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Shiavault - a Vault of Shia Islamic Books Al Mizan an Exegesis of the Quran (volume Seven) Volume 7: Surah An-nisaa, Verses 7-10 Men shall have a share of what the parents and the near relatives leave, and women shall have a share of what the parents and the near relatives leave, whether there is little or much of it; a decreed share (7). When there are present at the division the relatives and the orphans and the needy, give them (something) out of it and speak to them kind words (8).
And let those fear who, should they leave behind them weakly offspring, would fear on their account; so let them fear Allah, and let them speak right words (9). (As for) those who swallow the property of the orphans unjustly, surely they only swallow fire into their bellies and soon they shall enter burning fire (10). COMMENTARY Now begins the legislation of inheritance laws, after paving the way for it.
These verses give a précis of the said laws in its basic form, to let the people know that nobody can be deprived of inheritance after the proof of his birth or relation, as they used to debar minor heirs and women. Further it warns them against depriving the orphans from inheritance, as it would result in swallowing by others heirs of the orphans' share unjustly, and Allah has very severely prohibited it.
The verses also recommend giving something from the estate to relatives, orphans and poor who, although not included among the heirs, might be present at the time of dividing the property. QUR'AN: Men shall have a share. . . a decreed share: "an-Nasib" (share, portion) is derived from an-nasb (to make something stand, to lift up, to raise); this name points to the fact that at the time of division, every share is put separately to prevent its mixing with the others'.
at-Tarikah (the heritage, the property left by the deceased); it is as though he goes away leaving it; thus initially it was an allegorical usage, then became common.
al-Aqrabun (the nearer ones) refers to nearer relatives; choice of this word (of comparative degree) in preference to al-aqriba (the near ones) and ulu 'l-qurba (relatives), etc., gives an indication that it is the essential pre-requisite of inheritance that the deceased should be nearer to the heir, as will be explained under the verse, your parents and your children, you know not which of them is nearer to you in usefulness (4:11).