Surah Al-Baqarah 2:177-182 - Quran Translation Commentary

(2:177) Piety³⁴⁶ is not (in) that you turn your faces towards the east or the west.³⁴⁷ Rather piety (is in) him who believed in Allah, the Last Day, the angels, the Books and the Prophets. And he gave wealth despite it being dear³⁴⁸ to the kindred, orphans,³⁴⁹ the destitute,³⁵⁰ the wayfarer,³⁵¹ to those who ask,³⁵² and, to (ransom) slaves.³⁵³ Moreover, he Prayed (diligently and spiritedly),³⁵⁴ and gave the zakah.³⁵⁵ And those who fulfill their promises when they make them. And those who endure with fortitude poverty, illness,³⁵⁶ and, (remain steadfast) at moments of great stress in the battlefield.³⁵⁷ It is these who are truthful, and it is these who are godfearing.³⁵⁸

(2:178) Believers,³⁵⁹ (law of just) retribution has been prescribed³⁶⁰ for you in matters of the slain: a free man for a free man; slave for slave, and female for female.³⁶¹ But he who has been forgiven something by his brother, then, let the pursuing be honorable, and let the other pay to him in a goodly manner.³⁶² This is a leniency from your Lord, and a mercy.³⁶³ He who commits an aggression after that, will have a painful chastisement.³⁶⁴

(2:179) There is life in you in the (law of just) retribution, O men of understanding. So that you may refrain.³⁶⁵

(2:180) It has been prescribed for you, when death approaches one of you, and he is leaving wealth (behind him),³⁶⁶ that he make testament in favor of his parents and kinsmen, in a just manner:³⁶⁷ an obligation on the godfearing.³⁶⁸

(2:181) And whoever alters (the will) after having known it,³⁶⁹ surely the sin will be upon those who alter it. Allah is All hearing, All knowing.

(2:182) However, if anyone fears from the testator, an inclination (to injustice),³⁷⁰ or a sin and so makes peace between them, then there is no blame upon him.³⁷¹ Surely, Allah is very Forgiving, very Kind.³⁷²

Commentary

346. Ashraf Ali Thanwi calls the virtues listed in this verse as the "Doors to Virtue" (abwab al birr).

347. That is, there is no virtue in you doing prayers (etc.) but not practicing (the rest of Islam): Ibn `Abbas Ibn Jarir, Ibn Kathir.

Thanwi adds: The verse indicates that mere "appearances" are not enough.

"Islamic worship, it must be manifest to the reader, is not directed toward any direction as such east, west, north, or south, but toward a particular House, on whatever side of the worshipper it may happen to be" (Majid).

348. That is, he gave despite such obstacles of the inner self (Au.).

`Abdullah ibn Mas`ud has said: The meaning is: "(He spent despite) greed, without any great internal desire (to give, rather, on the contrary) wishing to get richer, and fearing poverty" (Ibn Jarir).

There is in fact, a hadith also (in Fath al Bari), to this effect (Ibn Kathir).

Abu Hamza says: I asked Sha`bi: "Is a man's wealth pure after he has paid the zakah?" He recited this verse In reply: "Piety does not consist in...."

Fatimah bint Qays says the Prophet said: "إنّ في المالِ لَحَقّاً سِوَى الزكاةِ" "There are other rights of the people on your wealth apart from zakah,' and recited this verse" (Ibn Jarir, Ibn Kathir, and Qurtubi).

The last mentioned, however, adds that the dependability of the chain of narrators has been questioned but not the meaning it conveys).

And when the Prophet (saws) was asked, 'What charity is the best," he replied: جهد المقل على ذي القرابة الكاشح "Of a person who has to struggle to give from his little, to the kin who bears grudge against him" (Ibn Jarir).

The authenticity of the report's second half part could not be traced (Au.).

There is another hadith on the topic. It is in the Sahihayn. When asked about the best of charity, the Prophet replied: أَنْ تَصَدَّقَ وَأَنْتَ صَحِيحٌ شَحِيحٌ ، تَخْشَى الْفَقْرَ وَتَأْمُلُ الْغِنَى “That you should spend in charity while you are healthy, parsimonious, fearful of poverty and hoping for wealth” (Ibn Kathir).

349. "An orphan is defined as one who has lost his father and is a minor. He deserves charity if he has no one to provide for, and is unable to earn his own living. However, once he attains maturity, he is no more an orphan, as declared by the Prophet" (Ibn Kathir).

350. Miskin (destitute) is someone who does not have enough for his food, clothing, or housing. Abu Hurayrah (ra) has been recorded in the Sahihayn quoting the Prophet (saws) as having said: عَنْ أَبِى هُرَيْرَةَ أَنَّ رَسُولَ اللَّهِ -صلى الله عليه وسلم- قَالَ « لَيْسَ الْمِسْكِينُ بِهَذَا الطَّوَّافِ الَّذِى يَطُوفُ عَلَى النَّاسِ فَتَرُدُّهُ اللُّقْمَةُ وَاللُّقْمَتَانِ وَالتَّمْرَةُ وَالتَّمْرَتَانِ ». قَالُوا فَمَا الْمِسْكِينُ يَا رَسُولَ اللَّهِ قَالَ « الَّذِى لاَ يَجِدُ غِنًى يُغْنِيهِ وَلاَ يُفْطَنُ لَهُ فَيُتَصَدَّقَ عَلَيْهِ وَلاَ يَسْأَلُ النَّاسَ شَيْئًا ». "Miskin is not one who goes about begging people who can be sent away with a morsel or two or a date or two." They asked him, "Who then is a true miskin, O Messenger of Allah?" He answered, "He is someone who does not find enough for his needs; but who does not make his situation obvious so that he could be helped" (Ibn Kathir).

351. A wayfarer is someone who is in journey, but has no means to continue, or who wants to start on a journey in the way of Allah but does not find enough means. According to Ibn `Abbas, however, every guest (who drops in to spend a day or two) is a wayfarer. This is also the opinion of Mujahid, Sa`id ibn Jubayr, Abu Ja`far al Baqir, Hasan, Qatadah and others (Ibn Kathir).

Ibn Jarir adds: Qatadah used to say that "ibn al sabil" includes the guest. He also reported the Prophet (saws) as saying: مَنْ كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ فَلْيَقُلْ خَيْرًا ، أَوْ لِيَسْكُتْ “Whoever believes in Allah and the Hereafter may say good or remain silent.”

(The report is in Bukhari: Au.). He also reports the Prophet as saying: حَقُّ الضِّيَافَةِ ثَلاَثَةُ أَيَّامٍ فَمَا أَصَابَ بَعْدَ ذَلِكَ فَهُوَ صَدَقَةٌ “The guest's right of hospitality is three days. Anything beyond that is sadaqah.'"

(The report is also in Ahmad but could not be checked for its authenticity: Au.).

A casual visitor, individual or family, is not ibn al-sabil (Au.).

352. The sa'il of the original is anyone who asks for help. The Prophet is reported to have said, عنْ فَاطِمَةَ بِنْتِ حُسَيْنٍ عن حُسَيْنِ بن عَلِيَ قالَ قالَ رَسُولُ الله صلى الله عليه وسلم: "لِلسّائِلِ حَقّ وَإِنْ جَاءَ عَلَى فَرَسٍ" {وَإِسْنَادُهُ حَسَنٌ إِلَّا أَنَّهُ مُرْسَلٌ ، قَالَ أَبُو عَلِيُّ بْنُ السَّكَنِ وَأَبُو الْقَاسِمِ الْبَغَوِيُّ وَغَيْرُهُمَا : كُلُّ رِوَايَاتِ حُسَيْنِ بْنِ عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ مَرَاسِيلُ فَهُوَ مُرْسَلُ صَحَابِيٍّ وَجُمْهُورُ الْعُلَمَاءِ عَلَى الِاحْتِجَاجِ بِهِ (تحفة الأحوذي)} "The beggar has the right (to be given), even if he comes on a horse" (Ibn Kathir).

353. By the al riqab of the original those slaves are meant who have entered into an agreement with their masters about redemption but are unable to raise sufficient funds (Ibn Kathir). Qurtubi adds: According to Imam Malik (it applies to the prisoners of war also) who should be released at all cost, even if it means spending away all the wealth of the people.

Asad comments: "By including this kind of expenditure within the essential acts of piety, the Qur'an implies that the freeing of people from bondage and, thus, the abolition of slavery is one of the social objectives of Islam. At the time of the revelation of the Qur'an, slavery was an established institution throughout the world, and its sudden abolition would have been economically impossible. In order to obviate this difficulty, and at the same time to bring about an eventual abolition of all slavery, the Qur'an ordains in 8:67 that henceforth only captives taken in a just war (jihad) may be kept as slaves. But even with regard to persons enslaved in this or before the revelation of 8:67 in any other way, the Qur'an stresses the great merit inherent in the freeing of slaves, and stipulates as a means of atonement for various transgressions (see, e.g., 4:92, 5:89, 58:3). In addition, the Prophet emphatically stated on many occasions that, in the sight of God, the unconditional freeing of a human being from bondage is among the most praiseworthy acts which a Muslim could perform. (For a critical discussion and analysis of all the authentic Traditions bearing on this problem, see Nayl al Awtar VI, 199 ff.)."

354. Aqama al salah: That is, prayed on time, doing the bowing and prostration properly, and with full attention of the heart and mind (Ibn Kathir).

355. Aata al zakah: It could be alluding to the cleansing of the soul from base qualities, as well as to the charity that Allah has stipulated, as is the opinion of Sa`id ibn Jubayr and Muqatil b. Hayyan. As Musa said to Fir`an (79: 18): {هَلْ لَكَ إِلَى أَنْ تَزَكَّى} [النازعات: 18] “Would you then, like to be cleansed?” (Ibn Kathir).

356. Qurtubi cites a hadith in which the Prophet is reported to have said:

عن أبي هريرة قال : قال رسول الله صلى الله عليه و سلم : قال الله تعالى : إذا ابتليت عبدي المؤمن و لم يشكني إلى عواده أطلقته من أساري ثم أبدلته لحما خيرا من لحمه و دما خيرا من دمه ثم يستأنف العمل (هذا حديث صحيح على شرط الشيخين و لم يخرجاه - المستدرك على الصحيحين للحاكم مع تعليقات الذهبي في التلخيص)

"Allah says, 'When I test one of My slaves with a sickness, and he does not complain to his visitors, I change his old flesh for a better one, and his old blood for a better one. So that, if I deal him death, he returns to My Mercy, and if I cure him, he is without a sin.' They asked, "In what sense does his flesh become better than his old one?' He replied: 'A flesh that has not sinned.' He was asked, 'In what sense does his blood become better than his old one?' He replied, 'A blood that has not sinned.'"

357. Sayyid Qutb comments: "Let us look at this important verse more closely. What's the true value of faith in Allah, in the Hereafter, in the angels and in the Prophets?

"Faith in Allah is the point of departure in the life of a person from the worship of various powers, objects and opinions ... to ... the worship of one Allah ... the faith that liberates him from all other kinds of worship, raising him to the level of everyone else of the humankind on to a single platform, in a single row in front of One God! It is also the point of transition from anarchy to discipline, from aimlessness to purpose in life, from disunity and fragmentation to unity of purpose ... Belief in the Hereafter is belief in the system of justice instituted by Allah ... and for awareness that this life is not pointless, rather, a good deed here will be rewarded for, if not in this life, then in the next ... Belief in the angels is a part of belief in the unknown which makes the difference between animals and man, the former incapable of feeling anything but that which is palpable through physical senses ... Faith in the Books and Prophets is the faith in the unity of humankind, in the unity of its God, in the unity of its religion, and in the unity of the divine system (of guidance).

"Again, what is the point in spending money despite it being dear on the relatives, orphans, destitute, travelers, those who ask, and the prisoners and slaves? Spending liberates the humans from the shackles of greed, avariciousness, weakness and selfishness ... liberates them from the worship of wealth ... and from greed. This is a very important element in the sight of Islam. It endeavors to liberate a man first from his evil inner forces, before attempting to liberate him from external forces. The spending on the kin, orphans, destitute, travelers, those that ask, the prisoners and the slaves ... all these have their place and value. Spending on the kin strengthens the family ... which is the first seed of the larger tree of community ... Spending on the orphans levels up the young with the old, the weak with the strong. Neglect of these results in their exposure to all kinds of evils. Spending on the destitute gives them the assurance that no individual of the society suffers neglect. Spending on the traveler gives him the feeling that the whole world is his world, and every town is his home town. Spending on those who ask, is, in the Islamic system of life, spending on someone who is in dire need of help, for Islam advises him to work and not ask, to be content and not beg, and therefore, he must have been forced by totally unavoidable circumstances to ask. Finally, spending on the slaves and prisoners indicates that the Islamic system of life has declared war against these institutions.

"Prayers! What's their value? It is not simply the movements of the body and limbs in a prescribed manner; nor it is simply a spiritual exercise as understood by the Sufis. It is the combination of bodily movements, mental attention, and spiritual concentration.

"What about zakah?! To mention it after charity is a clear indication that there are other demands on the wealth of a man ... that charity is voluntary while zakah is enforced by the state.

"Again, the oft repeated injunction to fulfill promises? What about it? It creates the right atmosphere ... the atmosphere of trust between man and his God, between man and man, between state and state.

"Finally, the injunction about steadfastness in the face of difficulties is to teach the individuals that they may not get overly excited with every new event nor die out of despondency at every misfortune.

"Thus in a single verse the Qur'an has assembled together all the virtues that are the basis of the Islamic system and which cannot be established if any of them is missing."

358. "'This is one of the noblest verses in the Qur'an ... Faith in God and benevolence toward man is clearly set forth as the essence of religion. It contains a compendium of doctrine as well as of precept to be practiced in life.' It is something after all to have these words of commendation by so irreverent a critic of Islam as ‘reverend' E.M. Wherry'" (Majid).

359. Asad writes: "After having pointed out that true piety does not consist in mere adherence to outward forms and rites, the Qur'an opens, as it were, a new chapter relating to the problem of man's behaviour. Just as piety cannot become effective without righteous action, individual righteousness cannot become really effective in the social sense unless there is agreement within the community as to the social rights and obligations of its members; in other words, as to the practical laws which should govern the behaviour of the individual within the society and the society's attitude toward the individual and his actions. This is the innermost reason why legislation plays so great a role within the ideology of Islam, and why the Qur'an consistently intertwines its moral and spiritual exhortation with ordinances relating to practical aspects of social life. Now one of the main problems facing any society is the safeguarding of the lives and the individual security of its members: and so it is understandable that laws relating to homicide and its punishment are dealt with prominently at this place...

"As for the term qisas occurring at the beginning of the above passage, it must be pointed out that according to all the classical commentators it is almost synonymous with musawah, i.e., 'making a thing equal [to another thing]': in this instance, making the punishment equal (or appropriate) to the crime a meaning which is best rendered as 'just retribution.'"

360. That is, it has been made obligatory.

361. This verse was revealed to institute justice. In pre Islamic times some people considered themselves superior to others, enforcing their superiority with force. In matters of blood money, for instance, certain tribes considered males of other tribes unequal to males of their own, so that when one of their slaves was killed by another tribe, in retaliation they demanded a free man's life or blood wit double in amount. Likewise if a female of their tribe was killed by a female of another and lower tribe, they demanded a male's life or blood money of a free male in retaliation. Banu Nadir for instance demanded from Banu Qurayzah double the blood wit, although both were Jewish. In fact, cases of similar nature were pending decision between two other tribes when Islam appeared. Although both the tribes embraced Islam, one of them remained demanding retribution according to the old order. Allah (swt) revealed this verse which purports to say: If a woman kills a woman, only the woman may be punished in retaliation. And, if a slave kills a free man, only the slave may be punished, and so on (Ibn Jarir, Ibn Kathir).

Mawdudi comments: "In pre Islamic Arabia people tried to take blood revenge upon the murderer's family and tribe, and the retaliation corresponded to the value placed on the blood of the victim. Their desire for revenge was not quenched merely by putting the murderer to death. They preferred to put to death tens and even hundreds of people for the one life they had lost....

"This attitude is not confined to the Ignorance of that bygone age. Even today those nations that are supposedly the most civilized will often proclaim, officially and quite brazenly, that if one of their citizens is killed they will execute scores of the killer's compatriots."

362. This refers to the situation in which the heirs of the victim either show leniency to the criminal and accept legal compensation in lieu of life for life, or agree not only to waive away their claim to his life but also forgive a part of what is due from him as diyah (blood money). In such cases, the Qur'an, first of all reminds them both that their relationship of brotherhood remains despite the crime, and then exhorts them to be good and kind to each other. It exhorts the heirs to be patient and not press for payments, as it advises the aggressor to pay the sums due as soon as possible, and in excess if he can: a message hidden in the words 'ada'un ilayhi bi ihsan (Au.).

363. Ibn `Abbas is reported to have said: "There was no system of blood wit in the law of the Israelites. A man had to necessarily die as a punishment for homicide. Islam instituted the system of blood wit. Hence this is a mercy from our Lord." Qatadah goes further and says that among the Israelites either it was death for murder or forgiveness. No system of blood wit prevailed. The system prevalent among the Christian did not allow for a murderer to be killed. He was to be pardoned altogether. As against these two extremes Islam offered a third course (which is the middle, practicable and equitable course) and hence the law is a mercy from Allah (Ibn Jarir, Ibn Kathir) The report by Ibn `Abbas is in Bukhari (Qurtubi).

The fear of punishment restrains a man from the crime and thus there is life in this law of retribution (Qatadah: Ibn Jarir).

"Thus, the objective of qisas is the protection of the society, and not "revenge" (Asad).

364. The allusion is to the one who killed the murderer after accepting indemnification, or legal reparation. No mercy will be shown to him in this world, so that no blood wit will be accepted from him, rather, he will be executed, and, in addition, he will be punished in the Hereafter. The Prophet (saws) said about him: "I will not forgive a man who killed (the killer) after accepting blood wit" (Ibn Jarir, Ibn Kathir).

365. "This refutes another notion of Ignorance, a notion ingrained in the minds of many people, both past and present. On the one hand, there are some people who, entrenched in Ignorance, tend to exceed the limits of moderation in revenge. At the other end of the spectrum stand those who are opposed in principle to the concept of executing a murderer...

"The Qur'an, however, addresses this question to wise and intelligent people and cautions them against such immoderate leniency by proclaiming that the survival of human society rests on the application of the death penalty for homicide. A society which holds inviolable the lives of those who disregard the sanctity of human life is in fact rearing snakes and serpents" (Mawdudi).

Legal Points

1. The law of Qisas (just retribution) is applicable only to premeditated murder (and not accidental) [Ma`arif]. It is not applied to an insane or a minor (Al Arba`ah). For the awliya' (next of kin) there is no recourse but to one of the three: life for life (i.e. they demand that the murderer be punished with death), forgiveness, or acceptance of blood wit.

2. There is no difference of opinion over the rule that all punishments involving murder (in fact all cases involving hudud major crimes for which punishment has been pronounced by the Qur'an), are to be administered by the state or a ruling authority, and not by individuals or groups (Qurtubi).

3. The majority of scholars are of opinion that a free man may not be killed in retaliation of the murder of a slave, or a Muslim for a dhimmi, rather only blood money would be due. However, the Hanafiyya's opinion, and that of `Ali ibn Abi Talib, Ibn Mas`ud, Thawri, Ibn Abi Layla, Sa`id ibn al Musayyib, Qatadah, Ibrahim Nakha`i and Ibn `Uyayna is that a free man will be killed in retaliation of a slave and a Muslim for killing a dhimmi (Qurtubi).

4. Opinions vary between the leading scholars over whether a man would be killed in retaliation if he murdered his own son.

5. If, for instance, a murdered man has left only two sons as his legal heir, and one of them agrees to forgive the murderer but the second refuses, then the murderer will be set free and required to pay only one half of the blood wit amount to the second son (Ma`arif).

6. Blood wit amount is the value of one hundred camels, 1000 Dinars or 10,000 Dirhams (of the Prophet's time) when a Dirham was equal to about 3.5 masha of silver (Ma`arif). [One Indian tola = 12 masha = 11.66 grams, and hence one masha = 0.972 gm. Thus the blood money today will be equal to (10,000 x 3.5 x 0.972) about 34 kg. of silver or its equivalent in currency: Au.]. This in principle is the diyah (blood money) in case of accidental manslaughter. The amount might be increased (by the judge) for premeditated murder (Al Arba`ah).

7. The inheritors will divide the blood money among themselves in the same ratio in which the Shari`ah has allotted them the shares in inheritance (Ma`arif).

8. The murderer will not get any share from the murdered person if he happens to be one of the heir (Al Arba`ah).

9. Will a group of people be punished if they jointly commit a murder? Hanafiyyah and Shafe`iyyah say yes. Malikiyyah add conditions. Hanabilah say no (Al Arba`ah).

10. "`Whenever retaliation for murder or hurt is compounded, the money payable as consideration can be realized only from the offender himself. So also, when compensation is ordered in cases where there is a doubt as to the willful nature of the homicide. Similarly, when the hurt caused has not resulted in death, the wrong doer alone can be called upon to pay compensation. But when death has been caused by negligence or mistake, the offender's Akilas (`Aqila: Au.), that is, his tribe, or regiment, or the inhabitants of the town to which he belongs, are to pay the blood money to the heirs of the deceased. The reason is, that it is the duty of a person's Akilas to watch his conduct and the law presumes that the wrong doer would not have acted in the way he did unless they neglected their duty.' (Abdur Rahim, Muhammadan Jurisprudence, p. 359)" Majid.

366. "The word khayr occurring in this verse denotes "much wealth" and not simply "property" (Ibn Kathir, Qurtubi, in Asad's words). Accordingly, it is reported of `Ali (ra) that he visited a cousin of his at the time of his death. The man said he wanted to write down his will. `Ali told him, "Don't do that, for you are not leaving wealth behind you." The man was leaving behind 700 900 Dirham (Ibn Jarir). It is also reported of `A'isha (ra) that a man wanted to write down his will while he was leaving a lot of children behind him and about 400 Dinars. `A'isha said, "I don't see any virtue in (you writing) it down" (Ibn Jarir).

Thanwi adds: (The use of the word khayr which is synonymous with "much wealth") is indicative of the fact that possession of wealth is not against taqwa, so long as various dues are paid and obligations met.

367. "The term ma`ruf occurs quite frequently in the Qur'an. It refers to the conduct which is reckoned fair and equitable by the generality of disinterested people. The generally accepted usages and customs of life are called `urf and ma`ruf in Islamic terminology, and they are considered valid in all those matters not specifically regulated by the Shari`ah" (Mawdudi).

368. According to the great majority of scholars, this verse has been abrogated by verse 7 of surah al Nisa' which says: لِلرِّجَالِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَفْرُوضً [النساء : 7] "For men is their share of what their parents and relatives leave behind, and for women is their share of what their parents and relatives leave behind whether little or much that they leave behind a share allotted (by Allah)." However, since quite a few of the kin are left out without a share allotted to them by the Qur'anic verses of mirath, it can be said that this verse of al Baqarah remains unabrogated for a person who is leaving a lot of wealth and many relations behind him, whom he may allot their share through his will, acting on the verse under discussion and on the hadith of Bukhari which says, مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَيْءٌ يُوصِي فِيهِ يَبِيتُ لَيْلَتَيْنِ إِلَّا وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَهُ "It is not right of a man who has some wealth that he pass two nights without the will written down." Accordingly, Ibn `Umar used to say, "I have not spent a night since I heard this from the Prophet without the will written down" (Qurtubi, Ibn Kathir).

As for the amount one can bequeath, there is consensus of opinion that it may not exceed one third of the estate (i.e. the sums that will remain after all debts have been paid). This is in light of the hadith of Sa`d b. Mu`adh in the Sahihayn whom the Prophet visited in his sick bed. عَامِرِ بْنِ سَعْدٍ عَنْ أَبِيهِ رَضِيَ اللَّهُ عَنْهُ قَالَ مَرِضْتُ فَعَادَنِي النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقُلْتُ يَا رَسُولَ اللَّهِ ادْعُ اللَّهَ أَنْ لَا يَرُدَّنِي عَلَى عَقِبِي قَالَ لَعَلَّ اللَّهَ يَرْفَعُكَ وَيَنْفَعُ بِكَ نَاسًا قُلْتُ أُرِيدُ أَنْ أُوصِيَ وَإِنَّمَا لِي ابْنَةٌ قُلْتُ أُوصِي بِالنِّصْفِ قَالَ النِّصْفُ كَثِيرٌ قُلْتُ فَالثُّلُثِ قَالَ الثُّلُثُ وَالثُّلُثُ كَثِيرٌ Sa`d was reported as saying, “I fell sick and the Prophet came to visit me. I said, ‘Messenger of Allah, pray Allah for me that He may not turn me back (apostate).’ He said, ‘Maybe Allah will raise you (in rank) and people will benefit from you.’ I said, ‘I wish to leave a will. I have a daughter and so I wish to will for half.’ He said, ‘Half is too much.’ I said, ‘Then a third?’ He said: "A third, yes. But even a third is too much." Accordingly, Ibn `Abbas used to say that he wished people would remain within one fourth since the Prophet said that even a third was too much (Qurtubi, Ibn Kathir).

However, one may bequeath more than one third also, provided all the legal heirs give their consent (Thanwi).

But one cannot will in favor of an inheritor. If he did, it will be treated as null and void after his death in view of hadith in Bukhari and others, لَا وَصِيَّةَ لِوَارِثٍ “Bequething in favor of an inheritor is disallowed.”

Yet, it is not the best thing to spend one's wealth at the death bed, in view of the hadith of Nasa'i which reports the Prophet (saws) as having said: مثل الذي ينفق أو يتصدق عند موته مثل الذي يهدي بعد ما يشبع "Whoever spends or gives away in charity at the time of his death is like he who gifts away (a food article) after he has had his full" (Qurtubi).

369. Sami`a has also the connotation of "he came to know" (Asad).

370. Janafa of the original means to incline or deviate. That is, he who deviates from the course of justice. This is applicable to the situation in which a man is present beside a testator who is not doing justice while writing down the will. He tells him, `Look! Don't give this man so much.' Or, ` I believe the other man is more deserving,' and so forth (Ibn Jarir).

371. That is, if a testator commits wrong or does not do justice by his will, and the next of kin (waliyy) or the ruler of the time makes corrections in accordance with the Qur'an and Sunnah, then there is not sin upon them. According to Suddi, parents and relatives can also make alterations through mutual consultations without incurring a sin (Ibn Jarir).

372. Daraqutni has related through Anas b. Malik that the Companions of the Prophet (saws) used to begin their testament with the following: «هذا ما أوصى به فلان بن فلان أنه يشهد أن لا إله إلا الله وحده لا شريك له ، وأن محمداً عبده ورسوله ، وأن الساعة آتية لا رَيْبَ فيها ، وأن الله يبعث من في القبور . وأوصى مَن ترك بعده من أهله بتقوى الله حق تُقاته وأن يُصلحوا ذات بيْنهم ، ويطيعوا الله ورسوله إن كانوا مؤمنين ، وأوصاهم بما وصّى به إبراهيم بنيه ويعقوب : «يا بنيّ إن الله اصطفى لكم الدين فلا تموتن إلا وأنتم مسلمون» "This is the testament of so and so, son of so and so. He bears witness that there is no deity save Allah, the One who has no partners; and he bears witness that Muhammad is His slave and Messenger. The Hour will arrive, there is no doubt about it; and that Allah will resurrect those in the graves."

(He would then admonish those he was leaving behind of his kin to):

"Fear Allah in the manner in which it is befitting; to be good and fair with each other; and obey Allah and His Prophet if they are true in their claim to faith. (He would also admonish them in the words Ibrahim (asws) admonished his progeny when he said: ‘O my children, Allah has chosen this religion for you, so die not save on submission).'"

(Then, after this preamble, would the Companion state his will - Qurtubi).