beyond this point they disagree. Some of them maintain that the purport, in the verse, of "a covenant" made by the "right hands" is the pledge of brotherhood and similar pacts, which, before Islam, entitled the persons concerned to inherit from each other. Islam confirmed this practice until the revelation of the inheritance verse, which states, "And those who are akin are nearer to one another in the ordinance of God" (Q. ٨:٧٥). Accordingly, [some maintain], the verse under discussion is abrogated [by this latter verse].٩٠
Another group is of the opinion that "a covenant" made by the "right hands" refers specifically to the pact of security (jarfra).٩١ Hence, if we follow the opinion of the majority of the Sunni scholars, according to whom inheritance is not established on the basis of the pact of security, then the verse becomes abrogated by the inheritance verse.٩٢ But if we follow the opinion of AbU I:Ianifa and his associates, who establish the right to inherit on the basis of this pact, then the verse is precise and unabrogated.
This latter group has argued that the inheritance verse does not deny inheritance
to those who are not near of kin, but only gives preference to those who are. Hence, there is no contradiction between the two verses, and the inheritance verse [there‌ fore cannot] be the abrogator of this verse.٩٣
The fact is that the purport of the verse is exactly what is conveyed by its apparent
sense-namely, that inheritance is admissible through a mutual contract or agreement. Nevertheless, abrogation of the verse is not established. To elaborate, the context of the passage makes it necessary that the na$fb (due share) mentioned in it is the inher‌ itance. To explain the termna$fb as "aid,"or as some other such notion, is to go against the apparent sense of the verse, which is so clear as to be almost explicit.
Moreover, the enumeration of the three categories [parents, near of kin, and those
who are contractually related to the deceased] in the verse does not mean they are partners or equals in the same category. To be sure, a son inherits his parents, and none of the relatives among the near of kin of the deceased inherit with him [as long as the son is present]. That which actually emerges from the verse is only that the heirs are the ones who belong to these three categories. As for the order of their in‌ heritance and the precedence of one category over the other, nothing can be deduced from this verse. Rather, they have been deduced from other evidence in the Quran and from the sunna.
From what has been mentioned here thus far, the verse briefly mentions all the categories of heirs: Hence, children inherit from what has been left by the parents; the relatives among the near of kin inherit from each other; and the one who has an agreement with the deceased inherits with the rest, either in partnership or in order of precedence [in accordance with the terms of the agreement].
To elaborate, inheritance through other than kinship must be established through a proper contract and a commitment on the part of the person agreeing to it through an oath or his power. Such an agreement could result from marriage, in which case both spouses inherit from each other on the strength of the marriage contract that has come into effect between them. At other times, it could result from a contract of alle‌ giance and dependency and is known as "allegiance and loyalty to the leadership." There is no disagreement that this kind of inheritance became an established right of the Messenger of God. Numerous traditions reported by Sunnis relate that he said, "I am the heir of those who have no heirs.٩٤