The Holy Quran with Five Volume Commentary (Vol 1) — Page 289
PT. 2 AL-BAQARAH 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 and not which is the ordinary word used in this sense. ✗means, "wealth acquired by fair and praiseworthy means". Thus by substituting the word for J, 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, خير 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 289 CH. 2 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 (Bukhārī). Islam excludes non-Muslim