The Testament For Property

LESSON # 185 FROM HOLY QUR’AN

BAQARAH – 2 (The Cow)

The Testament For Property

Verse –180  of 286, Section – 22 (Part  - 2)

It is prescribed for you, when death approacheth one of you, if he leaves wealth, that he should bequeath unto parents and near relatives in kindness. (This is) a duty for all those ward off (evil).

Kutiba  ‘alaykum  ‘izaa  hazara ‘ahadakumul-mawtu  ‘in-  taraka  khay-ranil-wasiyyatu  lil-waalidayni  wal-‘aqrabiina  bil-ma’-ruuf.  Haqqan  ‘alal-Muttaqiin.

Lesson

Khay-ra – (Wealth) the meanings of this word are betterment, welfare and deliverance. It is also used for pure wealth in the Holy Qur’an.

‘Al-wasiyyatu – (Bequeath, testament, making a will) its literal meaning are ‘to order’ and ‘to request’. According to the Divines law it means ‘those instructions which are arranged to make (a will) by the person who is at the death’s door for his/her followers/heirs, which are completed after his/her death. The religious scholars have mentioned many kinds of ‘Testaments’:

1.   Some testaments are proper (Waajib) for example paying the poor-due, security safeguard (trust) or the will to return the loans which is extreme necessary and duty to be completed.

2.   Some wills are Mustahib, likewise to bequeath for any good work or to give something to any that relative who can not get any part of hereditary/inheritance according to the Laws of Will.

3.   Some are only Mubaah that is to say to bequeath for any legal issue.

4.  Some are those which are forbidden to be completed as per the commands of the Holy Qur’an as if any body bequeaths for any unlawful deed which is prohibited to be done.

5.   Some Wills are called Maw-quuf. It is necessary to regard some limitations for this type of Will to be accomplished, for instance if any person bequeaths for more than one third (1/3) part of his property. Its execution depends upon dismissal of the other heirs. Some questions have been mentioned in the coming next verses about the matters of bequeathing. If we keep them also in front then all the matters will be solved.

There were Islamic commands mentioned in the previous verses regarding murder. Now instructions about the property/wealth of the dead are being discussed. On another place in the Holy Qur’an the shares of all the heirs and the rightful have been fixed. So the testament will be examined in the light of those shares. However it may be bequeathed out of the third part of the property.

Bil-ma’-ruuf  - (According to usage) this word has already used earlier. ‘Urf is its matter, that is to say the known matter like this, usually that would be considered as righteousness and betterment. So its one translation may be ‘according to the customs’. Fixing its condition in the Will all those badness have been stopped which a bequeathed could do due to being biased or displeasure that he might give someone more than his right and the other’s right might be lost. 

Transliteration in Roman Script & English Translation of Holy Qur’an written by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazar, Lahore and Paraphrase collected from Dars e Qur’aan published By Idara Islah wa Tableegh, Lahore (translated by Muhammad Sharif) (http://hltsharif.blogspot.com) (muhammadsharif276@gmail.com)