Bequest
is prescribed for you when death approaches one of you, if he leaves
behind wealth, for parents and near relatives, according to usage, a duty
(incumbent) upon those who guard (against evil) (180).
Whoever then alters it after he has heard it, the sin of it then is only
upon those who alter it; surely Allah is Hearing, Knowing (181). But he
who fears. an inclination (to a wrong course) or an act of
disobedience on the part of the testator, and effects an agreement
between the parties, there is no blame on him. Surely Allah is Forgiving,
Merciful (182).
COMMENTARY
QUR’AN:
Bequest is prescribed for you when death approaches one of you, if he leaves behind wealth:
The
language is that of an obligatory rule, because al‑kitabah (= to
write; translated here as "prescribed") is used in the Qur’an always for
definitely obligatory laws. It is further strengthened by the word “a
duty” coming at the end of the verse, because duty too is used, like
writing and prescription, for compulsory orders. But the word "a duty" is
qualified by "upon those who guard (against evil)"; this somewhat weakens
the sense of obligatoriness; it would have been more appropriate, in case
of obligatoriness, to say, 'a duty' upon the believers'. In any case, it
is said that the verse was later abrogated by the verse of inheritance. If
so, then it would only be its "obligatoriness" which was abrogated, not
its being liked, recommended. Perhaps, the phrase qualifying "a duty" was
used for this very purpose.
al‑Khayr
is wealth; it probably denotes considerable wealth,
not an insignificant amount. al‑Ma'ruf (= known; common usage of
good deed and favor).
QUR'AN: Whoever then
alters it after he has heard it, the sin of it then is only upon
those who alter it:
The pronoun
in "the sin of it" refers to the alteration; all the rest refer to the
bequest according to usage; bequest is a masdar and is used both as
masculine and feminine. (That is why the pronouns used in the verse
are of masculine gender.) "upon those who alter it": Allah did not say
'upon them', because the wording used clearly indicates the nature of sin,
that is, alteration of a will; also it paves the way for the next
verse.
QUR'AN: But he who
fears an inclination (to a wrong course) or an act of disobedience
on the part of the testator, and effects an agreement between the parties,
there is no blame on him:
al‑Janaf
(inclination; deviation); it is said that it indicates outward
inclination of the feet, and al‑hanaf shows their inward
inclination. In any case, it is used here to denote an inclination
towards sin and disobedience, as it is followed by "or an act of
disobedience". The verse branches out from the preceding one. Its
meaning is as follows (and Allah knows better): The sin of
alteration is only upon those who alter the bequest (which was made
according to usage). Of course, if someone fears that the bequest
of the testator is, or shall be, an act of disobedience or inclined
towards a wrong course, and then effects an agreement between the parties,
free from error and sin, then there is no blame on him; because he has not
changed a bequest made according to usage; rather he has altered only the
wrong and sin found in it.
TRADITIONS
Muhammad
ibn Muslim says that he asked as-Sadiq (a.s.) whether a bequest was
allowed in favor of an heir. The Imam said: "Yes". Then he recited this
verse, "Bequest is prescribed . . . if he leave behind wealth, for parents
and near relatives. . . " (al‑'Ayyashi). This tradition is also narrated,
with a slight change in wording, in al‑Kafi and
at‑Tahdhib.
as-Sadiq
(a.s.) narrates through his father from 'Ali (a.s.) that he said: "He who
did not bequeath at the time of his death for those of his near relatives
who were not his heirs, surely ended his deeds with disobedience."
(al‑Ayyashi)
as‑Sadiq
(a.s.) said about this verse: "(It is) a right which Allah has given in
the properties of men to the Master of this affair (i.e. to the Imam)."
The narrator says: "I said: 'Is there a prescribed limit for it? He said:
'Yes'. I said: 'How much?' He said: 'Its lower limit is one‑sixth; and the
higher, one‑third."' (al‑'Ayyashi)
The author
says: This theme has been narrated also by as-Saduq in his
al‑Faqih from the same Imam. It is a fine inference from this verse
read in conjunction with the verse: The Prophet has a greater claim on
the believers than they have on themselves, and his wives are their
mothers; and the possessors of relationship have the better claim in the
ordinance of Allah to inheritance, one with respect to another, than
(other) believers, and (than) those who have fled (their
homes), except that you do some good to your awliya’; this is
written in the Book (33:6). This verse abrogated the system prevalent
in early days of Islam by which a "muhajir brother" inherited from
his "ansar brother"; and initiated inheritance between the
relatives; then it made an exception (from this rule of inheritance by
relationship), and that was about doing some good to your
awliyaa’*. Now Allah has made the Prophet al‑waliyy and his
pure progeny al‑awliyaa' of the believers. And this exception of
doing good to the awliyaa’ brings it within the jurisdiction of the
verse under discussion: Bequest... for parents and near relative.
And the Imams are also the "near relatives" (of the Prophet).
Understand it.
The Fifth
or the Sixth Imam said about the verse, Bequest is prescribed for
you...: It is abrogated. The verses of inheritance abrogated it."
(al‑Ayyashi)
The
author says: This tradition may be reconciled with the preceding ones
if we say that it was only its obligatoriness which was abrogated; thus
the order will continue as al‑mustahabb (recommended) even after
that.
Abu Ja'far
(a.s.) said about the verse, But he who fears an inclination (to a
wrong course) or an act of disobedience. . . : al‑janaf is
inclination to the side of error without knowing that it is allowed
(or not)." (Majma’u l-bayan)
as‑Sadiq
(a.s.) said: "When a man has made his will, then it is not allowed to the
executor to alter the bequest made; he should enforce it as (the testator)
has bequeathed; except when (the testator) has made his will against the
command of Allah, and done injustice (to an heir). Then it is allowed to
the executor to bring the will to the truth (i.e. the right course). Let
us say, there is a man who has got some heirs; and he bequeaths all (his)
property to some of the heirs, depriving the others. In such cases, it is
allowed to the executor to bring the will to the right (course). And this
is (the meaning of) the word of Allah, an inclination (to a wrong
course) or an act of disobedience. And al‑janaf is
inclination to some of his heirs, leaving the others aside; and
al‑ithm (= sin; act of disobedience) is that he directs to
build fire‑temples, and to take intoxicant. Then the executor is
allowed not to do any such thing." (at‑Tafsir, al‑Qummi)
The
author says: The explanation of al‑janaf given in this
tradition makes clear the meaning of the word of Allah: and effects an
agreement between the parties. The words refer to effecting reconciliation
and settlement between the heirs, when there is conflict and quarrel among
them because the testator was inclined to wrong course, and favored one
heir at the cost of the others.
Muhammad
ibn Suqah said: "I asked Abu Ja'far (a.s.) about the word of Allah:
Whoever then alters it after he has heard it, the sin of it then Is
only upon those who alter it. He said: 'It has been abrogated by the
next verse; But he who fears an inclination (to a wrong course)
or an act of disobedience on the part of the testator, and effects an
agreement between the parties, there is no blame on him.' He said: 'It
means that if the executor fears that the testator is inclined to a wrong
course concerning his children in the bequest he has entrusted the
executor with, in a way Allah is not pleased with, (and which is) against
the truth, then there is no blame on him, (i.e. on the executor of the
will) if he changes it to the truth, and to the way of right that Allah is
pleased with."' (al‑Kafi)
The
author says: This tradition explains one verse with the help of
another. Therefore, the word, "abrogated", is not used here in its
terminological meaning. And we have earlier mentioned that the word,
"abrogation", is sometimes used in the speech of Ahlu ‘l‑bayt, in a
meaning different from the language of the Principles of
Jurisprudence.