Described in the fourth verse (75) is the injunction concerning different categories of Muhajirin (مُھَاجِرین ، emigrants). It says: Though, some of them are the very first among Muhajirin - those who migrated earlier than the Peace Treaty of Hudaibiyah. Then, there is a second category of Muhajirin - those who migrated after the Peace Treaty of Hudaibiyah and, because of this, there will be difference in the ranks they are to have in the Hereafter, but regarding injunctions of this mortal world, they too shall be covered by the injunction governing the first category of Muhajirin in that they are inheritors to each other. Therefore, addressing the first among the Muhajirin, it was said: فَأُولَـٰئِكَ مِنكُمْ (then, they are one of you - 75). It means that these Muhajirin of the second category are also a part of your group. Hence, under injunctions governing inheritance, they are governed by rules which apply to Muhajirin in general.
This is the very last verse of Surah Al-Anfal. Given at the end of it is a comprehensive regulation of the law of inheritance through which stood abrogated what was an interim injunction promulgated during the early period of Hijrah mentioned in the preceding verses about having the Muhajirin and Ansar become inheritors to each other through an arrangement of brotherhood between them. The words of the last verse which abrogated this temporary law of inheritance are: وَأُولُو الْأَرْحَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ فِي كِتَابِ اللَّـهِ (As for the womb-relatives, some of them are closer to some as in the Book of Allah -75). Let us study them in a greater detail.
In Arabic, the word: أُولُو (ulu) is used to carry the sense of being the possessor, owner, person or people of certain entitlement. In absence of an exact counterpart in English, it is usually translated as 'men of or 'people of ', as in: 'people of wisdom' for: اولو العقل (ulu ‘l-‘aql) and 'people of authority' for اولوالامر (ulu 'l-amr). Therefore, the word: اولوالارحام (ulu '1--arham) means the people of arham (wombs). Arham is the plural of rahim which is basically the name of the part of the body where the creative process of the human child takes place and since the bond of relationship is established via the association of rah’ m (رحم), therefore, اولوالارحام (ulu 'l-arham : translated literally as womb-relatives) is used in the sense of relatives.
The meaning of the verse is that, though a universal bond of brotherhood binds all Muslims to each other, because of which, if needed, helping and supporting each other becomes obligatory, and that they also inherit from each other. But, Muslims who are bound by mutual relationship have precedence over other Muslims. The phrase: فِی کِتَابِ اللہِ (fi Kitabillah: translated literally 'as in the Book of Allah - 75' ) at this place has been used in the sense of: فِی حُکمِ اللہِ (fi hukmi 'l-la.h) which means that Allah Ta` ala has made this law through His special command.
The rule of procedure given by this verse is that the distribution of inheritance should be on the criterion of relationship and the word: اولوالارحام (ulu 'l-arham) is applied to relatives in an absolute sense. Out of these, the shares of particular relatives have already been determined by the Holy Qur'an in Surah al-Nisa'. These are called Ashab al-Furud or Dhawi al-Furud in the terminology of the Law of Inheritance. Popularly referred to as "Qur'anic heirs," they mean those who are entitled to a statutory share in the inheritance of a deceased person. Any property which remains, after the determined shares have been given, should be distributed over other relatives as provided in this verse. Then, it is also evident that it is not possible for anyone to distribute any property over all relatives because some kind of a distant relationship definitely exists among human beings of the whole world - for all of them owe their fact of birth to but one father and mother, Sayyidna Adam and Sayyidah Hawwa (علیہا السلام) (Adam and Eve). Therefore, the only practical way of distributing inheritance over relatives can be that, by giving close relatives precedence over those distant, the benchmark of the near should be used to exclude the distant. A detailed description of this is present in the Ahadith of the Holy Prophet ﷺ which stipulate that, after having given the shares of Dhawi al-Furud (Qur'anic heirs), whatever remains should be given to the ‘Asbat (agnates or paternal relatives) of the deceased person, degree-wise, that is, by giving precedence to the near agnate (` asbah) over the distant one, the benchmark of the near should be used to exclude the distant.
And in case, there is no one alive from among the agnates ( ‘asbat), then, distribution has to be made over rest of the relatives.
In addition to ` asbat or agnates, there are a host of other relatives. It is for them that the word: ذَوِی الارحام Dhawi al-Arham has been particularized in the technical terminology of the science of inheritance and distribution. But, this terminology has found currency in a later period. In the Holy Qur'an, the word: اولوالارحام (ulu 'l-arham : womb-relatives), according to its lexical connotation, covers all relatives included wherein are Dhawi al-Furud ذَوِی فُرُوض (Qur'anic heirs), ` Asbat (agnates) and Dhawi al-Arham (womb-relatives) in a general sense.
Then, some details about the subject have been covered in Surah al-Nis-a' where Allah Ta` ala has Himself determined the shares of particular relatives and which are known as Dhawi al-Furud in the terminology of Inheritance. As for the rest, the Holy Prophet ﷺ has said:
الحقوا الفرایٔض باھلھا فما بقی فھولاولی رجل ذکر۔ (البخاری)
It means: After giving shares to those identified in the Qur'an, that which remains is to be given to males nearer to the deceased. (al-Bukhari)
They are known as Asbat (agnates) in the terminology of inheritance. If there be no one from among the ` asbat (agnates) of the deceased person, then, according to the saying of the Holy Prophet ﷺ ، other relatives get it. These relatives are technically known as Dhawi 'l-Arham (womb-relatives) such as, maternal uncle or maternal aunt and others.
The last sentence of this last verse of Surah Al-Anfal has abrogated the law of Islamic inheritance mentioned in verses earlier to this. According to that law, mutual inheritance used to be in force among the Muhajirin and Ansar, even though there be no lineal kinship between them. It was abrogated because it was an emergency-oriented injunction given during the initial period of Hijrah.
Surah Al-Anfal ends here. May Allah Ta` ala give us all the Taufiq (تَوفِیق)of understanding it and acting in accordance with it.
Praised is Allah with whose help “ Surah al-'Anfal” comes to its conclusion the night of Thursday, 22nd of Jumada II, Hijrah Year 1381. I seek from Allah Ta` ala His Taufiq and help in the Tafsir of Surah at-Taubah and for Allah is all praise from its beginning to its end --- Muhammad Shafi, may he be forgiven.
A review of it was completed on the day of Jumu'ah, 19th of Jumada I, Hijrah Year 1390 and praised be Allah for that.
