ٰInheritance: Rules and Regulations

[Mazhar]

2. Definition of inheritance; Arabic Root for semantic domain of inheritance and Roots that collocate

2.1. Inheritance is the practice of passing on the property, movable and immovable assets, debts and obligations upon the death of an individual. The concept of inheritance is embedded in Root: و ر ث. Ibn Faris [died 1005] stated:
(مقاييس اللغة)
الْوَاوُ وَالرَّاءُ وَالثَّاءُ: كَلِمَةٌ وَاحِدَةٌ، هِيَ الْوِرْثُ. وَالْمِيرَاثُ أَصْلُهُ الْوَاوُ. وَهُوَ أَنْ يَكُونَ الشَّيْءُ لِقَوْمٍ ثُمَّ يَصِيرَ إِلَى آخَرِينَ بِنَسَبٍ أَوْ سَبَبٍ
That it refers to the thing owned by persons which thereafter is turned towards later generation by lineage/kinship and/or for some other reason.

2.2. It thus denotes inheritance, transfer of sustenance to heirs called: ٱلْوَٟرِثُونَ they who inherit (money, property, heritage) as an heir at the death of previous holder. They can be only those who are for the deceased: مَوَٟلِـىَ plural noun (three or more) meaning kinsfolk, or beneficiaries for some other reason, like under patronage person (in common parlance adopted son). It stems from Root: و ل ى . According to Ibn Faris [died 1005] its primarily signification is:

مقاييس اللغة
الواو واللام والياء: أصلٌ صحيح يدلُّ على قرب. 
That it leads to the perception of nearness; adjacent.

2.3. The fact that only: مَوَٟلِـىَ will be legal or collateral/secondary heirs: ٱلْوَٟرِثُونَ of the deceased is explicitly prescribed:

وَلِـكُـلّٛ جَعَلْنَا مَوَٟلِـىَ مِمَّا تَرَكَ ٱلْوَٟلِدَانِ وَٱلۡأَقْرَبُونَۚ
وَٱلَّذِينَ عَقَدَتْ أَيْمَٟنُكُـمْ فَـٔ�َاتُوهُـمْ نَصِيبَـهُـم إِنَّ ٱللَّهَ كَانَ عَلَـىٰ كُلِّ شَـىْءٛ شَهِيدًا ٣٣ْۚ
Know the basic principle of inheritance: Our Majesty have declared kinsfolk, siblings and under-patronage persons; in order of relative nearness, as heirs for every deceased. They will share heritage which the Parents (Mother and Father) and the Nearer-Relatives have left behind.
And as for those whom your right hand had pledged responsibility, thereat, you people (who are leaving heritage) give them their fortune in the inheritance. It is a certain fact that Allah the Exalted is Ever Observer over everything and affairs. [4:33]

2.4. The first sentence is declarative, a promulgation. Allah the Exalted has made it public that: مَوَٟلِـىَ  plural: three or more are appointed as heirs for all the deceased parents and the Nearer relatives who will have share in the heritage.  

2.5. The focus word is Verbal sentence: جَعَلْنَا. It comprises of doubly transitive Verb: Perfect: First Person; Plural/Sovereign Singular; Masculine; [نَا] Suffixed Subject Personal pronoun, in nominative state; مصدر جَعْلٌ Verbal Noun.  It stems from Root: ج ع ل which signifies rendering an already existing thing to assign it a different characteristic or state; or inserting something into an object. The second object of the verb is elided as it is otherwise explicit from collocates and the topic of sentence. The: مَوَٟلِـىَ are declared as: ٱلْوَٟرِثِيـنَ the heirs.

2.6. Prepositional Phrase: لِـكُـلّٛ:  relates to the following Verb. It is always used in construct-possessive phrase. When used elliptically-extremely concise in writing, it always has the [تنوين التعويض] "nunation of compensation" as is the case here. The discourse and the sentence is about allocation of Inheritance, thereby, it manifests that [تنوين التعويض] "nunation of compensation" is for each one of the deceased. The object of verb: مَوَٟلِـىَ   suffices for indicating that it relates to all the deceased and includes the martyrs. كُـلّ: It means each, every denoting no exception. This promulgation in itself is Prohibitory that the inheritance be given wholly to two persons. The inheritors must be three or above.


2.7. Allah the Exalted has not neglected a single person who could suffer injustice, deliberately or inadvertently at the hands of dominants and has thereby given specific directions for them. People can overlook in their bequeath about the persons whom they had voluntarily adopted-taken as their responsibility. For such people a separate clause is inducted in the above promulgation to allocate for them their due share: وَٱلَّذِينَ عَقَدَتْ أَيْمَٟنُكُـمْ فَـٔ�َاتُوهُـمْ نَصِيبَـهُـم Take note: about those whom your right hand had pledged responsibility, therefore, you people grant them their fortune in the inheritance. [Refer above 4:33]

2.8. Who are they and weather they can be included in the: مَوَٟلِيكُـمْ not being in real terms kinsfolk-blood relations? The adopted sons are so declared by Allah the Exalted:
ٱدْعُوهُـمْ لِءَابَآئِـهِـمْ هُوَ أَقْسَطُ عِندَ ٱللَّهِۚ
You people are hereby directed to call them (adopted youngsters) by their respective Fathers. This is most appropriate and balanced conduct in the judgment of Allah the Exalted.
فَإِن لَّمْ تَعْلَمُوٓا۟ ءَابَآءَهُـمْ فَإِخوَٟنُكُـمْ فِـى ٱلدِّينِ وَمَوَٟلِيكُـمْۚ
However, if you knew not the Fathers of them, thereby, they are your brothers [not sons] in the Prescribed Code and Physical Procedure [Islam]; And they are your Beneficiaries.
وَلَيْسَ عَلَيْكُـمْ جُنَاحٚ فِيـمَآ أَخْطَأْتُـم بِهِۦ وَلَـٰكِن مَّا تَعَمَّدَتْ قُلُوبُكُـمْۚ
And [in view of this injunction which is to take effect prospectively] there is no cause of embarrassment and disconcert for you people regarding what you erred in the past in this matter; but that is blameworthy which your hearts purposely did.
وَكَانَ ٱللَّهُ غَفُورٙا رَّحِـيـمٙا٥
Know it; Allah the Exalted is repeatedly Overlooking-Forgiving, the Merciful. [33:05]

2.9. The: مَوَٟلِـىَ  kinsfolk are the: ٱلْوَٟرِثِيـنَ inheritors and a solitary son is included in them:
وَإِنِّـى خِفْتُ ٱلْمَوَٟلِـىَ مِن وَرَآءِى وَكَانَتِ ٱمْرَأَتِـى عَاقِرٙافَهَبْ لِـى مِن لَّدُنْكَ وَلِيّٙا ٥
يَرِثُنِى وَيَرِثُ مِنْ ءَالِ يَعْقُوبَۖ وَٱجْعَلْهُ رَبِّ رَضِيّٙا٦
And I have felt apprehensive of kinsfolk in situation after me —And [though] my wife has been infertile —Therefore, You do give me from Your grace an associate (son) — [19:05]
He will inherit me and he will inherit from the family of Ya'qoob [alahissalam] —And do render him; my Sustainer Lord, a pleasing personality." [19:06]

2.10. It is thus rendered abundantly explicit that only the: مَوَٟلِـىَ kinsfolk are the: ٱلْوَٟرِثِيـنَ legal inheritors. Whatever of economic value that passes on at the death of previous holder to the heirs is referred by: ٱلتُّـرَاثَ heritage, and by verbal noun: مِيـرَٟثُ heritage, escheat (ultimate proprietorship). The: مَوَٟلِـىَ  kinsfolk are the: ٱلْوَٟرِثِيـنَ inheritors and both are two-way relational words.

2.11. The heritage is described by sentence:  مِمَّا تَرَكَ ٱلْوَٟلِدَانِ وَٱلۡأَقْرَبُونَ out of that which the parents and the nearer-relatives have left. The object of verb is elided for succinctness and for being obviously understood: heritage. Related Root:  ت ر ك signifies giving up, desertion, and abandonment of a thing. An agent leaves behind estate which becomes another's property. The fortunes accruing to various members of the bereaved family could fluctuate depending upon the number of offspring and blood relatives existing at the time of death of a person leaving heritage.
لِّلـرِّجَالِ نَصيِبٚ مِّمَّا تَرَكَ ٱلْوَٟلِدَانِ وَٱلۡأَقْرَبُونَ
Subject to ground realities a share is the apportioned right for the Men out of the inheritance left by the Parents (Mother and Father) and the relatively Nearer Relatives.
وَلِلنِّسَآءِ نَصِيبٚ مِّمَّا تَرَكَ ٱلْوَٟلِدَانِ وَٱلۡأَقْرَبُونَ
And likewise subject to ground realities a share is the apportioned right for the Women out of the inheritance left by the Parents (Mother and Father) and the relatively Nearer Relatives.
مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَۚ نَصِيبٙا مَّفْرُوضٙا ٧
This share is out of that which has either become diminutive from that-inheritance or has become greater fortune, it is determined fortune by occasion. [4:07]

2.12. The Verbal Sentence: قَلَّ is the Relative Clause for the preceding Relative Pronoun. The Verb is Perfect; Third person; Singular; Masculine; Intransitive; and Subject pronoun is hidden linking back to the Relative Pronoun. It is derived from مصدر-قِلَّة Verbal noun. It signifies that its Subject has become in diminutive proportion. After Appositive-coordinating conjunction for alternative option is the Verb: كَثُرَ denoting something having become in abundance or large proportion.

2.13. The wealth: moveable and immovable assets have become fascinatingly attractive for sensual excitements and gratifications for the majority of people:
زُيِّنَ لِلنَّاسِ حُبُّ ٱلشَّهَوَٟتِ مِنَ ٱلنِّسَآءِ
Know it; the love of erotic predilections - stimulators has become alluring for the people (Men), fetish from the women —
وَٱلْبَنِيـنَ وَٱلْقَنَٟطِيـرِ ٱلْمُقَنطَرَةِ مِنَ ٱلذَّهَبِ وَٱلْفِضَّةِ
And liking for having sons has become a longing for people —So has become the desire to have a state of hoarded abundance of Gold and Silver —
وَٱلْخَيْلِ ٱلْمُسَوَّمَةِ وَٱلۡأَنْعَٟمِ وَٱلْحَرْث ذَٟلِكَ مَتَٟعُ ٱلْحَـيَوٰةِ ٱلدُّنْيَاِۖۗ
And the marked-pedigree horses [top of the line products], and abundance of herbivore-mammals/livestock, and for plenty of harvesting lands. (But know in Allah's perspective) This is the wealth-sustenance-provision of the transitory worldly life.
وَٱللَّهُ عِندَهُۥ حُسْنُ ٱلْمَـٔ�َابِ ١٤
Mind it that Allah the Exalted grants the most appropriate return and abode by His Grace. [3:14]

2.14. This being the ground reality, mere laws and regulations to implement justice in all respects in the case of inheritance and other economic problems is quite a difficult proposition for majority of human beings. Therefore, Allah the Exalted encourages creating a situation wherein justice can be established in such matters by heightening the moral consciousness of man and showing of mercy and kindness to those undergoing tribulations.

[Mazhar]

3. Testate succession

3.1. The rules and guidelines given for sharing the inheritance are aimed at avoiding heartburning, bickering and ill feelings amongst the members of bereaved family. The first decree is:

كُتِبَ عَلَيْكُـمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ إِن تَرَكَ خَيْـرٙا ٱلْوَصِيَّةُ  لِلْوَٟلِدَيْنِ وَٱلۡأ ََقْرَبِيـنَ بِٱلْمَعْـرُوفِۖ
حَقّٙا عَلَـى ٱلْمُتَّقِيـنَ ١٨٠

The Oral Bequest in favour of the Mother and Father and the relatively Near-Relatives in accordance with the prevalent well known norms has been prescribed-decreed upon you people. This Oral Bequest is to be bequeathed at the point in time when natural death has approached someone of you if he is leaving behind worldly wealth —The Oral Bequest is mandatory-incumbent upon those who sincerely endeavour to attain salvation. [2:180]

3.2. The definite verbal noun: ٱلْوَصِيَّةُ is the proxy subject of Passive perfect verb: كُتِبَ meaning something ordained, decreed. This noun stems from Root: و ص ى. It leads to the perception of connecting, joining a thing with another; and commanding, enjoining. It denotes bequeath.

3.3. The striking point to observe is that: ٱلْوَصِيَّةُ" The Bequest" is prescribed in relation to point in time. Its time is when a person expects that the death is close by. The time of announcing a Will is not when one is hale and hearty. It should be noted that:  ٱلْوَصِيَّةُ "The Bequest" by the testator is NOT for the offspring and spouse but is to be bequeathed only for the Parents and the near-relatives. The object of Preposition in the phrase: لِلْوَٟلِدَيْنِ is restrictive,  denoting only biological father and mother. It does not include honorific fathers like grand father, uncle.

3.4. Since the bequeath is the integral part of the law of inheritance it is emphasized: حَقّٙا عَلَـى ٱلْمُتَّقِيـنَ where: حَقّٙا is cognate adverb (مفعول مطلق)) meaning that it is prescribed as an obligation, mandatory, incumbent upon those who sincerely endeavour to attain salvation by remaining within the bounds prescribed.

3.5. The bequest (ٱلْوَصِيَّةُ) can be modified only in case of patent/evident injustice by a testator:

 

فَمَنۢ بَدَّلَهُۥ بَعْدَ مَا سَـمِعَهُۥ فَإِنَّمَا إِثْمُهُۥ عَلَـى ٱلَّذِينَ يُبَدِّلُونَهُۥٓۚ إِنَّ ٱللَّهَ سَـمِيعٌ عَلِيـمٚ ١٨١

Thereat, if someone changed the bequest after having listened it then the guilt of it shall only be upon those who change-substitute the bequeath.
It is a fact that Allah the Exalted is eternally the Listener, the All-Knowledgeable. [2:181]
فَمَنْ خَافَ مِن مُّوصٛ جَنَفٙا أَوْ إِثْمٙا فَأَصْلَحَ بَيْـنَـهُـمْ فَلَآ إِثْـمَ عَلَيْهِۚ إِنَّ ٱللَّهَ غَفُورٚ رَّحِـيـمٚ ١٨٢

However, if he who apprehended partiality or evident injustice by a testator and thereby struck a correction amongst them (the beneficiaries) and affected party, not at all a blame is upon him [since it is not substitution of the Will]. Indeed Allah the Exalted is repeatedly Forgiving-Overlooking; the fountain of Mercy. [2:182]

3.6. The Bequest (ٱلْوَصِيَّةُ) by the Near dying Person leaving behind worldly wealth is the original and integral part of distribution of Inheritance. Therefore, detailed procedure is laid down for it and its verification:

يَٟٓأَيُّـهَا ٱلَّذِينَ ءَامَنُوا۟

O those people who have proclaimed to have believed in the Messenger and Qur'ān, listen;

شَهَٟدَةُ بَيْنِكُـمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ حِيـنَ ٱلْوَصِيَّةِ ٱثْنَانِ ذَوَا عَدْلٛ مِّنكُـمْ

Witnessing between you by two men of your family-tribe who enjoy just repute is prescribed while making the Bequest [in compliance of injunction 2:180] at the time the natural death has approached someone of you people.

أَوْ ءَاخَرَانِ مِنْ غَيْـرِكُمْ إِنْ أَنتُـمْ ضَرَبْتُـمْ فِـى ٱلۡأَرْضِ فَأَصَٟبَتْكُـم مُّصِيبَةُ ٱلْمَوْتِۚ

Or witness two strangers-alien men who are other than of your people-tribe if you were journeying in land whereat the trouble of natural death has reached you.

تَحْبِسُونَـهُمَا مِنۢ بَعْدِ ٱلصَّلَوٰةِ فَيُقْسِمَانِ بِٱللَّهِ إِنِ ٱرْتَبْتُـمْ

If you people, having felt irritating suspicion about communication of oral bequest, are holding them (two aliens), thereby they both swear by Allah the Exalted, after As-Sa'laat. to the effect:

لَا نَشْتَـرِى بِهِۦ ثَمَنٙا وَلَوْ كَانَ ذَا قُرْبَـىٰۙ وَلَا نَكْتُـمُ شَهَٟدَةَ ٱللَّهِ إِنَّــآ إِذَٙا لَّمِنَ ٱلْءَاثِمِيـنَ ١٠٦

"We wish not any worldly gain in disclosing the bequest of the deceased even if the beneficiary be our near one; And nor we are withholding-concealing the testimony made in the name of Allah the Exalted. If we did that, truly we would instantly be among the Sinners." [5:106]

فَإِنْ عُثِرَ عَلَـىٰٓ أَنَّـهُمَا ٱسْتَحَقَّآ إِثْـمٙا

Thereat, if it became evident that they two had sinfully sought assigning shares —

فَـٔ�َاخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ ٱلَّذِينَ ٱسْتَحَقَّ عَلَيْـهِـمُ ٱلۡأ�َوْلَيَٟنِ

Thereby, let the other two men stand; at the place of those two, who are the near-kin having claimed a more lawful right against them (the beneficiaries) suggested by the earlier two.

فَيُقْسِمَانِ بِٱللَّهِ لَشَهَٟدَتُنَآ أَحَقُّ مِن شَهَٟدَتِـهِمَا وَمَا ٱعْتَدَيْنَآ إِنَّـآ إِذٙا لَّمِنَ ٱلظَّـٟلِمِيـنَ١٠٧

Thereat, they two swear by Allah the Exalted to the effect: "Indeed our testimony is stronger fact-truth  than the testimony of both two of them— And we both have not transgressed beyond truth. If we would have done that, truly we would be amongst the transgressors-distorters of fact." [5:107]

ذَٟلِكَ أَدْنَـىٰٓ أَن يَأْتُوا۟ بِٱلشَّهَٟدَةِ عَلَـىٰ وَجْهِهَآ أَوْ يَخَافُوٓا۟ أَن تُرَدَّ أَيْمَٟنُۢ  بَعْدَ أَيْمَٟنِـهِـمْۗ

This mode of verification is better suited which will prompt the people to give the testimony exactly on its face-as was bequeathed by the deceased testator — Or else they might apprehend that it might be rejected by other oaths taken after their attestation.

وَٱتَّقُوا ٱللَّهَ وَٱسْـمَعُوا۟ۗوَٱللَّهُ لَا يَـهْدِى ٱلْقَوْمَ ٱلْفَٟسِقِيـنَ ١٠٨

And you people sincerely endeavour to attain the protection from Allah the Exalted —Moreover, you are directed to attentively listen [injunctions in the Qur'ān]. Mind it; Allah the Exalted does not guide those people who are aberrant-the promise breakers and transgressors of the prescribed bounds. [5:108]

3.7. The Bequest (ٱلْوَصِيَّةُ) by the death expecting Person; leaving behind worldly wealth, subsequent to his death, is partially modified and superseded by Allah the Exalted by apportioning certain part of his wealth; inalienably assigning it to certain Survivors. As for the remaining part of wealth, the Will can also be modified to make corrections for visible tilt and injustice by the Testator. In case he died a sudden death without leaving the Will, it is for surviving kin of just repute to administer justice regarding the part of wealth other than inalienably apportioned by Allah the Exalted:

فَرِيضَةٙ مِّنَ ٱللَّهِۗ

This Ordinance regards permanently determined apportionment of inheritance is a time bound obligation imposed by Allah the Exalted. [Ref 4:11]

وَصِيَّةٙ مِّنَ ٱللَّهِۗ

This Binding Ordinance of Apportionment of Inheritance is promulgated by Allah the Exalted for adhering it-ever sticking to it. [Ref 4:12]

3.8. The bereaved offspring will become the Father-Orphans who might be youngsters at the time of death of their Father, whereby, their inheritance will be looked after their guardian and transferred on gaining strengthen maturity:

وَ ءَاتُوا۟ ٱلْيَتَٟمَىٰٓ أَمْوَٟلَـهُـمْۖ وَلَا تَتَبَدَّلُوا۟ ٱلْخَبِيثَ بِٱلطَّيِّبِۖ

And you are directed to give the bereaved children of fathers—father-orphans their inherited property and wealth [on reaching age of marriage-4:06 which is full maturity-6:152;17:34 and in presence of witnesses-4:06] Be mindful; you should not replace their valuable property-wealth with invaluable-junks.

وَلَا تَأْكُلُوٓا۟ أَمْوَٟلَـهُـمْ إِلَـىٰٓ أَمْوَٟلِـكُـمْۚ إِنَّهُۥ كَانَ حُوبٙا كَبِيـرٙا ٢

Moreover, you should not devour-consume-absorb their wealth in your personal belongings. Indeed this is a great crime-major sin; self destruction [since it is like eating hell fire 4:10]. [4:02]

وَٱبْتَلُوا۟ ٱلْيَتَـٟمَىٰ حَتَّـىٰٓ إِذَا بَلَغُوا۟ النِّكَاحَ

And you (the guardians) keep testing-educating-evaluating the father-Orphans until the point in time they have crossed over to the Age of Nikah: Marriage-Matrimonial Bond —

فَإِنْ ءَانَسْتُـم مِّنْـهُـمْ رُشْدٙا فَٱدْفَعُوٓا۟ إِلَيْـهِـمْ أَمْوَٟلَـهُـمْۖ

Thereat, subject to having observed intellect, sound judgment, rectitude of action and good management of affairs in them, you thereby release their inherited property-wealth to them.

وَلَا تَأْكُلُوهَآ إِسْرَافٙا وَبِدَارًا أَن يَكْـبَـرُوا۟ۚ

And during this period you should not consume it (inheritance) wastefully and hastily fearing that they (father-Orphans) might grow mature.

وَمَن كَانَ غَنِيّٙا فَلْيَسْتَعْفِفْۖ وَمَن كَانَ فَقِيـرٙا فَلْيَأْكُلْ بِٱلْمَعْـرُوفِۚ

And should someone (guardian) be affluently self sufficient, thereby, he should remain abstinent from orphan's wealth — But if he who is a poor guardian, he should consume for himself what is just and reasonable in accordance with known norms of society.

فَإِذَا دَفَعْتُـمْ إِلَيْـهِـمْ أَمْوَٟلَـهُـمْ فَأَشْهِدُوا۟ عَلَيْـهِـمْۚ وَكَفَىٰ بِٱللَّهِ حَسِيبٙا ٦

Then when you release their inherited property to them (father-orphans), make it a witnessed occasion upon them. Be mindful; Allah the Exalted is All-Sufficient for reckoning. [4:06]

وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيـمِ إِلَّا بِٱلَّتِـى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ أَشُدَّهُۥۚ

Further, you should not approach the inherited property of certain father-orphan; except handling it in the best manner, until he might attain the age of his full strength: age of marriage/Nikah.

وَأَوْفُوا۟ بِالْعَهْدِۖ إِنَّ ٱلْعَهْدَ كَانَ مَسْـُٔولٙا ٣٤

And you people are directed to fulfill your commitment - contractual obligation. Indeed the contract - solemn pledge has always been subject to be questioned. [17:34]

3.9. These instructions regarding foul play with the inherited property of others are with verbs in Jussive Mood by Prohibitive Particle. There are people who usurp the inheritance share of others:

وَتَأْكُلُونَ ٱلتُّـرَاثَ أَكْلٙا لَّمّٙا ١٩

And you people usurp the inheritance, by combining it with personal resources. [89:19 read with 4:2]

وَتُحِبُّونَ ٱلْمَالَ حُبّٙا جَـمّٙا٢٠

And you people love to accumulate wealth, intensive love. [89:20]

3.10. People are warned and asked to remember a possibility:

وَلْيَخْشَ ٱلَّذِينَ لَوْ تَرَكُوا۟ مِنْ خَلْفِهِـمْ ذُرِّيَّةٙ ضِعَٟفًا خَافُوا۟ عَلَيْـهِـمْ

And the guardians-people should squeeze humbly that had it were they leaving behind the assets with weak children, how fearful for them they would have been!

فَلْيَتَّقُوا۟ ٱللَّهَ وَلْيَقُولُوا۟ قَوْلٙا سَدِيدًا٩

Therefore, they should sincerely endeavour for the protection of Allah the Exalted — And they should speak in a straight forward manner with words of unambiguous import stating distinctly—like a wall which segregates and makes distinct two areas. [4:09]

إِنَّ ٱلَّذِينَ يَأْكُلُونَ أَمْوَٟلَ ٱلْيَتَٟمَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِـى بُطُونِـهِـمْ نَارٙاۖ

Know the certain fact and eventuality about those who consume the property of father-orphans unjustly —They in the final analysis only ingest fire in their bellies —

وَسَيَصْلَوْنَ سَعِيـرٙا ١٠

And soon will they warm scorching temperature of Hell-Prison. [4:10]

3.11. The manners for showing open heartedness to non-stake holders at the time of division of inheritance are also prescribed:

وَإِذَا حَضَرَ ٱلْقِسْمَةَ أُو۟لُوا۟ ٱلْقُـرْبَـىٰ وَٱلْيَتَـٟمَىٰ وَٱلْمَسَٟكِيـنُ فَٱرْزُقُوهُـم مِّنْهُ

Take note: in case the near relatives-non stakeholders; and the father-orphans; and the destitute have also come at the time of the division of inheritance; thereat you feed them-give something out of divisible wealth to them.

وَقُولُوا۟ لَـهُـمْ قَوْلٙا مَّعْـرُوفٙا ٨

Moreover, speak to them a statement with kind and polite words of known import-true significance. [4:08]

3.12. Before we proceed to find the allocation of shares out of the wealth determined and inalienably apportioned by Allah the exalted, superseding the Bequest of the deceased made in favour of parents and near relatives, we might capture what is advised here-before in different Ayahs:

a) The Offspring of the deceased could be grown up women and men, or be children called father-Orphans. The grown up will get the share straight away while the share of young children will be kept apportioned for delivery on strengthen maturity.

b) The inherited wealth should not be the focus of attention, rather the appeasement of all relatives and other visitors should be the primary consideration. They need to be fed with pleasantries and respectfully dealt with.

c) Depending upon the offspring, parents and blood relatives surviving at the time of death of a person leaving assets, the fortunes for some may diminish, or might enhance in another situation.

d) Allah the Exalted made it incumbent upon the death expecting wealthy person to orally narrate the Bequest to two men of good repute in favour of Father and Mother, and the Near Relatives that includes orphaned grand-offspring and adopted, under-patronage persons. This Bequest does not confer any right upon the bequeathed wealth so long the Person is living. He might have wrongly judged about his death. After his death, the Bequest is superseded by Allah the Exalted to the extent of shares apportioned and inalienably assigned by Him the Exalted in favour of certain Relatives as we will read hereafter. As for the remaining part of wealth, the Bequest can also be modified by the kin of repute to make corrections for visible tilt and injustice by the Testator.