Verses 180-182 of Surah Al-Baqarah

Context from Tafheem: Following the laws of retaliation (Qisas), this section addresses another critical social institution: inheritance and wills. These verses establish the initial, obligatory command for writing a will, which was later abrogated (mansukh) in favor of the detailed, fixed shares of inheritance outlined in Surah An-Nisa (4:11-12). However, the core principles of justice for parents and relatives, and the prohibition of altering a will with harmful intent, remain eternally valid.


سورة البقرة (Surah Al-Baqarah)

آية 180

القرآن: كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ
Translation: Prescribed for you, when death approaches one of you and he leaves wealth, is to make a bequest for his parents and near relatives according to what is acceptable – a duty upon the righteous.

Explanation (Tafheemul Quran):
Maududi explains that this was the first injunction regarding inheritance in Islam, revealed in Mecca before the detailed laws were established in Medina.

· The Obligation: The verse uses the strong term “prescribed for you” (kutiba ‘alaykum) making it an incumbent duty when two conditions are met: 1) death is approaching, and 2) one is leaving behind some wealth (“khayr”).
· The Beneficiaries: The obligation is to make a bequest (“wasiyyah”) for parents and near relatives. The phrase “according to what is acceptable” (bil-ma’ruf) means it should be fair, reasonable, and in line with recognized good conduct, not harmful to other heirs.
· A Marker of Piety: This duty is described as “a duty upon the righteous (al-muttaqin).” Caring for one’s family’s welfare after one’s death is an act of God-consciousness and responsibility.

Important Note from Tafheem: Maududi clarifies that this general commandment was abrogated (mansukh) by the later, specific verses in Surah An-Nisa’ (4:11-12, 176) which fixed the shares for parents, spouses, children, and other relatives. After that revelation, a Muslim must distribute their wealth according to those divine shares. They cannot write a will that alters these fixed shares for the designated heirs. A will is now only for bequests to non-heirs (e.g., charities, distant relatives not included in the fixed shares), and even then, it must not exceed one-third of the total estate (as established by the Prophet’s Sunnah).

آية 181

القرآن: فَمَن بَدَّلَهُ بَعْدَ مَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ ۚ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ
Translation: But whoever alters it after he has heard it, then its sin is only upon those who alter it. Indeed, Allah is Hearing and Knowing.
Explanation: This verse establishes the sanctity and inviolability of a will once it has been duly witnessed and declared. “Whoever alters it” refers to anyone—the testator who changes it unjustly, a witness who tampers with it, or an heir who conceals it.

· Personal Accountability: The sin falls solely “upon those who alter it.” The one who wrongfully changes a valid will bears the full burden of the sin.
· Divine Awareness: The conclusion, “Indeed, Allah is Hearing and Knowing,” is a severe warning. God hears the original will and knows the intention behind its alteration. No deception is possible.

آية 182

القرآن: فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَا إِثْمَ عَلَيْهِ ۚ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
Translation: But if one fears from the testator some injustice or sin, and he makes peace between them, then there is no sin upon him. Indeed, Allah is Forgiving and Merciful.
Explanation:
Maududi elucidates this as an exception to the previous rule, dealing with a situation of preventive justice.

· The Scenario: A person (likely a witness or a wise family member) realizes that the testator is about to make a bequest that involves “injustice (janafan)” (bias, deviation from fairness) or “sin (ithm)” (e.g., depriving a rightful heir, or bequeathing to causes that promote sin).
· The Permitted Intervention: In such a case, that person is allowed to “make peace between them”—meaning to counsel the testator, mediate among the parties, and rectify the situation before the will is finalized and witnessed, to ensure it is just and lawful.
· No Sin for the Reformer: For someone who intervenes to correct an unjust will before it is cemented, “there is no sin upon him.” This action is praised as reform (islah).
· The Nature of God: The verse ends by reaffirming God’s attributes of Forgiveness and Mercy, indicating He approves of such actions that prevent wrongdoing and promote fairness within the framework of His law.


Summary from Tafheemul Quran Perspective (Verses 180-182):

While the specific injunction of verse 180 was abrogated, Maududi’s commentary draws out these enduring principles:

  1. The Spirit of the Law: The primary concern is justice and provision for family and relatives. This spirit is preserved and perfected in the later laws of fixed shares.
  2. Sanctity of Legal Declarations: A duly executed will is a sacred trust. Knowingly altering it is a major sin bearing personal accountability.
  3. Preventive Justice and Reform: There is a place and a reward for wise, discreet intervention to prevent an injustice from being legally codified, as long as it is done to establish fairness according to divine guidelines.
  4. Evolution of Legislation: These verses show the gradual, wisdom-based revelation of Islamic law, where initial general commands were later specified and perfected, with the ultimate aim of establishing a just and merciful social order.

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