2. Surah Al Baqarah, Medina 87
The Quranic Text & Ali’s Version:
كُتِبَ
عَلَيْكُمْ
إِذَا حَضَرَ
أَحَدَكُمُ
الْمَوْتُ إِن
تَرَكَ خَيْرًا...
2: 180. It is prescribed, when death approaches any of you, if he leave any goods,
... الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالأقْرَبِينَ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ ﴿١٨٠﴾
that he make a bequest to parents and next of kin, according to reasonable usage; this is due from the Allah-fearing.
C186. There are rules of course for the disposal of interstate property. But it is a good thing that a dying man or woman should, of his own free-will, think of his parents and his next of kin, not in a spirit of injustice to other, but in a spirit of love and reverence for those who have cherished him.
He must, however, do it "according to reasonable usage": the limitations will be seen further on.
فَمَن
بَدَّلَهُ
بَعْدَمَا
سَمِعَهُ فَإِنَّمَا
إِثْمُهُ عَلَى
الَّذِينَ
يُبَدِّلُونَهُ
...
2: 181. If anyone changes the bequest after hearing it, the guilt shall be on those who make the change.
... إِنَّ اللّهَ سَمِيعٌ عَلِيمٌ ﴿١٨١﴾
For Allah hears and knows all things.
2: 180 [ al-Baqarah, Medina 87 ]
Asad It is ordained for you, when death approaches any of you and he is leaving behind much wealth, to make bequests in favor of his parents and [other] near of kin in accordance with what is fair: this is binding on all who are conscious of God.
.
Pickthall It is prescribed for you, when one of you approacheth death, if he leave wealth, that he bequeath unto parents and near relatives in kindness. (This is) a duty for all those who ward off (evil).
Transliteration Kutiba 'alaikum iza_ hadara ahadakumul mautu in taraka khaira_nil wasiyyatu lil wa_lidaini wal aqrabina bil ma'ru_f(i), haqqan 'alal muttaqin(a).
2: 181
Asad And if anyone alters such a provision after having come to know it, the sin of acting thus shall fall only upon those who have altered it. Verily, God is all-hearing, all-knowing.
.
Pickthall And whoso changeth (the will) after he hath heard it the sin thereof is only upon those who change it. Lo! Allah is Hearer, Knower.
Transliteration Famam baddalahu_ ba'da ma_ sami'ahu_ fa innama_ ismuhu_ 'alal lazina yubaddilu_nah(u_), innalla_ha sami'un 'alim(un).
2: 182
Yusuf Ali But if anyone fears partiality or wrong-doing on the part of the testator and makes peace between (the parties concerned) there is no wrong in him; for Allah is Oft-Forgiving Most Merciful.
Pickthall But he who feareth from a testator some unjust or sinful clause, and maketh peace between the parties, (it shall be) no sin for him. Lo! Allah is Forgiving, Merciful.
Transliteration Faman kha_fa mim mu_sin janafan au isman fa aslaha bainahum fala_ isma'alaih(i), innalla_ha gafu_rur rahim(un).
[Ali’s notes - 186 There are rules of course for the disposal of intestate property. But it is a good thing that a dying man or woman should, of his own free-will, think of his parents and his next of kin, not in a spirit of injustice to other, but in a spirit of love and reverence for those who have cherished him. He must, however, do it "according to reasonable usage": the limitations will be seen further on. (2.180)
187 A verbal will is allowed, but it is expected that the testator will be just to his heirs and not depart from what is considered equitable. For this reason definite shares were laid down for heirs later (see Q. iv. 11, etc.). These define or limit the testamentary power, but do not abrogate it. For example, amongst kin there are persons, e.g., an orphan grandson in the presence of surviving sons) who would not inherit under the intestate scheme, and the testator might like to provide for them. Again, there may be outsiders for whom he may wish to provide, and jurists have held that he has powers of disposition up to one-third of his property. But he must not be partial to one heir at the expense of another, or attempt to defeat lawful creditors. If he tries to do this, those who are witnesses to his oral disposition may interfere in two ways. One way would be to persuade the testator to change his bequest before he dies. The other way would be after death, to get the interested parties together and ask them to agree to a more equitable arrangement. In such a case they are acting in good faith, and there is no fraud. They are doing nothing wrong. Islam approves of every lawful device for keeping brethren at peace, without litigation and quarrels. Except for this, the changing of the provisions of a Will is a crime, as it is under all Law. (2.182) ]
[ Asad’s notes – 152 The word “khayr” occurring in this sentence denotes “much wealth” and not simply “property”: and this explains the injunction that one who leaves
much wealth behind should make bequests to particularly deserving members of this family in addition to – and preceding the distribution of – the legally fixed shares mentioned I n 4:11 – 12. This interpretation of “khayr” is supported by sayings of Aishah and Ali ibn Talib, both of them referring to this particular verse (cf. Zamakhshari and Baydawi).
153 – Lit., “and as for him who alters it” – i.e., after the testator’s death – “after having heard it, the sin thereof is only upon those who alter it”: that is, not on anyone who may have unwillingly benefited by this alteration. It is to be noted that the verb sami’a (lit., “he heard”) has also the connotation of “he came to know”.
154 – Lit., “between them” – i.e., a settlement overriding the testamentary provisions which, by common consent of the parties concerned, are considered unjust. ]
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