بسم الله الرحمن الرحيم
كُتِبَ عَلَيۡكُمۡ إِذَا حَضَرَ أَحَدَكُمُ ٱلۡمَوۡتُ إِن تَرَكَ خَيۡرًا ٱلۡوَصِيَّةُ لِلۡوَٲلِدَيۡنِ وَٱلۡأَقۡرَبِينَ بِٱلۡمَعۡرُوفِۖ حَقًّا عَلَى ٱلۡمُتَّقِينَ (١٨٠) فَمَنۢ بَدَّلَهُ ۥ بَعۡدَمَا سَمِعَهُ ۥ فَإِنَّمَآ إِثۡمُهُ ۥ عَلَى ٱلَّذِينَ يُبَدِّلُونَهُ ۥۤۚ إِنَّ ٱللَّهَ سَمِيعٌ عَلِيمٌ۬ (١٨١) فَمَنۡ خَافَ مِن مُّوصٍ۬ جَنَفًا أَوۡ إِثۡمً۬ا فَأَصۡلَحَ بَيۡنَہُمۡ فَلَآ إِثۡمَ عَلَيۡهِۚ إِنَّ ٱللَّهَ غَفُورٌ۬ رَّحِيمٌ۬
“It is enjoined upon you, when death approaches any one of you and he leaves some wealth, that he must bequeath for the parents and the nearest of kin in the approved manner, being an obligation on the God-fearing. (180) Then, whoever changes it after he has heard it, its sin will only be on those who change it. Surely, Allah is All-hearing, All-knowing. (181) But, whoever apprehends a mistake (unintentional) or a sin (intentional) from a testator, and puts things right between them, then there is no sin on him. Surely, Allah is Forgiving, Merciful.” (182)
Ruling: It was common practice in the early stages of Islam that all the wealth of the deceased was given to the wife and children of the deceased. Parents and other relatives were deprived of anything. This verse mentions that parents and other relatives should also be given from one third of the inheritance. So, as to the purport of this verse, it was incumbent on the deceased to leave a will. It was compulsory to leave a bequest until the verses of inheritance were revealed in Surah Nisaa, where the shares of all the inheritors were fixed. (Tafsir Uthmani V1 pg 189, Maarif Al Quran V1 pg 450) The prophet ﷺalso said in a sermon of Hajja-Al-Wadaa “Surely, Allah has distributed for every person his share of inheritance, so it is not permissible to make a bequest for an inheritor” (Tirmithi 2121) (Ruh Al Maani, V3 pg 115)
Ruling: In a case where certain relatives will not inherit, and are in need, it is mustahab (desirable) to bequeath to them from one third of the estate. (Maarif Al-Quran V1 pg 151)
Ruling: Whenever a valid bequest is made, it should not exceed one third of the estate.
Ruling: Verse 181 is referring to the case where the deceased made a fair and Shariah compliant bequest, however the executers of the will did not exact the bequest as it was. The deceased is not at fault here, rather it is the executors or witnesses. (Tafsir Uthmani V1 pg 189)
Ruling: Verse 182: However, certain alterations to the bequest are permissible, this is when someone comes to know that the deceased made an error or acted against the Sharia in the bequest. It would be permissible, rather preferable for him in this scenario to make a settlement between the receiver of the bequest and the inheritors in accordance to the Shari laws. (Tafsir Uthmani V1 pg 190) For example, if the one bequeathing, bequeathed more than one third for example, and passed away, then the one contracting settlement should alter the bequest and make it sharia compliant.
