Is leaving a bequest obligatory as this verse indicates? What about the fixed shares for parents etc. detailed elsewhere?
Answer
The view of the majority of the exegetes and jurists is that this verse is abrogated. According to this view, this verse was revealed early in the Madinan period obligating leaving behind a will bequeathing part of one’s wealth to his parents and nearest kin. However, this was later replaced by the fixed shares of inheritance spelled out in Surat al-Nisa’ (4:11-12).
This is made clear in an authentic hadith of the Prophet Muhammad (ﷺ), *“Indeed, Allah has given every rightful person his due right, so there is no bequest (wasiyyah) for an heir (warith).”* (Reported by al-Tirmidhi, al-Nasa’i, and Ibn Majah) In other words, no bequest can be made to those heirs whose shares have been fixed in the Quran.
The majority view is that it is recommended, though not obligatory, to bequeath something for those relatives who may be in need but are not entitled to a fixed share of the inheritance. Some scholars hold that this remains as an obligation for this category of relatives, as this verse was only abrogated with respect to parents and other named relatives.
Summary
According to the majority of scholars, the obligation to leave a bequest was abrogated by the verses spelling out the shares that each heir is entitled to from inheritance.
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