"And if you fear that you will not deal fairly by the orphans, marry of the women, who seem good to you, two or three or four; and if you fear that you cannot do justice (to so many) then one (only) or that your right hands possess. Thus it is more likely that you will not do injustice."    4:3 [An-Nissa].

 
Trouble-makers with little power of understanding who haven't followed this Verse, have misinterpreted it claiming that for "fair treatment Muslims are allowed to marry up to four orphans which would make fair treatment more difficult."   Well, that's exactly what the Noble Quran is stating that if you cannot treat more than one wife fairly, then you must have only one wife.  Before that, in the same Verse, The Almighty says that if someone is inclined to unjust treatment towards orphans (taking advantage of their helpless situation), then such men must not marry orphans at all.  Instead they should marry free believing women who seem suitable to them and who aren't orphans, up to a maximum of four.  But again, if they feel they will not be able to handle it right by providing fair treatment to all four wives, then they should have only one wife. 

This Verse refers to a practice prevalent in the days of Ignorance.  The male guardians of  orphan girls would often marry them for their beauty or wealth with the intention of controlling their lives as orphans had no one to defend their cause and thus this practice often resulted in mistreatment of female orphans. 

Secondly, in pre-Islamic days men could marry unlimited number of women, as many as they wished and regardless of their financial status.  Verse 4:3 also limits the maximum number of wives to four, only IF the husband can deal fairly with four.  This includes not only personal feelings but also equitable dealing concerning finances.

Big welcome br. TS.   If I find any other views or thoughts on this Verse, I too will post them here.


Sister Ruhi .. very valid points.

Shukran immensely for the quick response Sister Heba and all the additional input and opinions, Sisters Zeynab and Ruhi.   The read is uncomplicated and informative.   I'll show it to my folks.   You sound right Sister Heba.   If I get any more feedback from other sources, I'll put it up too, InshAllah.   

Salams folks.  So nice to read all this. 

Furthermore, if the elderly lady wants to give to her niece who's a daughter of one of her brothers, a larger chunk, in that case she's not giving away her assets to an outsider.  She giving it into the same family, to the daughter instead of the father, and any gain acquired by children is a gain for parents too.  Her parents can now spend more of their savings on themselves as their daughter already got quite a bit from her aunt.  The daughter would also be in a better position to help her parents financially, if they ever needed any money.  So it's within the same family, right?   And after all, it's the niece who cared while the others didn't.  Divine Justice is much too perfect.  It can never overlook such issues.

   

By all means feel free to email me dear sis.  You've stated it very humbly and rationally.  As Allah says in the Glorious Quran, "And the bounty of thy Lord can never be walled up."    I perfectly understand what you meant sister.  Sometimes one's siblings can be insensitive, callous and utterly inconsiderate.  They are quick to want their share of lollipops but they are doused in self-centrism, totally focused on themselves while dumping all family responsibilities including caring for elderly parents on a single helpless sibling.   I'm aware, these things happen all the time in today's world.  And then someone else might come by - e.g. a niece or a nephew or an aunt or an uncle - who may care for us a lot more.  And then it hurts to give them as much (or less) than the callous siblings who did nothing.  But Allah is NOT unaware of the selfishness of such siblings.  He wants us to fulfill our earthly duties as persons who are just and ethical.  The selfish ones may get what they didn't work for in this world, but Allah won't let them get off scott free in the next world.    Read the following Verses from Surah Al-Isra which explain it all.  Just so lovely! 

"Whoso desires that (life) which hastens away, We hasten for him therein what We will for whom We please. And afterward We have appointed for him hell; he will endure the heat thereof, condemned, rejected.   But whoever desires the Hereafter and exerts the effort due to it while he is a believer - it is those whose effort is ever appreciated (by Allah).   Each do We supply, both these and those, from the bounty of your Rab.   And the bounty of your Rab can never be walled up."  (17:18-20)  Al-Isra.

Walaikum Salaam dear brother and sister.  Sis Heba, your computation sounds valid to me.  Very neatly projected.  Alhumdulilah.  I'm also going through a similar predicament on deciding my will, in that, I need to do some similar mathematical computations.  If you don't mind, I'll get in touch with you on email with the figures. 

Having a will ready at all times is really important as we never know when His call may come suddenly.  Those folks who have all loving members within their family are so lucky.  With modern materialism and all its competitiveness and covetousness, we often end up with brothers and sisters who don't care ... neither for Allah Almighty nor for us ... but Allah Almighty is so Merciful.  He never wants to leave anyone hurt so He has commanded that everyone must get a share.  I wonder if it even occurs to those folks to thank Allah for His bountiful decision of fixing a legal share for them who didn't fulfill their responsibilities towards their loved ones.  And of course Allah is fully aware of their missteps.  But he wants us to give even to the wrong doers a share so that we don't spoil our book of record by indulging in similar acts of negligence and injustice as they did towards us. 

Walaikum As-salam brother TS.   Well, generally yes, the standard will as determined by Allah Almighty is meant to be calculated - according to the figures given by Him - after deductions of bequests and payments of debts.  However, this particular case as you stated, is a bit out of the ordinary.  The elderly lady evidently wants her niece to be the prime inheritor.  The lady's brothers are apparently being given a sixth each of the asset because it's a Quranic injunction.

So, in my opinion, it can be approached in two ways. 

First, let her decide on the amount of bequest to her niece plus as you said, she already decided 5,000 to charity.  While making the bequest to her niece plus the 5,000 to charity, she would need to calculate so that at least one-sixth x 2 is left to be given to the brothers.   So, one-sixth of 100,000 would be 16,666 for each brother, that is, 33,333 for both.  So the total bequest must not exceed 66,667.  With 5,000 given to charity, the bequest for the niece would be approximately 61,667.   Right?

OR, alternatively, calculate one-sixth x 2 of 100,000 before bequest.  It would be 33,333.   Remaining would be 66,667.  It comes to the same.

This is how I figure it out.  Try to get a few other opinions too, in case there's some calculation oversight on my part.   Allah forgive.

 

 

As-Salam Alaykum Sisters.  Need your feedback.

It's about an old friend of my mom.  She's a single old lady, never married, who recently suffered a heart attack and she's finally making a will.  She wants it in accordance with the Quran and has sought our help for information. We're trying to give her the most accurate guidelines we can from the Quranic perspective.

Her total assets approximately $100,000.  This elderly lady has no parents and of course no children, just 2 brothers (as far as I know, they're married).  She isn't at all close to her brothers as they never cared for her.  She's quite out of touch with them.  She has an adult niece (daughter of one of the brothers), the only member of her surviving family who cares for her aunt very much and keeps in touch regularly.  And this niece is also financially not too well off compared to her father and uncle (the old lady's brothers) who are doing much better.  The elderly lady is very fond of the niece and wants to give the major portion of the inheritance to her.  Additionally she wants to give a bequest of $5,000 to charity.  She has no debts, Alhumdulilah. 

Can any of you find a suitable solution on inheritance from the Quran so the lady can make her last will accordingly?    My dad pointed out the last portion of Verse 4:12, quote:

"And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah , and Allah is Knowing and Forbearing. "   4.12  (Sahih International translation).

Hence in this case her two brothers are to get one-sixth each of her asset, right?   Is this to be calculated after deducting her bequest to her niece and the charity?  That is, does it mean one-third from what's left after bequest?