The Holy Quran with Five Volume Commentary (Vol 1) — Page 290
CH. 2 AL-BAQARAH PT. 2 فَمَنْ بَدَّلَهُ بَعْدَ مَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى And he who alters it after. 182 he has heard it, the sin thereof الَّذِينَ يُبَدِّلُونَه اِنَّ اللهَ سَمِيعٌ عَلِيمٌ shall surely lie on those who alter it. Surely, Allah is All- Hearing, and All-Knowing. 188 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 290 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 Waṣāyā). 188. Commentary: If a person makes a will in compliance with the above commandment, but his heirs, finding it to be prejudicial to their interests, alter it or hinder its execution, the blame and the responsibility for consequences will lie on those who tamper with the will and not on the maker of the will. Apparently, the verse seems to be superfluous; for what it says is obvious, i. e. the responsibility of any subsequent alteration cannot lie on the testator. But deeper consideration would show the futility of such an idea. In fact, the verse serves three important purposes. Firstly, it warns the testator that fear of any subsequent alteration should not deter him from making the will. Secondly, that he should act intelligently and cautiously and should try to foresee and forestall all