His saying, Exalted is He: “And when relatives who do not inherit, orphans, and the needy are present at the division,” that is, the division of the inheritance, “give them something from it,” meaning: give them a modest portion of the estate before it is divided, “and speak to them kindly.”

The scholars differed over the ruling of this verse. Some said that it has been abrogated. Sa'id ibn al-Musayyib and al-Dahhak said: This was before the verse of inheritance. When the verse of inheritance was revealed, it assigned the inheritances to those entitled to them and abrogated this verse.

Others said that it remains in force. This was the view of Ibn Abbas, al-Sha'bi, al-Nakha'i, and al-Zuhri. Mujahid said: It is binding upon the heirs to the extent that they are willing to give. (1)

Al-Hasan said: They would give away the chest, utensils, worn clothing, household goods, and anything whose division would be embarrassing.

If some of the heirs are children, the scholars differed concerning this. Ibn Abbas, may Allah be pleased with him, and others said: If the heirs are adults, they should give them a modest portion; but if they are minors, they should excuse themselves to them. The guardian or executor should say: “I do not own this property; it belongs only to the minors. If I had any share of it, I would give you something. When they grow up, they will recognize your right.” This is what is meant by speaking kindly.

Some said: This is an obligatory right in the property of both minors and adults. If the heirs are adults, they themselves undertake to give it; and if they are minors, their guardian gives it. Muhammad ibn Sirin related that Ubaydah al-Salmani divided the property of orphans and ordered that a sheep be slaughtered. He then prepared food for those mentioned in this verse and said: “Were it not for this verse, this would have been at my own expense.”

Qatadah related from Yahya ibn Ya'mur: “There are three definitive Medinan verses which people have neglected: this verse; the verse concerning seeking permission: ‘O you who believe, let those whom your right hands possess ask your permission...’ (al-Nur 58), to the end of the verse; and His saying, Exalted is He: ‘O mankind, We have created you from a male and a female...’ (al-Hujurat 13), to the end of the verse.”

Some of them said—and this is the strongest of the views—that this is recommended and encouraged, not a strict obligation.

“Let those who would fear for helpless offspring they might leave behind be mindful of Allah and speak words of appropriate justice. (9)”

His saying, Exalted is He: “Let those who, if they left behind helpless offspring”—that is, young children—“would fear for them,”