الۡوَصِیَّۃُ
Appears 1 times in Quran
Occurrences in Quran
Found 1 verses containing "الۡوَصِیَّۃُ".
کُتِبَ عَلَیۡکُمۡ اِذَا حَضَرَ اَحَدَکُمُ الۡمَوۡتُ اِنۡ تَرَکَ خَیۡرَۨا الۡوَصِیَّۃُ لِلۡوٰلِدَیۡنِ وَالۡاَقۡرَبِیۡنَ بِالۡمَعۡرُوۡفِ ۖ حَقًّا عَلَی الۡمُتَّقِیۡنَ
4:12, 13, 177; 5:107.
4:12,13经文注定了对所有应该继承死者产业的那些人的分配份额。这些经文被有些注经家误解为废止本节经文的, 实际上本节经文对遗产继承权制订了一条附加而且十分必要的规定, 这种遗产仅指有利于在法律上不该分得遗嘱的遗产的人, 或是出于慈善目的, 或由于战争状况的遗产。它不指有利于合法继承者的遗产, 关于那种遗产在4:12,13中业已述及。因此本节经文为制定遗赠规章的几节经文所废止的问题是不应发生的, 而且那几节经文也承认任何遗产的合法性。是以每一节经文都在自己的范围内起其一定的作用而且相辅相成。所以这样所规定的遗产, 根据萨德•彬•阿比•瓦卡斯 (سَعْد بِنْ اَبِیْ وَقَاص, Sa‘d bin Abi Waqqas) 的见解, 像穆圣在讲话中所提到的那样, 不应超过所留产业的三分之一 (Bukhari, Kitabul-Jana’iz); 这是立遗嘱者可以行使自由支配的处理权的最高限制, 不过这种遗产继承权只有那留下像خَيْر (Khair, 许多财富) 这词所表示的大笔财产者
才能使用。根据经文5:107, 一个将死的穆斯林可以规定遗产。一般的看法, 这节经文是在4:12, 13之后下降的; 这进一步支持了这个看法, 事实上, 本节没有被4:12, 13所代替。一切经文废止的说法是没有根据的。
خَیْر کے معنے مطلق مال کے بھی ہوتے ہیں اور بہت سے مال کے بھی۔ اس جگہ آیت کے سیاق و سباق سے ظاہر ہوتا ہے کہ مالِ کثیر مراد ہے۔
یہاں والدین اور اقربین کو وصیت کرنا کہا ہے حالانکہ اولاد قلبی تعلقات کے لحاظ سے نہایت اہم ہے اس سے معلوم ہوتا ہے کہ یہ مال کی تقسیم کی وصیت نہیں ورنہ اولاد کا ذکر ضرور ہوتا۔ بلکہ وصیت سے مراد عام تاکید ہے کہ احکامِ الٰہیہ کے مطابق جائیداد تقسیم کی جائے۔ اور اگر مال کا کوئی حصہ صدقہ کرنا ہو تو اس کا اظہار کردے۔ اس آیت پر بہت بحث ہوئی ہے۔ اکثر مفسرین اسے منسوخ قرار دیتے ہیں کیونکہ اس میں وصیت واجب لکھی ہے اور احکام وراثت کے نزول کے بعد رشتہ داروں کے نام وصیت جائز نہیں۔ اور جنہوں نے جائز قرار دی ہے ان کے نزدیک بھی واجب نہیں‘ مگر یہ غلطی اس وجہ سے لگی ہے کہ وصیت کے معنے
4:12, 13, 177; 5:107.
Verses 4:12, 13 fix the shares of all those persons who should succeed to a deceased person’s property. These verses have been mistakenly understood by some Commentators to abrogate the verse under comment, which, in fact, lays down an additional and very necessary provision, and refers only to bequests made in favour of individuals not legally entitled to a share in the testator’s property, or for charitable purposes, or for war conditions. It does not refer to bequests made in favour of legal heirs which subject has been dealt with in 4:12, 13. There is no question, therefore, of the abrogation of this verse by those verses which lay down the rules of inheritance and also recognise the validity of any bequests that may have been made. Each operates in its own sphere and draws strength from the other. The bequests thus made, however, should not exceed one third of the property left as is mentioned in a saying of the Holy Prophet related by Sa‘d bin Abi Waqqas (Bukhari, Kitabul-Jana’iz); thi
4:12, 13, 177; 5:107.
Important Words:
خیر (much wealth) means: (1) good as opposed to evil; (2) wealth acquired or collected by fair and praiseworthy means; (3) much wealth or abundance of wealth; (4) a thing that all desire; (5) welfare and good fortune (Mufradat); (6) the existence of a thing in abundance and perfection; (7) horses, etc. (Aqrab).
حقا (obligation) is derived from حق and has been used in the verse in the accusative case, having something understood before it, the complete expression being حق ذالك حقا (Kashshaf). الحق means: (1) equity or justice; (2) right mode of acting; (3) an obligation or a duty; (4) a debt or anything that is owed; (5) a thing suitable to the requirements of justice, truth, duty, etc. (Lane). See also 2:148.
Commentary:
As disputes about inheritance are a fruitful source of quarrels, murders, etc., the Quran here suitably turns from the subject of retaliation to that of inheritance.
The word used here for "wealth" is خیر and not مال which is the ordinary word used in this sense. خیر means, "wealth acquired by fair and praiseworthy means". Thus by substituting the word خیر for مال, the Quran has also emphasized the necessity of being very circumspect in the acquisition of wealth which should be acquired only by fair and lawful means. Incidentally, therefore, it has been hinted that it is not lawful for a Muslim to make a will with regard to property that has been acquired by unlawful means; for such wealth does not really belong to him.
In 4:12, 13 the Quran fixes the shares of all those persons who should succeed to a deceased person’s property, according to the Islamic law of inheritance, and these in the first instance include parents, children, and wife or husband. In the presence of this law, the injunction given in the verse under comment would, at first sight, appear to be uncalled-for and unnecessary. As a matter of fact, those who believe in the abrogation theory, have actually declared this verse to be abrogated by the ones referred to above. But they are clearly mistaken; for the verse under comment makes an additional and necessary provision in regard to inheritance. Not seldom there come forward claimants who allege that a deceased person had bequeathed such and such portion of his property to them, and even witnesses are not wanting to support their claims. The rightful heirs, not knowing anything about it, naturally suspect the claim. The result is quarrel and litigation. Every Muslim is, therefore, enjoined to make a proper bequest at the time of his death that his property be divided among his heirs, i.e. parents, children, wives, etc., according to the Law of Islam, stating therein also the portion of any other individual who is not legally entitled to inherit from him but to whom he may wish to bequeath some of his wealth. Such a declaration made with the knowledge of his heirs and relatives is calculated to put a stop to much litigation. Such a provision is all the more essential in cases when the property or wealth is considerable.
The verse also throws out a hint that a Muslim should, before his death, bequeath a part of his property, not exceeding one-third, to such of his relations as have been debarred by Law from inheriting from him, for instance, distant but deserving relations, non-Muslim parents, non-Muslim children and so on. In such a case the remaining two-thirds will go to his lawful heirs. As to the restriction relating to one-third, it may be noted that the Holy Prophet has made it clear that no testator can bequeath more than one-third of his wealth to others than the lawful heirs. At least two-thirds of the property must go to the heirs (Bukhari).
Islam excludes non-Muslim relatives from the category of heirs to avoid complications. For instance, the near relatives of a deceased person might belong to a people who are at war with the Muslims or in open hostility toward them. In that case, to put money into their hands would be to damage the cause of Islam and injure one’s own interests. Non-Muslim relatives have, therefore, been excluded from lawful heirs so that they may not claim their part of the inheritance as of right. The Quran, however, instructs Muslims to leave to them a part of their property by a special will, so that, in case such property is not likely to be used against the interests of Islam, the former may in this way discharge the obligations they owe to the latter as kinsmen. Another reason for excluding non-Muslim relatives from the category of heirs is that generally non-Muslims do not in practice allow their Muslim relatives to succeed them as heirs. There is no sense, therefore, in allowing Muslim wealth to flow to non-Muslims where no such flow takes place the other way.
The verse serves yet another purpose. According to the Law of Islam, as generally accepted, the grandchild of a deceased Muslim is debarred from inheritance in case the former’s father has predeceased the latter. The Quran, therefore, directs that a portion of the property may be left by a special will by a dying Muslim for such of his relatives as are otherwise rightful heirs but cannot inherit owing to some of their near kinsmen having predeceased them.
The verse must not be understood to lend itself to the interpretation that the heirs whose portions have been definitely fixed by the Law, can be given more than their prescribed share. This is expressly forbidden by the Holy Prophet (Tirmidhi, ch. on Wasaya).
b
4:12, 13, 177; 5:107.
115
4:12,13经文注定了对所有应该继承死者产业的那些人的分配份额。这些经文被有些注经家误解为废止本节经文的, 实际上本节经文对遗产继承权制订了一条附加而且十分必要的规定, 这种遗产仅指有利于在法律上不该分得遗嘱的遗产的人, 或是出于慈善目的, 或由于战争状况的遗产。它不指有利于合法继承者的遗产, 关于那种遗产在4:12,13中业已述及。因此本节经文为制定遗赠规章的几节经文所废止的问题是不应发生的, 而且那几节经文也承认任何遗产的合法性。是以每一节经文都在自己的范围内起其一定的作用而且相辅相成。所以这样所规定的遗产, 根据萨德•彬•阿比•瓦卡斯 (سَعْد بِنْ اَبِیْ وَقَاص, Sa‘d bin Abi Waqqas) 的见解, 像穆圣在讲话中所提到的那样, 不应超过所留产业的三分之一 (Bukhari, Kitabul-Jana’iz); 这是立遗嘱者可以行使自由支配的处理权的最高限制, 不过这种遗产继承权只有那留下像خَيْر (Khair, 许多财富) 这词所表示的大笔财产者
才能使用。根据经文5:107, 一个将死的穆斯林可以规定遗产。一般的看法, 这节经文是在4:12, 13之后下降的; 这进一步支持了这个看法, 事实上, 本节没有被4:12, 13所代替。一切经文废止的说法是没有根据的。
2
خَیْر کے معنے مطلق مال کے بھی ہوتے ہیں اور بہت سے مال کے بھی۔ اس جگہ آیت کے سیاق و سباق سے ظاہر ہوتا ہے کہ مالِ کثیر مراد ہے۔
3
یہاں والدین اور اقربین کو وصیت کرنا کہا ہے حالانکہ اولاد قلبی تعلقات کے لحاظ سے نہایت اہم ہے اس سے معلوم ہوتا ہے کہ یہ مال کی تقسیم کی وصیت نہیں ورنہ اولاد کا ذکر ضرور ہوتا۔ بلکہ وصیت سے مراد عام تاکید ہے کہ احکامِ الٰہیہ کے مطابق جائیداد تقسیم کی جائے۔ اور اگر مال کا کوئی حصہ صدقہ کرنا ہو تو اس کا اظہار کردے۔ اس آیت پر بہت بحث ہوئی ہے۔ اکثر مفسرین اسے منسوخ قرار دیتے ہیں کیونکہ اس میں وصیت واجب لکھی ہے اور احکام وراثت کے نزول کے بعد رشتہ داروں کے نام وصیت جائز نہیں۔ اور جنہوں نے جائز قرار دی ہے ان کے نزدیک بھی واجب نہیں‘ مگر یہ غلطی اس وجہ سے لگی ہے کہ وصیت کے معنے
a
4:12, 13, 177; 5:107.
187
Important Words:
خیر (much wealth) means: (1) good as opposed to evil; (2) wealth acquired or collected by fair and praiseworthy means; (3) much wealth or abundance of wealth; (4) a thing that all desire; (5) welfare and good fortune (Mufradat); (6) the existence of a thing in abundance and perfection; (7) horses, etc. (Aqrab).
حقا (obligation) is derived from حق and has been used in the verse in the accusative case, having something understood before it, the complete expression being حق ذالك حقا (Kashshaf). الحق means: (1) equity or justice; (2) right mode of acting; (3) an obligation or a duty; (4) a debt or anything that is owed; (5) a thing suitable to the requirements of justice, truth, duty, etc. (Lane). See also 2:148.
Commentary:
As disputes about inheritance are a fruitful source of quarrels, murders, etc., the Quran here suitably turns from the subject of retaliation to that of inheritance.
The word used here for "wealth" is خیر and not مال which is the ordinary word used in this sense. خیر means, "wealth acquired by fair and praiseworthy means". Thus by substituting the word خیر for مال, the Quran has also emphasized the necessity of being very circumspect in the acquisition of wealth which should be acquired only by fair and lawful means. Incidentally, therefore, it has been hinted that it is not lawful for a Muslim to make a will with regard to property that has been acquired by unlawful means; for such wealth does not really belong to him.
In 4:12, 13 the Quran fixes the shares of all those persons who should succeed to a deceased person’s property, according to the Islamic law of inheritance, and these in the first instance include parents, children, and wife or husband. In the presence of this law, the injunction given in the verse under comment would, at first sight, appear to be uncalled-for and unnecessary. As a matter of fact, those who believe in the abrogation theory, have actually declared this verse to be abrogated by the ones referred to above. But they are clearly mistaken; for the verse under comment makes an additional and necessary provision in regard to inheritance. Not seldom there come forward claimants who allege that a deceased person had bequeathed such and such portion of his property to them, and even witnesses are not wanting to support their claims. The rightful heirs, not knowing anything about it, naturally suspect the claim. The result is quarrel and litigation. Every Muslim is, therefore, enjoined to make a proper bequest at the time of his death that his property be divided among his heirs, i.e. parents, children, wives, etc., according to the Law of Islam, stating therein also the portion of any other individual who is not legally entitled to inherit from him but to whom he may wish to bequeath some of his wealth. Such a declaration made with the knowledge of his heirs and relatives is calculated to put a stop to much litigation. Such a provision is all the more essential in cases when the property or wealth is considerable.
The verse also throws out a hint that a Muslim should, before his death, bequeath a part of his property, not exceeding one-third, to such of his relations as have been debarred by Law from inheriting from him, for instance, distant but deserving relations, non-Muslim parents, non-Muslim children and so on. In such a case the remaining two-thirds will go to his lawful heirs. As to the restriction relating to one-third, it may be noted that the Holy Prophet has made it clear that no testator can bequeath more than one-third of his wealth to others than the lawful heirs. At least two-thirds of the property must go to the heirs (Bukhari).
Islam excludes non-Muslim relatives from the category of heirs to avoid complications. For instance, the near relatives of a deceased person might belong to a people who are at war with the Muslims or in open hostility toward them. In that case, to put money into their hands would be to damage the cause of Islam and injure one’s own interests. Non-Muslim relatives have, therefore, been excluded from lawful heirs so that they may not claim their part of the inheritance as of right. The Quran, however, instructs Muslims to leave to them a part of their property by a special will, so that, in case such property is not likely to be used against the interests of Islam, the former may in this way discharge the obligations they owe to the latter as kinsmen. Another reason for excluding non-Muslim relatives from the category of heirs is that generally non-Muslims do not in practice allow their Muslim relatives to succeed them as heirs. There is no sense, therefore, in allowing Muslim wealth to flow to non-Muslims where no such flow takes place the other way.
The verse serves yet another purpose. According to the Law of Islam, as generally accepted, the grandchild of a deceased Muslim is debarred from inheritance in case the former’s father has predeceased the latter. The Quran, therefore, directs that a portion of the property may be left by a special will by a dying Muslim for such of his relatives as are otherwise rightful heirs but cannot inherit owing to some of their near kinsmen having predeceased them.
The verse must not be understood to lend itself to the interpretation that the heirs whose portions have been definitely fixed by the Law, can be given more than their prescribed share. This is expressly forbidden by the Holy Prophet (Tirmidhi, ch. on Wasaya).
a
4:12, 13, 177; 5:107.
205
Verses 4:12, 13 fix the shares of all those persons who should succeed to a deceased person’s property. These verses have been mistakenly understood by some Commentators to abrogate the verse under comment, which, in fact, lays down an additional and very necessary provision, and refers only to bequests made in favour of individuals not legally entitled to a share in the testator’s property, or for charitable purposes, or for war conditions. It does not refer to bequests made in favour of legal heirs which subject has been dealt with in 4:12, 13. There is no question, therefore, of the abrogation of this verse by those verses which lay down the rules of inheritance and also recognise the validity of any bequests that may have been made. Each operates in its own sphere and draws strength from the other. The bequests thus made, however, should not exceed one third of the property left as is mentioned in a saying of the Holy Prophet related by Sa‘d bin Abi Waqqas (Bukhari, Kitabul-Jana’iz); thi