The Holy Quran with Five Volume Commentary (Vol 2) — Page 182
CH. 4 AN-NISA' PT. 4 أَوْكَثُرَ نَصِيبًا مَّفْرُوْضًا little or much- -a determined share. 490 وَإِذَا حَضَرَ الْقِسْمَةَ أُولُوا الْقُرْبى And when other relations and. 9 وَالْيَتَى وَالْمَسْكِينُ فَارْزُقُوهُمْ مِّنْهُ وَقُوْلُوْا لَهُمْ قَوْلًا مَّعْرُوفًا orphans and the poor are present at the division of heritage, give them something therefrom and speak to them words of kindness. 491 and most effective preventive against sin and iniquity. One should fear not only the punishment of God, but also losing His love and mercy. 490. Commentary: This verse, without giving the details, forms the basis of the Islamic law of inheritance. Detailed rules are given in the succeeding verses. The verse lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property. 491. Commentary: The Surah began by enjoining men and women to treat one another with kindness. Next, it exhorted believers to take care of orphans, for these matters have an important bearing upon social order. The present verse treats of yet another social subject of importance. By the words, relations and orphans and the poor, are here meant those distant relatives, and those orphans and poor persons who, being not among the testator's lawful heirs, are not entitled to receive any part of his property as of right. The verse, 622 though not giving a legal right of inheritance to them, exhorts all true Muslims, while making a will about the division of their property, to set apart a portion of it for orphans and the poor and such distant relatives as are entitled to no legal share. A testator, however, can leave by will not more than one-third of his property to other than his lawful heirs (Bukhārī ch. on Waṣāya). According to Ibn 'Abbas, Ibn Muṣayyib, Ibn Sa'īd and Abū Ja‘far, the time referred to in the verse is when a person is about to make his will regarding the division of his property (Muḥīt). If nothing can be spared out of the property for this class of people, the testator should at least state in the will that they should be treated with kindness and he himself should also say kind words to them. The injunction laid down in the verse does not concern orphans particularly, but forms a part of the law of inheritance in general. As death leaves behind orphans, therefore, injunctions pertaining to orphans have been coupled with those pertaining to the disposal of a deceased person's property.