يُوصِى بِهَآ
Appears 1 times in Quran
Occurrences in Quran
Found 1 verses containing "يُوصِى بِهَآ".
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا
4:177.
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
4:177.
Father and mother both (Lane).
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be
4:177.
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
314
这节经文规定一个死者的近亲不论男女或出生的先后应得他遗产的份额。儿女、双亲、丈夫与妻子是主要继承人, 如果他们活着, 不论在什么情况下应得自己的一份, 其他有名份的亲戚只能在特殊情况下得到他们的一份。男的比女的应得的份额要多一倍, 因为他们负责维持家计 (مَعَانِی, Ma‘ani, ii.P.32)。这节经文开始时制定关于子女所得份额的比例的一般法则。一个儿子应得等于两个女儿的份额。因此, 凡是儿子和女儿都有的情况下, 就按这一法则办事。如果只有女儿而没有儿子, 经文规定把遗产的三分之二分给两个以上的女儿; 把二分之一给独生女。如果是两个女儿那应该分得多少, 经文没明确说明。但此句中用一个连接词 ف (fa, 但是), “但是如果有两个以上的女儿”, 这清楚地指出两个女儿已包括在前面 “两个女儿” 这几个字中。而且两个女人应得的份数可以在这节经文开始时所说的男女应得份数的比例中推想出来。按照那个比例, 一个儿子可得两个女儿的份数。因此, 如果有一个儿子和一个女儿, 那个儿子可得三分之二的遗产。可是, 由于一个儿子可得等于 “两个女儿” 的份额, 因此没有儿子而有两个女儿的情况下可得三分之二, 即等于经文明确说明给三个女儿相同的份额。因此, 这节经文的结构表明, 如果死者有两个女儿而没有儿子, 她们像有三个女儿的情况那样也可得三分之二的遗产。假如 «古兰经» 的这一句并不指两个女儿应得的份额, 那么, 这句用字就应该像这样, “一个男人应得一个女人两倍的份额”, 而不是像现在那样的句子。关于双亲的份额经文中谈了三种情况: (1) 如果一个人死了留下一个或几个儿女, 那么, 父母亲中每个人应得六分之一。(2) 如果一个人死后无儿女, 他的父母是惟一继承人 (死者没有妻子或丈夫), 那么, 母亲应得三分之一的财产, 其馀的三分之二归父亲所有。(3) 还有第三种情况, 实际上是第二种情况的例外。一个人死后无嗣, 他的父母亲是惟一的继承人, 但他有兄弟姐妹, 那么, 虽然他的兄弟姐妹不能继承他的财产, 但他们的存在会影响他父母亲的份额, 因为, 在这种情况下, 母亲将得六分之一 (不是像第二种情况那样得三份之一), 其余的六分之五归父亲所有。父亲在这种情况下被授予较大的份额的理由是, 父亲还要负担死者兄弟姐妹的生活。关于继承权的这一论题, 在随后的经文中继续谈下去。
b
4:177.
494
Important Words:
ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).
ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).
Commentary:
This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.
Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).
The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.
The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.
The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).
The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.
b
4:177.
573
Father and mother both (Lane).
574
Walad means, (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. The word is used both as singular and plural, feminine and masculine (Lane).
574A
The verse prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of his family (Ma‘ani, ii. p.32). The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So, wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two- thirds of the legacy to the daughters, if there are more than two of them; and one-half if there is only one. The share of daughters in case there are two is not expressly stated. But the use of the conjunction fa’ (but) in the clause, but if there be