الآية رقم (180) - كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالأقْرَبِينَ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ

(180) - (Prescribed for you when death approaches one of you if he has some good to leave, he should make a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous.)

Someone may claim that there is a hadith that the Prophet (saws) said:

“… no bequest must be made to an heir”.[1]

We know that the Sunnah specifies the generality of the rules of the Qur’an. One may claim that the parents do inherit according to this verse in the Qur’an.

We answer him, that this verse was revealed before the other one which included them in the inheritance. Hence, when the verse of inheritance was revealed, this verse was abrogated and accordingly there has been no longer a will for the parents. There is another meaning for:

( إِن تَرَكَ خَيْرًا ) (…if he has some good to leave….): This is about money, but the word (good) may have a bigger and wider meaning than just money.  The interpreters said that the intended meaning here of the (good) indicates the extra money that is left.

Hence, no inheritance was given to the parents before the verse of inheritance was revealed. The Arabs before Islam used to give inheritance to children not parents, considering them of the passing-away generation and in general, the emotions always direct towards children. So, at first it was commanded to include parents in the will, but after that there became a share in the inheritance for the parents and no longer a will for them.

( كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ ) (Prescribed for you when death approaches one of you if he has some good to leave….): “when” and “if”, is there a difference between them? Let us put “when” in place of “if”; if you come to death. This is impossible to be in the Holy Qur’an, because (if death came) it means the death may come or may not.  Is there anyone who does not die? Allah (swt) says:

{إِنَّكَ مَيِّتٌ وَإِنَّهُم مَّيِّتُونَ }

(Indeed, you are to die, and indeed, they are to die.)  (Az-Zumar: 30)

Death is prescribed for every human being. To clarify, for example if we say: If Ahmad comes so welcome him”. This mean: he may come and he may not. But if I say: When Ahmad comes, this means I’m sure Ahmad will come. Every letter in the Holy Qur’an has a meaning, notice the accuracy of the Holy Qur’an in our verse, by using (when) it means that death will certainly come as if it is a separate entity and definitely it will come and then you will be unable to protect yourself from it.

{ فَإِذَا جَاءَ أَجَلُهُمْ لَا يَسْتَأْخِرُونَ سَاعَةً ۖ وَلَا يَسْتَقْدِمُونَ }

(So when their time has come, they will not remain behind an hour, nor will they precede [it].)  (Al-Aaraf: 34)

Why does Allah (swt) say (if he has some good to leave) instead of (when he has some good to leave)? Because if “when” is used it would mean that all people would die while they have money. But using (if) indicates that he may leave money and he may not because he may be poor. Thus, this is the difference between (when) and (if).

( إن ترك خيراً الوصية للوالدين) (…if he has some good to leave, he should make a bequest for the parents….): The first whom should be included in the will are one’s parents, because they are the most honorable persons and the first who you have duties towards them.

“A man came to the Prophet and says, “o ‘Messenger of Allah, to whom should I be dutiful?’ ‘Your mother,’ he replied. I asked, ‘Then whom?’ ‘Your mother,’ he replied. I asked, ‘Then whom?’ ‘Your mother,’ he replied. I asked, ‘Then to whom should I be dutiful?’ ‘Your father.’ “[2]

( حَقًّا عَلَى الْمُتَّقِينَ ) (…a duty upon the righteous.): This is an obligation and a duty upon the pious.  If you are not a pious so make a will to anyone you want.  But if you leave good and you are pious, this good must be shared first by parents, then by relatives. Why the children are left? Because at that time neither parents nor relatives were inheriting, just the children used to inherit.

[1] Sunan Ibn Majah, Book of wills, hadith No (2714)

[2] Sahih al-Bukhari, Book of Good manners, hadith No (5626)