Surah Baqarah ayat 180 Tafsir Quran 2:180

﴿كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ﴾
[ البقرة: 180]

2:180 Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous.

Prescribed made obligatory for you when any of you is approached by death that is by its causes and leaves behind some good material possessions is to make testament al-wasiyyatu is in the nominative because of kutiba and is semantically connected to the particle idhā ‘when’ if the latter is adverbial; but if this latter is conditional then it al-wasiyyatu indicates the response; the response to the conditional particle in ‘if’ is in other words implied to be fa’l-yūsi ‘let him make testament’; in favour of his parents and kinsmen honourably that is justly not giving more than the allotted share of a third nor preferring the richer person — an obligation haqqan here emphasises the import of what has preceded on those that fear God this verse has been abrogated by the ‘inheritance’ verse āyat al-mīrāth see Q. 411 and by the hadīth ‘Do not make testament for one already inheriting’ as reported by al-Tirmidhī.

A prescriptive rule is decreed when you feel death approaching and he possesses useful, exchangeable valuables he shall leave behind, then he shall bequeath part of it equitably to the parents and next of kin. This is an obligation for those who are dutiful and revere Allah

Including Parents and Relatives in the Will was later abrogated This Ayah contains the command to include parents and relatives in the will, which was obligatory, according to the most correct view, before the Ayah about inheritance was revealed.
When the Ayah of inheritance was revealed, this Ayah was abrogated, so fixed shares of the inheritance for deserving recipients were legislated by Allah.
Therefore, deserving inheritors take their fixed inheritance without the need to be included in the will or to be reminded of the favor of the inherited person.
For this reason we see the Hadith narrated in the Sunan and other books that `Amr bin Kharijah said: I heard Allah's Messenger ﷺ saying in a speech:
«إِنَّ اللهَ قَدْ أَعْطَى كُلَّ ذِي حَقَ حَقَّهُ، فَلَا وَصِيَّــةَ لِوَارِث»
( Allah has given each heir his fixed share.
So there is no will for a deserving heir. ) Imam Ahmad recorded that Muhammad bin Sirin said: Ibn `Abbas recited Surat Al-Baqarah ( chapter 2 in the Qur'an ) until he reached the Ayah: إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَلِدَيْنِ وَالاٌّقْرَبِينَ ( ...if he leaves wealth, that he makes a bequest to parents and next of kin. ) He then said, "This Ayah was abrogated." This was recorded by Sa`id bin Mansur and Al-Hakim in his Mustadrak Al-Hakim Said, "It is Sahih according to their criteria ( Al-Bukhari and Muslim )".
Ibn Abu Hatim reported that Ibn `Abbas said that Allah's statement: الْوَصِيَّةُ لِلْوَلِدَيْنِ وَالاٌّقْرَبِينَ ( a bequest to parents and next of kin ) was abrogated by the Ayah: لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ وَلِلنِّسَآءِ نَصِيبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيباً مَّفْرُوضاً ( There is a share for men and a share for women from what is left by parents and those nearest related, whether the property be small or large ـ a legal share. ) ( 4:7 ) Ibn Abu Hatim then said, "It was reported from Ibn `Umar, Abu Musa, Sa`id bin Musayyib, Al-Hasan, Mujahid, `Ata' Sa`id bin Jubayr, Muhammad bin Sirin, `Ikrimah, Zayd bin Aslam and Ar-Rabi` bin Anas.
Qatadah, As-Suddi, Muqatil bin Hayyan, Tawus, Ibrahim An-Nakha`i, Shurayh, Ad-Dahhak and Az-Zuhri said that this Ayah ( 2:180 above ) was abrogated by the Ayah about the inheritors ( 4:7 )." The Will for the Relatives that do not qualify as Inheritors It is recommended that the remaining relatives who do not have a designated fixed share of the inheritance, be willed up to a third, due to the general meaning of the Ayah about the will.
It is recorded in the Sahihayn that Ibn `Umar said that Allah's Messenger ﷺ said:
«مَا حَقُّ امْرِىءٍ مُسْلِمٍ لَهُ شَيْءٌ يُوصِي فِيه يَبِيتُ لَيْلَتَيْنِ إلَّا وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَه»
( It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him. ) Ibn `Umar commented, "Ever since I heard this statement from Allah's Messenger ﷺ , no night has passed, but my will is kept ready with me." There are many other Ayat and Ahadith ordering kindness and generosity to one's relatives. The Will should observe Justice The will should be fair, in that one designates a part of the inheritance to his relatives without committing injustice against his qualified inheritors and without extravagance or stinginess.
It is recorded in the Sahihayn that Sa`d bin Abu Waqqas said, "O Allah's Messenger ﷺ! I have some money and only a daughter inherits from me, should I will all my remaining property ( to others )" He said, "No." Sa`d said, "Then may I will half of it" He said, "No." Sa`d said, "One-third" He said, "Yes, one-third, yet even one-third is too much.
It is better for you to leave your inheritors wealthy than to leave them poor, begging from others." Al-Bukhari mentioned in his Sahih that Ibn `Abbas said, "I recommend that people reduce the proportion of what they bequeath by will to a fourth ( of the whole legacy ) rather than a third, for Allah's Messenger ﷺ said:
«الثُّلُثُ وَالثُّلُثُ كَثِير»
( One-third, yet even one-third is too much. )" Allah's statement: فَمَن بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَآ إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ ( Then whoever changes it after hearing it, the sin shall be on those who make the change.
Truly, Allah is All-Hearer, All-Knower. ) means, whoever changed the will and testament or altered it by addition or deletion, including hiding the will as is obvious, then فَإِنَّمَآ إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ ( the sin shall be on those who make the change.
) Ibn `Abbas and others said, "The dead person's reward will be preserved for him by Allah, while the sin is acquired by those who change the will." إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ ( Truly, Allah is All-Hearer, All-Knower. ) means, Allah knows what the dead person has bequeathed and what the beneficiaries ( or others ) have changed in the will. Allah's statement: فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا ( But he who fears from a testator some unjust act or wrongdoing, ) Ibn `Abbas, Abu Al-`Aliyah, Mujahid, Ad-Dahhak, Ar-Rabi` bin Anas and As-Suddi said, "Error." These errors include such cases as when the inheritor indirectly acquires more than his fair share, such as by being allocated that a certain item mentioned in the legacy be sold to him.
Or, the testator might include his daughter's son in the legacy to increase his daughter's share in the inheritance, and so forth.
Such errors might occur out of the kindness of the heart without thinking about the consequences of these actions, or by sinful intention.
In such cases, the executive of the will and testament is allowed to correct the errors and to replace the unjust items in the will with a better solution, so that both the Islamic law and what the dead person had wished for are respected and observed.
This act would not constitute an alteration in the will and this is why Allah mentioned it specifically, so that it is excluded from the prohibition ( that prohibits altering the will and testament ) mentioned in the previous Ayah.
And Allah knows best. `Abdur-Razzaq reported that Abu Hurayrah said that Allah's Messenger ﷺ said:
«إِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الْخَيْرِ سَبْعِينَ سَنَةً، فَإِذَا أَوْصَى حَافَ فِي وَصِيَّتِهِ، فَيُخْتَمُ لَه بِشَرِّ عَمَلِهِ، فَيَدْخُلُ النَّارَ.
وَإِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الشَّرِّ سَبْعِينَ سَنَةً، فَيَعْدِلُ فِي وَصِيَّتِهِ، فَيُخْتَمُ لَهُ بِخَيْرِ عَمَلِهِ، فَيَدْخُلُ الْجَنَّــة»
( A man might perform the works of righteous people for seventy years, but when he dictates his will, he commits injustice and thus his works end with the worst of his deeds and he enters the Fire.
A man might perform the works of evil people for seventy years, but then dictates a just will and thus ends with the best of his deeds and then enters Paradise. ) Abu Hurayrah then said, "Read if you wish: تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا ( These are the limits ordained by Allah, so do not transgress them. )" ( 2:229 )

(2:180) It has been prescribed for you that when death approaches one of you and he is leaving some property behind him, he should bequeath it equitably for his parents and relatives : it is an obligation on those who fear AIIah. *182

Prescribed for you when death approaches [any] meaning

*182).
This injunction relates to a period of time when no rules had been laid down for the distribution of inheritance.
Thus everyone was required to make testamentary disposal of their property so as to ensure that no disputes arose in the family and no legitimate claimant to inheritance was deprived of his due share.
Later when God revealed a set of laws regarding the distribution of inheritance ( see Qur'an 4: 11 ff. ), the Prophet elucidated further the laws relating to testamentary disposition and inheritance by expounding two rules.

First, that no person can make any will regarding his estate in favour of any of his legal heirs.
Their portions were laid down in the Qur'an and neither increase nor decrease in this was permissible, nor could any heir be disinherited, nor anything willed in favour of any heir over and above his legal portion.
( See the Tradition: 'There may be no will in favour of the heir.' See Abu Da'ud, 'Al-Wasaya', 6; Tirmidhi, 'Al-Wasaya', 5; Nasa'i, 'Al-Wasaya', 5; Ibn Majah, 'Al-Wasaya', 5 - Ed. )
Second, that testamentary disposition might be made to the extent of one third of the estate, but no more.
( See Bukhari, 'Al-Wasaya', 2 and 3; Muslim, 'Al-Wasiyah', 5-10; Abu Da'ud, 'Al-Wasaya', 2 - Ed. )
The purpose underlying these explanatory directives of the Prophet seems to be that at least two-thirds of the estate should be left aside to be distributed among the legal heirs according to the Qur'anic rules, and that a will could be made in respect of the whole or part of the remaining one-third.
This could be made in favour of either relatives, whether close or distant, who are not legal heirs, or others not related by the blood-tie but who are deserving of assistance.
Likewise, a will could be made in favour of charitable causes which are found worthy of support.

In later times people began to regard this directive regarding testamentary disposal as a recommendation only.
The result was that this rule fell largely into disuse.
It is significant, however, that the Qur'an mentions it as 'an obligation on the God-fearing'.
Were Muslims to make this injunction an operative institution no trace would remain of the problems which agitate their minds respecting the Islamic law of inheritance , for example grandchildren whose parents had predeceased their paternal or maternal grandparents and who, under Islamic law, were not entitled to inherit from their grandparents.
( The author suggests that re-activating the Qur'anic directive on testamentary disposal is the answer to this and similar problems - Ed. )
 

Including Parents and Relatives in the Will was later abrogated This Ayah contains the command to include parents and relatives in the will, which was obligatory, according to the most correct view, before the Ayah about inheritance was revealed.
When the Ayah of inheritance was revealed, this Ayah was abrogated, so fixed shares of the inheritance for deserving recipients were legislated by Allah.
Therefore, deserving inheritors take their fixed inheritance without the need to be included in the will or to be reminded of the favor of the inherited person.
For this reason we see the Hadith narrated in the Sunan and other books that `Amr bin Kharijah said: I heard Allah's Messenger ﷺ saying in a speech: «إِنَّ اللهَ قَدْ أَعْطَى كُلَّ ذِي حَقَ حَقَّهُ، فَلَا وَصِيَّــةَ لِوَارِث» ( Allah has given each heir his fixed share.
So there is no will for a deserving heir. ) Imam Ahmad recorded that Muhammad bin Sirin said: Ibn `Abbas recited Surat Al-Baqarah ( chapter 2 in the Qur'an ) until he reached the Ayah: إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَلِدَيْنِ وَالاٌّقْرَبِينَ ( ...if he leaves wealth, that he makes a bequest to parents and next of kin. ) He then said, "This Ayah was abrogated." This was recorded by Sa`id bin Mansur and Al-Hakim in his Mustadrak Al-Hakim Said, "It is Sahih according to their criteria ( Al-Bukhari and Muslim )".
Ibn Abu Hatim reported that Ibn `Abbas said that Allah's statement: الْوَصِيَّةُ لِلْوَلِدَيْنِ وَالاٌّقْرَبِينَ ( a bequest to parents and next of kin ) was abrogated by the Ayah: لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ وَلِلنِّسَآءِ نَصِيبٌ مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيباً مَّفْرُوضاً ( There is a share for men and a share for women from what is left by parents and those nearest related, whether the property be small or large ـ a legal share. ) ( 4:7 ) Ibn Abu Hatim then said, "It was reported from Ibn `Umar, Abu Musa, Sa`id bin Musayyib, Al-Hasan, Mujahid, `Ata' Sa`id bin Jubayr, Muhammad bin Sirin, `Ikrimah, Zayd bin Aslam and Ar-Rabi` bin Anas.
Qatadah, As-Suddi, Muqatil bin Hayyan, Tawus, Ibrahim An-Nakha`i, Shurayh, Ad-Dahhak and Az-Zuhri said that this Ayah ( 2:180 above ) was abrogated by the Ayah about the inheritors ( 4:7 )." The Will for the Relatives that do not qualify as Inheritors It is recommended that the remaining relatives who do not have a designated fixed share of the inheritance, be willed up to a third, due to the general meaning of the Ayah about the will.
It is recorded in the Sahihayn that Ibn `Umar said that Allah's Messenger ﷺ said: «مَا حَقُّ امْرِىءٍ مُسْلِمٍ لَهُ شَيْءٌ يُوصِي فِيه يَبِيتُ لَيْلَتَيْنِ إلَّا وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَه» ( It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him. ) Ibn `Umar commented, "Ever since I heard this statement from Allah's Messenger ﷺ , no night has passed, but my will is kept ready with me." There are many other Ayat and Ahadith ordering kindness and generosity to one's relatives. The Will should observe Justice The will should be fair, in that one designates a part of the inheritance to his relatives without committing injustice against his qualified inheritors and without extravagance or stinginess.
It is recorded in the Sahihayn that Sa`d bin Abu Waqqas said, "O Allah's Messenger ﷺ! I have some money and only a daughter inherits from me, should I will all my remaining property ( to others )" He said, "No." Sa`d said, "Then may I will half of it" He said, "No." Sa`d said, "One-third" He said, "Yes, one-third, yet even one-third is too much.
It is better for you to leave your inheritors wealthy than to leave them poor, begging from others." Al-Bukhari mentioned in his Sahih that Ibn `Abbas said, "I recommend that people reduce the proportion of what they bequeath by will to a fourth ( of the whole legacy ) rather than a third, for Allah's Messenger ﷺ said: «الثُّلُثُ وَالثُّلُثُ كَثِير» ( One-third, yet even one-third is too much. )" Allah's statement: فَمَن بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَآ إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ ( Then whoever changes it after hearing it, the sin shall be on those who make the change.
Truly, Allah is All-Hearer, All-Knower. ) means, whoever changed the will and testament or altered it by addition or deletion, including hiding the will as is obvious, then فَإِنَّمَآ إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ ( the sin shall be on those who make the change.
) Ibn `Abbas and others said, "The dead person's reward will be preserved for him by Allah, while the sin is acquired by those who change the will." إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ ( Truly, Allah is All-Hearer, All-Knower. ) means, Allah knows what the dead person has bequeathed and what the beneficiaries ( or others ) have changed in the will. Allah's statement: فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا ( But he who fears from a testator some unjust act or wrongdoing, ) Ibn `Abbas, Abu Al-`Aliyah, Mujahid, Ad-Dahhak, Ar-Rabi` bin Anas and As-Suddi said, "Error." These errors include such cases as when the inheritor indirectly acquires more than his fair share, such as by being allocated that a certain item mentioned in the legacy be sold to him.
Or, the testator might include his daughter's son in the legacy to increase his daughter's share in the inheritance, and so forth.
Such errors might occur out of the kindness of the heart without thinking about the consequences of these actions, or by sinful intention.
In such cases, the executive of the will and testament is allowed to correct the errors and to replace the unjust items in the will with a better solution, so that both the Islamic law and what the dead person had wished for are respected and observed.
This act would not constitute an alteration in the will and this is why Allah mentioned it specifically, so that it is excluded from the prohibition ( that prohibits altering the will and testament ) mentioned in the previous Ayah.
And Allah knows best. `Abdur-Razzaq reported that Abu Hurayrah said that Allah's Messenger ﷺ said: «إِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الْخَيْرِ سَبْعِينَ سَنَةً، فَإِذَا أَوْصَى حَافَ فِي وَصِيَّتِهِ، فَيُخْتَمُ لَه بِشَرِّ عَمَلِهِ، فَيَدْخُلُ النَّارَ.
وَإِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الشَّرِّ سَبْعِينَ سَنَةً، فَيَعْدِلُ فِي وَصِيَّتِهِ، فَيُخْتَمُ لَهُ بِخَيْرِ عَمَلِهِ، فَيَدْخُلُ الْجَنَّــة» ( A man might perform the works of righteous people for seventy years, but when he dictates his will, he commits injustice and thus his works end with the worst of his deeds and he enters the Fire.
A man might perform the works of evil people for seventy years, but then dictates a just will and thus ends with the best of his deeds and then enters Paradise. ) Abu Hurayrah then said, "Read if you wish: تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا ( These are the limits ordained by Allah, so do not transgress them. )" ( 2:229 )

( It is prescribed for you, when death approacheth one of you, if he leave wealth, that he bequeath unto parents and near relatives ) kinsfolk ( in kindness ) more so and even better to the parents. ( A duty for all those who ward off (evil )) those who ascribe no partners to Allah; but this verse is abrogated by that on inheritance.

It is prescribed for you, when death approaches any of you, if he leaves wealth, that he make a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqun (the pious - see V. 2:2).

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