Qur'an Verse of the Day

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); this being the utmost limit to which the testator can exercise his discretion, and that only in case he leaves abundant wealth as the word Khair (much wealth) shows. Verse 5:107, according to which a dying Muslim could make a bequest and which was, by common consent, revealed after vv. 4:‌12, 13, further supports the view that the verse under comment is not abrogated by vv. 4:‌12, 13. In fact, the whole theory of abrogation has no foundation.