How to reconcile the saying of Allah the Exalted: "It is prescribed for you, when death approaches any of you, if he leaves behind good, to make a bequest to the parents and the near relatives," with the saying of the Prophet (peace and blessings be upon him)
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The questioner : The noble hadith contains the saying of the Messenger (peace and blessings be upon him): And in Surat al-Baqarah, Allah the Exalted said: [Al-Baqarah 2:180] We ask for success in this matter to clarify the interpretation of the hadith and the verse, and to reconcile them?
The Shaykh : The hadith mentioned by the questioner serves as an explanation of the verses regarding inheritance shares. When Allah (Glorified and Exalted is He) mentioned the shares, He said in the first verse:[An-Nisa 4:11], and in the second verse: [An-Nisa 4:13-14] This indicates that anyone who is among the heirs is not permitted to receive a bequest from the deceased, because if he bequeaths to him, he has given him more than what Allah has assigned to him, and this is transgressing the limits.
As for the verse in Surat al-Baqarah, the saying of Allah the Exalted:[Al-Baqarah 2:180] excludes from it anyone who is an heir. If someone is an heir, no bequest is made for him. It is possible for a parent to be a non-heir if there is a difference in religion between him and his child, in which case there is no inheritance between them. If a barrier to inheritance occurs, the parent becomes eligible for a bequest. As for the near relatives, we say the same: if any of them is an heir, there is no bequest for him; if he is not an heir, a bequest is made for him. Thus, the verse in al-Baqarah is specified by the verse of inheritance.
The questioner : Yes, may Allah bless you.
There is no bequest for an heir
لا وصية لوارثPrescribed 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
كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِنْ تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالأَقْرَبِينَThe Shaykh : The hadith mentioned by the questioner serves as an explanation of the verses regarding inheritance shares. When Allah (Glorified and Exalted is He) mentioned the shares, He said in the first verse:
Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.
آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا(13) These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment. (14) And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.
تِلْكَ حُدُودُ اللَّهِ وَمَنْ يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الْفَوْزُ الْعَظِيمُ * وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُهِينٌAs for the verse in Surat al-Baqarah, the saying of Allah the Exalted:
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
كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِنْ تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالأَقْرَبِينَThe questioner : Yes, may Allah bless you.