English

Swahili

QCF V2

Mahmoud Khaleel Al-Husary

Dr. Abdullah Muhammad Abu Bakr and Sheikh Nasir Khamis

Swahili Translation - Ali Muhsin Al-Barwani

Ali Muhsin Al-Barwani

The view of the majority of the exegetes and jurists is that this verse is abrogated. According to this view, this verse was revealed early in the Madinan period obligating leaving behind a will bequeathing part of one’s wealth to his parents and nearest kin. However, this was later replaced by the fixed shares of inheritance spelled out in Surat al-Nisa’ ([4:11-12](https://quran.com/4:11-12)).

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This is made clear in an authentic hadith of the Prophet Muhammad (ﷺ), **“Indeed, Allah has given every rightful person his due right, so there is no bequest (*wasiyyah*) for an heir (*warith*).”** (Reported by al-Tirmidhi, al-Nasa’i, and Ibn Majah) In other words, no bequest can be made to those heirs whose shares have been fixed in the Quran.

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The majority view is that it is recommended, though not obligatory, to bequeath something for those relatives who may be in need but are not entitled to a fixed share of the inheritance. Some scholars hold that this remains as an obligation for this category of relatives, as this verse was only abrogated with respect to parents and other named relatives.



Is leaving a bequest obligatory as this verse indicates? What about the fixed shares for parents etc. detailed elsewhere?

According to the majority of scholars, the obligation to leave a bequest was abrogated by the verses spelling out the shares that each heir is entitled to from inheritance.

Imām Ibn al-Jawzī (d. 597/1201) summarized the scholars' opinions in his book "Zād al-Masīr" as follows:

1. One thousand dirhams or more. [Reported from ʿAlī and Qatādah]
2. Seven hundred dirhams or more. [Reported by Ṭāwūs from Ibn ʿAbbās]
3. Sixty dinars or more. [Reported by ʿIkrimah from Ibn ʿAbbās]
4. It is an amount of wealth plentiful enough for the needs of his family. A man asked ʿĀʾishah about making a 
bequest, and she asked him how much wealth he had. He said, "Three thousand." She asked how many dependents he 
had, and he replied, "Four." She said, "This is a small amount, so leave it for your dependents."

5. Between 500 and 1000 dirhams. [Ibrāhīm al-Nakhaʿī]
6. It applies to both small and large amounts. [Reported by Maʿmar from al-Zuhrī]

Imām Ibn al-Jawzī (d. 597/1201) summarized the scholars' opinions in his book "Zād al-Masīr" as follows:

1. It was recommended.
2. It was obligatory, which is the more correct opinion, as Allah says *kutiba* ("prescribed"), which indicates it was mandated.

Was it obligatory to make a bequest or merely recommended?

Imām Ibn al-Jawzī (d. 597/1201) summarized the scholars' opinions in his book "Zād al-Masīr" as follows:

Ibn ʿUmar said, "This verse was abrogated by the verse on inheritance." Ibn ʿAbbās said, "It was abrogated by 'For men there is a share of what the parents and close relatives leave...' [Al-Nisāʾ: 7]."

The scholars agree that the bequest for parents and close relatives who are heirs was abrogated. However, they differ regarding the close relatives who do not have an appointed share in inheritance, is the bequest obligatory for them? There are two opinions, with the more correct one being that it is not obligatory for anyone.