circumstantial qualifier referring to the person governing [the verb] ys, `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] yskum, `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.

24 Tafseer Ibn Kathir

Share of the Spouses in the Inheritance

Allah says;

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

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.

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 إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ

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.

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,
مِّن بَعْدِ وَصِيَّةٍ
(After payment of legacies).
The Meaning of Kalalah

Allah said,

وَإِن كَانَ رَجُلٌ يُورَثُ كَلَلَةً أَو امْرَأَةٌ

If the man or woman whose inheritance is in question was left in Kalalah,
Kalalah is a derivative of Iklil; the crown that surrounds the head.

The meaning of Kalalah 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 Kalalah, 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.
Kalalah 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 Kalalah 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-Nakhai, Al-Hasan Al-Basri, Qatadah, Jabir bin Zayd and Al-Hakam.

This is also the view of the people of Al-Madinah, Kufah, Basra, 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 كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء 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 Kalalah, 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 يُوصَى بِهَأ أَوْ دَيْنٍ غَيْرَ مُضَأرٍّ

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 ordained 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 حَقَ حَقَّهُ فَلَ وَصِيَّةَ لِوَارِث

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

وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ



This is a Commandment from Allah; and Allah is Ever All-Knowing, Most Forbearing