Sunday, July 7, 2013

[2-200] Including Parents and Relatives in the Will was later abrogated

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 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).''

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