Continuation of the interpretation of the verse: ((After a bequest that he bequeaths or a debt...))

His saying, Exalted is He: with the passive construction, the bequest in its original sense is the covenant regarding an important matter, and technically it is the command to give away wealth, or rather it is the giving away of wealth after death. This is the bequest of giving away wealth after death, or the command to dispose of affairs after death. So it is either with wealth or with an action. If a man bequeaths to a person the care of his young children, is this a bequest of wealth or of an action? It is of an action. And if a person bequeaths one hundred dirhams to so-and-so, this is giving away wealth after death, and this is what is intended by this verse; the intent is the giving away of wealth after death. And His saying, Exalted is He: is absolute and not restricted, but the Sunnah indicated that it does not exceed one-third, due to the hadith of Sa'd ibn Abi Waqqas (may Allah be pleased with him) when the Prophet (peace and blessings be upon him) visited him in Makkah. Sa'd said to him: "I have wealth, meaning a lot of wealth, and the only one who will inherit from me is my daughter. Should I give away two-thirds of my wealth?" He said, "No." He said, "Then half?" He said, "No." He said, "Then one-third?" He said, "One-third, and one-third is a lot. It is better for you to leave your heirs wealthy than to leave them poor, begging from people." Ibn Abbas (may Allah be pleased with them both) said: because the Prophet (peace and blessings be upon him) said: and he did not permit the one-third except in the third inquiry from Sa'd (may Allah be pleased with him). It is mentioned that Abu Bakr al-Siddiq said, "I am satisfied with what Allah has chosen for Himself," so he bequeathed one-fifth, and the jurists relied on that, saying it should be a bequest of one-fifth. But the stinginess of people today has led them to know nothing of bequests except the one-third; it is very rare to see a person who bequeathed one-fifth of his wealth. It is incumbent upon students of knowledge to clarify to people, telling them that the bequest of one-third is a dispensation that came after inquiry, and that less than one-third is better than it. The Qur'an indicated that the bequest is not for an heir, and this is the second condition in a bequest. What is the first condition? That it does not exceed one-third. The second condition is that it is not for an heir. By way of indication, His saying: made the bequest independent of the inheritance. And the verse that follows this, when it mentioned... the inheritance, said: And there is no doubt that if one bequeaths to his mother one-fifth, and Allah has given her one-sixth, he has transgressed the limits of Allah. Allah prescribed for her one-sixth, and he added to that one-fifth, so he gave her, and her inheritance became more than one-sixth. This is a transgression of the limits of Allah. So we say that the bequest that precedes the inheritance is the lawful bequest that gathered two conditions: that it does not exceed one-third, and that it is not for an heir. And His saying: in the word is evidence that the bequest must be established. It must be established, and the bequeather must have bequeathed it with tranquility and knowledge. So if he bequeathed while in the throes of illness, and he was not aware of what he was saying, then the bequest is not considered and has no standing, because in reality he did not bequeath it. Likewise, if the bequest is not established by proof, it has no standing, except if the heirs admit it and are guided to it, for the right is theirs and they return to it. And His saying: the debt is everything that is established in the liability. So wages are a debt, a loan is a debt, the price of a sold item is a debt, the mahr on the husband is a debt, and the compensation for khul' on the wife is a debt, and... injuries are a debt. Everything that is established in the liability is a debt. So the debt is prioritized over the inheritance. So if the debt consumes the entire wealth, there is nothing for the heirs, because Allah said: And if it consumes half the wealth, the inheritance becomes half the wealth, because Allah said: Here we ask: Is the debt prioritized or the bequest? The answer is: the debt. The debt comes before the bequest, as Ali ibn Abi Talib (may Allah be pleased with him) said: and the meaning requires it, because the debt is from the category of the obligatory, and the bequest is from the category of giving, meaning that the debtor must pay the debt, and the bequeather's bequest is recommended, not obligatory. And it is known that the correct view requires prioritizing the obligatory. If someone asks: If that is the case, what is the wisdom of prioritizing the bequest over the debt? The answer to that is, first, the wisdom: the care for the bequest and the indication that a sensible person should not burden himself with debt. Second, the debt has someone to claim it, meaning if the heirs remained silent and divided the estate, would the creditor remain silent? No, he must claim it. But if the bequest is concealed and the one to whom it was bequeathed or the beneficiary does not know about it, there is no one to claim it. So it was prioritized so that the heirs would take care of it, not to prioritize it over the debt. The debt is prioritized, then the bequest, then the inheritance. So if a person dies leaving heirs, and he has a debt that consumes half his wealth, and he bequeathed one-third, the problem is from six: for the debt three, and for the bequest one-third, which is two, one. We did not know that one-third of six is one, yes, you did well. So we say that what is taken for the debt is like what is lost. And on this basis, the inherited estate is the remainder after the debt, three out of six. So we give the bequest recipient one-third of the remaining one-third, which is one, and two remain, which is the share of the heirs. Here we prioritized the debt over the bequest, correct? We made the text now about whom? About the bequest. If there were no debt, the bequest recipient would have taken two out of six. But now he only took one out of six because the debt is prioritized over the bequest. Complete? . Then He, Exalted is He, said after dividing the inheritance between the ancestors and descendants.