Transliteration:( Wa likullin ja'alnaa ma waaliya mimmaa tarakal waalidaani wal aqraboon; wallazeena 'aqadat aimaanukum fa aatoohum naseebahum; innal laaha kaana 'alaa kulli shai'in Shaheedaa )
127. It should be remembered that parents mean your blood father and mother. Neither the step-parents nor the grandparents are included in it. Says Allah Almighty: "And mothers should suckle their children for complete two years" (S2:V233). Breastfeeding
of the baby is the taste of the blood mother, not the stepmother, nor the work of both grandmothers.
Says Allah Almighty: "Their mothers gave birth to them" (S58:V2). The grandparents are included in the relations, not the parents. Hence, if the son is alive, the grandson will not be entitled for a share. They are all included in the words "mother" and "father". Says Allah Almighty: "And his wives are their mothers" (S33:V6). It is further stated: "Forbidden for you are your mothers...." (S4:V23) Furthermore Allah Almighty says: "Of your fathers Ebrahim and Ismail" (S2:V133).
128.From this we learn that in the event of the near relations being alive, the distant ones will
be left out of the share. Thus, in the presence of the son the paternal and maternal grandchildren will be left out because "relatives" is a preferential plural.
129. This means if a person of unknown parentage says to anyone that you are my master, if you die before me I am your heir and if I die before you, you are my heir or an executor. A detailed discussion of this can be read in the book. "ILMUL MEERATH"
130. Therefore, fulfill your oaths with whom you had entered into legal agreements.
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The tafsir of Surah Nisa verse 33 by Ibn Kathir is unavailable here.
Please refer to Surah Nisa ayat 32 which provides the complete commentary from verse 32 through 33.
(4:33) And to everyone We have appointed rightful heirs to what the parents and near of kin might leave behind. As to those with whom you have made a solemn covenant, give them their share. Allah watches over all things.[55]
55. According to Arab customary law, those who concluded compacts of alliance and friendship also became mutual heirs. Likewise, an adopted son inherited from his foster-father. While abrogating this customary law, this verse reveals that inheritance goes to one’s kin according to the rules for the distribution of inheritance laid down by God Himself. However, if a man has made commitments to people, he has the right to give away to them whatever he wishes during his lifetime.
[181]- By bequest, as only those relatives mentioned in verses 11 and 12 inherit fixed shares.
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