Surah al-Baqarah (The Cow) 2 : 180
Translations
Pickthall
Yusuf Ali
Qur'an Dictionary
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| (2:180:1) kutiba Prescribed |
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| (2:180:2) |
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| (2:180:3) idhā when |
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| (2:180:4) ḥaḍara approaches |
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| (2:180:5) aḥadakumu any of you |
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| (2:180:6) l-mawtu [the] death |
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| (2:180:8) taraka he leaves |
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| (2:180:9) khayran good |
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| (2:180:10) l-waṣiyatu (making) the will |
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| (2:180:11) lil'wālidayni for the parents |
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| (2:180:12) wal-aqrabīna and the near relatives |
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| (2:180:13) bil-maʿrūfi with due fairness |
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| (2:180:14) ḥaqqan a duty |
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| (2:180:15) |
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| (2:180:16) l-mutaqīna the righteous ones |
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Explanatory Note
The next piece of legislation introduced in the sūrah relates to personal wills. Before the revelation of the verses in Sūrah 5 specifying the exact share of inheritance due to each heir, it was an incumbent duty on Muslims to make a will in favour of parents and other near of kin. The Arabic term khayr, translated here as “property”, also means “good” and “goodness”, and some commentators interpret it to denote wealth generally.
Scholars differ, however, as to the minimum amount of wealth for which drawing up a will becomes obligatory. The majority view is that this is decided by convention. Assets ranging in value between sixty and a thousand dīnārs have been mentioned, but surely this must differ from one generation to another and from one society to another.
The Qur’ānic verses, 4: 11, 12 and 176, specifying shares for the distribution of inheritance were revealed at a later date than those under discussion here. Those verses make parents legally entitled to specific shares of their departed children’s wealth. Hence, no bequest by will may be made to them. The Prophet established the rule that no will may be made in favour of an heir. As for other relatives the present rule holds in general terms, except for relatives who are named as heirs in the relevant verses on inheritance in Sūrah 4. All other non-inheriting relatives may be included in a will. This is the view of a number of the Prophet’s Companions and their successors, to which we subscribe.
The provision of including non-inheriting relatives in one’s will is extremely perceptive because it benefits, in particular, those relatives who are not assigned a share or entitled to any inheritance. Providing for them through a will strengthens family ties and promotes the welfare of the family.
In this way equitable distribution of wealth is guaranteed: heirs are not wronged, and other relatives are not ignored. A will should be made combining moderation, kindness and benevolence. As an additional measure, the Prophet specified that a maximum of one-third, and preferably a quarter, of the inheritance may be bequeathed by will. This ensures that the rights of natural heirs are not unfavourably affected by the will. These legal measures are reinforced, as is the case with all social legislation in Islam, by a positive fear and consciousness of God Almighty.
3. Surah Overview
The scholars are unanimous that Surah al-Baqarah is Madani and that it was the first Surah revealed in Madinah. [Ibn Hajar al-Asqalani in Fath al-Bari no. 160/8].
Despite it being the first Surah to be revealed in Madinah, it contains Ayaat from a later period also. In fact, according to Ibn Abbas [as mentioned in Ibn Kathir] the last Ayat revealed to the Prophet was Ayat no. 281 from Surah al-Baqarah and this occurred 8 days or so before his death [which corresponds to the year 11 Hijri].
In order to understand the meaning of this Surah, we should know its historical background:
1. At Makkah, the Quran generally addressed the polytheist Quraysh who were ignorant of Islam, but at Madinah it was also concerned with the Jews who were acquainted with the creed of Monotheism, Prophethood, Revelation, the Hereafter and Angels. They also professed to believe in the law which was revealed by God to their Prophet Moses, and in principle, their way was the same (Islam) that was being taught by Prophet Muhammad. But they had strayed away from it during the centuries of degeneration and had adopted many un-Islamic creeds, rites and customs of which there was no mention and for which there was no sanction in the Torah. Not only this: they had tampered with the Torah by inserting their own explanations and interpretations into its text. They had distorted even that part of the Word of God which had remained intact in their Scriptures and taken out of it the real spirit of true religion and were now clinging to a lifeless frame of rituals. Consequently their beliefs, their morals and their conduct had gone to the lowest depths of degeneration. The pity is that they were not only satisfied with their condition but loved to cling to it. Besides this, they had no intention or inclination to accept any kind of reform. So they became bitter enemies of those who came to teach them the Right Way and did their utmost to defeat every such effort. Though they were originally Muslims, they had swerved from the real Islam and made innovations and alterations in it and had fallen victims to hair splitting and sectarianism. They had forgotten and forsaken God and begun to serve material wealth. So much so that they had even given up their original name “Muslim” and adopted the name “Jew” instead, and made religion the sole monopoly of the children of Israel. This was their religious condition when the Prophet went to Madinah and invited the Jews to the true religion. That is why more than one third of this Surah has been addressed to the children of Israel. A critical review of their history, their moral degeneration and their religious perversions has been made. Side by side with this, the high standard of morality and the fundamental principles of the pure religion have been put forward in order to bring out clearly the nature of the degeneration of the community of a prophet when it goes astray and to draw clear lines of demarcation between real piety and formalism, and the essentials and non-essentials of the true religion.
2. At Makkah, Islam was mainly concerned with the propagation of its fundamental principles and the moral training of its followers. But after the migration of the Prophet to Madinah, where Muslims had come to settle from all over Arabia and where a tiny Islamic State had been set up with the help of the ‘local supporters’ (Ansar), naturally the Quran had to turn its attention to the social, cultural, economic, political and legal problems as well. This accounts for the difference between the themes of the Surahs revealed at Makkah and those at Madinah. Accordingly about half of this Surah deals with those principles and regulations which are essential for the integration and solidarity of a community and for the solution of its problems.
After the migration to Madinah, the struggle between Islam and disbelief (Kufr) had also entered a new phase. Before this the Believers, who propagated Islam among their own clans and tribes, had to face its opponents at their own risk. But the conditions had changed at Madinah, where Muslims from all parts of Arabia had come and settled as one community, and had established an independent city state. Here it became a struggle for the survival of the Community itself, for the whole of non-Muslim Arabia was bent upon and united in crushing it totally. Hence the following instructions, upon which depended not only its success but its very survival, were revealed in this Surah:
a. The Community should work with the utmost zeal to propagate its ideology and win over to its side the greatest possible number of people.
b. It should so expose its opponents as to leave no room for doubt in the mind of any sensible person that they were adhering to an absolutely wrong position.
c. It should infuse in its members (the majority of whom were homeless and indigent and surrounded on all sides by enemies) that courage and fortitude which is so indispensable to their very existence in the adverse circumstances in which they were struggling and to prepare them to face these boldly.
d. It should also keep them ready and prepared to meet any armed menace, which might come from any side to suppress and crush their ideology, and to oppose it tooth and nail without minding the overwhelming numerical strength and the material resources of its enemies.
e. It should also create in them that courage which is needed for the eradication of evil ways and for the establishment of the Islamic Way instead. That is why God has revealed in this Surah such instructions as may help achieve all the above mentioned objects.
At the time of the revelation of Al-Baqarah, all sorts of hypocrites had begun to appear. God has, therefore, briefly pointed out their characteristics here. Afterwards when their evil characteristics and mischievous deeds became manifest, God sent detailed instructions about them. [REF: Mawdudi]
10. Wiki Forum
11. Tafsir Zone
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Overview (Verses 180 - 182) Life Preservation through Retribution
The law of just retribution promotes life in a wider and more comprehensive sense. Murder is an aggression on life and a criminal act against humanity as a whole. In preventing a single murder from being committed, the law upholds the inviolability of life as an absolute value. This is a far higher goal than saving the life of an individual or a group of people. It is a goal that enshrines life.
More importantly, the verse urges believers to reflect deeply on this matter and discover the wisdom behind the code, in order “that you may remain God-fearing”.
This is the real deterrent that can prevent murder being committed in the first instance, and stop vendettas being pursued endlessly. Without this measure of deterrence, no law can be successfully upheld and crime can never he effectively rooted out. Laws and regulations that lack such sensitivity, or do not evoke in people the fear and respect of an authority higher and more powerful than the human one, are inadequate and ineffective.
This explains the remarkably small number of cases in which capital punishment was carried out during the Prophet Muĥammad’s era and that of his early successors. In most of those cases, conviction was based on confessions voluntarily made by the offenders themselves. Fear and consciousness of God, taqwā, were evident in the public conscience which, together with enlightened and wise legislation, served as a most effective deterrent. Legal codes and regulations were supplemented by religious discipline, education and exhortation to produce a balanced and virtuous society, with clear concepts of responsibility and justice.
The renowned contemporary scholar, Abū al-Ĥasan `Alī Nadwī puts it thus:
If anyone ever succumbed to beastly urges and fell into error, even though unobserved, he would make a confession there of straightaway before the Prophet and undergo the severest punishment willingly to save himself from Divine Displeasure.
Scholars differ, however, as to the minimum amount of wealth for which drawing up a will becomes obligatory. The majority view is that this is decided by convention. Assets ranging in value between sixty and a thousand dīnārs have been mentioned, but surely this must differ from one generation to another and from one society to another.
The Qur’ānic verses, 4: 11, 12 and 176, specifying shares for the distribution of inheritance were revealed at a later date than those under discussion here. Those verses make parents legally entitled to specific shares of their departed children’s wealth. Hence, no bequest by will may be made to them. The Prophet established the rule that no will may be made in favour of an heir. As for other relatives the present rule holds in general terms, except for relatives who are named as heirs in the relevant verses on inheritance in Sūrah 4. All other non-inheriting relatives may be included in a will. This is the view of a number of the Prophet’s Companions and their successors, to which we subscribe.
The provision of including non-inheriting relatives in one’s will is extremely perceptive because it benefits, in particular, those relatives who are not assigned a share or entitled to any inheritance. Providing for them through a will strengthens family ties and promotes the welfare of the family.
In this way equitable distribution of wealth is guaranteed: heirs are not wronged, and other relatives are not ignored. A will should be made combining moderation, kindness and benevolence. As an additional measure, the Prophet specified that a maximum of one-third, and preferably a quarter, of the inheritance may be bequeathed by will. This ensures that the rights of natural heirs are not unfavourably affected by the will. These legal measures are reinforced, as is the case with all social legislation in Islam, by a positive fear and consciousness of God Almighty.
Anyone having knowledge of the contents of a will who, after the death of the testator, gives himself the right to alter any of its details will be guilty of grave misconduct. The deceased would bear no blame for such unauthorized alteration. “If anyone alters a will after having come to know it, the sin of acting thus shall fall only on those who have altered it. God hears all and knows all.” (Verse 181) God will be the witness to the deceased’s innocence as well as to the guilt of those who tamper with the will, and He will deal with each of them accordingly. There is, however, one exceptional situation in which an executor may amend the contents of a will. This arises when the executor realizes that the will favours some beneficiaries at the expense of others or that it prejudices one or more of the heirs. “If, however, one fears that the testator has committed a mistake or a wrong, and brings about a settlement between the parties concerned, he will incur no sin thereby. God is indeed much- Forgiving, Merciful.” (Verse 182) Here again, the action is closely linked to how conscientious and God-fearing the people involved are. This quality, as we saw earlier in our discussion of just retribution, is the basis of the Islamic concepts of justice and honesty, and of public responsibility in an Islamic society. |
Ibn Kathir (English)
Sayyid Qutb
Sha'rawi
Al Jalalain
Mawdudi
الطبري - جامع البيان
ابن كثير - تفسير القرآن العظيم
القرطبي - الجامع لأحكام
البغوي - معالم التنزيل
ابن أبي حاتم الرازي - تفسير القرآن
ابن عاشور - التحرير والتنوير
ابن القيم - تفسير ابن قيّم
السيوطي - الدر المنثور
الشنقيطي - أضواء البيان
ابن الجوزي - زاد المسير
الآلوسي - روح المعاني
ابن عطية - المحرر الوجيز
الرازي - مفاتيح الغيب
أبو السعود - إرشاد العقل السليم
الزمخشري - الكشاف
البقاعي - نظم الدرر
الهداية إلى بلوغ النهاية — مكي ابن أبي طالب
القاسمي - محاسن التأويل
الماوردي - النكت والعيون
السعدي - تيسير الكريم الرحمن
عبد الرحمن الثعالبي - الجواهر الحسان
السمرقندي - بحر العلوم
أبو إسحاق الثعلبي - الكشف والبيان
الشوكاني - فتح القدير
النيسابوري - التفسير البسيط
أبو حيان - البحر المحيط
البيضاوي - أنوار التنزيل
النسفي - مدارك التنزيل
ابن جُزَيّ - التسهيل لعلوم التنزيل
علي الواحدي النيسابوري - الوجيز
السيوطي - تفسير الجلالين
المختصر في التفسير — مركز تفسير
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Overview (Verses 180 - 182) Life Preservation through Retribution
The law of just retribution promotes life in a wider and more comprehensive sense. Murder is an aggression on life and a criminal act against humanity as a whole. In preventing a single murder from being committed, the law upholds the inviolability of life as an absolute value. This is a far higher goal than saving the life of an individual or a group of people. It is a goal that enshrines life.
More importantly, the verse urges believers to reflect deeply on this matter and discover the wisdom behind the code, in order “that you may remain God-fearing”.
This is the real deterrent that can prevent murder being committed in the first instance, and stop vendettas being pursued endlessly. Without this measure of deterrence, no law can be successfully upheld and crime can never he effectively rooted out. Laws and regulations that lack such sensitivity, or do not evoke in people the fear and respect of an authority higher and more powerful than the human one, are inadequate and ineffective.
This explains the remarkably small number of cases in which capital punishment was carried out during the Prophet Muĥammad’s era and that of his early successors. In most of those cases, conviction was based on confessions voluntarily made by the offenders themselves. Fear and consciousness of God, taqwā, were evident in the public conscience which, together with enlightened and wise legislation, served as a most effective deterrent. Legal codes and regulations were supplemented by religious discipline, education and exhortation to produce a balanced and virtuous society, with clear concepts of responsibility and justice.
The renowned contemporary scholar, Abū al-Ĥasan `Alī Nadwī puts it thus:
If anyone ever succumbed to beastly urges and fell into error, even though unobserved, he would make a confession there of straightaway before the Prophet and undergo the severest punishment willingly to save himself from Divine Displeasure.
Scholars differ, however, as to the minimum amount of wealth for which drawing up a will becomes obligatory. The majority view is that this is decided by convention. Assets ranging in value between sixty and a thousand dīnārs have been mentioned, but surely this must differ from one generation to another and from one society to another.
The Qur’ānic verses, 4: 11, 12 and 176, specifying shares for the distribution of inheritance were revealed at a later date than those under discussion here. Those verses make parents legally entitled to specific shares of their departed children’s wealth. Hence, no bequest by will may be made to them. The Prophet established the rule that no will may be made in favour of an heir. As for other relatives the present rule holds in general terms, except for relatives who are named as heirs in the relevant verses on inheritance in Sūrah 4. All other non-inheriting relatives may be included in a will. This is the view of a number of the Prophet’s Companions and their successors, to which we subscribe.
The provision of including non-inheriting relatives in one’s will is extremely perceptive because it benefits, in particular, those relatives who are not assigned a share or entitled to any inheritance. Providing for them through a will strengthens family ties and promotes the welfare of the family.
In this way equitable distribution of wealth is guaranteed: heirs are not wronged, and other relatives are not ignored. A will should be made combining moderation, kindness and benevolence. As an additional measure, the Prophet specified that a maximum of one-third, and preferably a quarter, of the inheritance may be bequeathed by will. This ensures that the rights of natural heirs are not unfavourably affected by the will. These legal measures are reinforced, as is the case with all social legislation in Islam, by a positive fear and consciousness of God Almighty.
Anyone having knowledge of the contents of a will who, after the death of the testator, gives himself the right to alter any of its details will be guilty of grave misconduct. The deceased would bear no blame for such unauthorized alteration. “If anyone alters a will after having come to know it, the sin of acting thus shall fall only on those who have altered it. God hears all and knows all.” (Verse 181) God will be the witness to the deceased’s innocence as well as to the guilt of those who tamper with the will, and He will deal with each of them accordingly. There is, however, one exceptional situation in which an executor may amend the contents of a will. This arises when the executor realizes that the will favours some beneficiaries at the expense of others or that it prejudices one or more of the heirs. “If, however, one fears that the testator has committed a mistake or a wrong, and brings about a settlement between the parties concerned, he will incur no sin thereby. God is indeed much- Forgiving, Merciful.” (Verse 182) Here again, the action is closely linked to how conscientious and God-fearing the people involved are. This quality, as we saw earlier in our discussion of just retribution, is the basis of the Islamic concepts of justice and honesty, and of public responsibility in an Islamic society. |
