Al-Baqarah: (181) But whoever changes it after...

Know that when the Almighty mentioned the matter of the bequest (wasiyyah) and its obligation, and magnified its importance, He followed it up with what serves as a warning against altering it.

Regarding His saying, the Almighty: {But whoever changes it}, there are several issues concerning it:

There are two opinions:

1. The famous opinion: It refers to the executor (wasi), the witness, or other people.
   • As for the executor, it is by him changing the bequest, either in the writing or in the division of rights.
   • As for the witness, it is by him changing his testimony or concealing it.
   • As for others besides the executor and the witness, it is by them preventing that wealth from reaching its rightful recipient. All these fall under the saying of the Almighty: {But whoever changes it}.

2. The second opinion: The one forbidden from changing it is the testator himself. This means forbidding him from changing the bequest away from the directions God established through the bequest. This is because we have explained that in the pre-Islamic era (Jahiliyyah), they used to bequeath to strangers while leaving relatives in hunger and distress. So, God commanded them to bequeath to relatives, and then He warned them with His saying: {But whoever changes it after he has heard it}—meaning whoever turns away from this obligation.

The pronoun in {But whoever changes it} refers back to the bequest (wasiyyah), even though the mentioned pronoun is masculine, while wasiyyah is feminine. They mentioned several interpretations for this:

1. The wasiyyah is meant in the sense of the act of bequeathing (īṣā’), indicating it. Similar to His saying, the Almighty: {But whoever comes to him with admonition} (Al-Baqarah: 275), meaning advice. The implied meaning is: "So whoever changes what the deceased said, or what he bequeathed, or what was heard from him."
2. It is said that the pronoun refers back to the ruling (ḥukm) and the obligation (farḍ). The meaning is: "So whoever changes the matter previously mentioned."
3. The pronoun refers back to what the deceased bequeathed, which is why it is mentioned in the masculine, even though wasiyyah is feminine.
4. The pronoun refers to the meaning of the bequest, which is a statement or an action.
5. The femininity of wasiyyah is not essential/real, so it is permissible to refer to it with a masculine pronoun.

As for His saying: {after he has heard it}, this indicates that the sin is established or magnified only on the condition that the changer has knowledge of it, because the hearing would be meaningless if knowledge did not occur. Thus, establishing the hearing is like establishing the knowledge.

As for His saying: {then its sin is only upon those who change it}, know that the word {only} (innamā) is for restriction. The pronoun in {its sin} refers back to the changing. The meaning is: the sin of that changing returns only to the changer, and we have previously explained who the changer is.

Know that the scholars derived rulings from this verse:

1. A child is not punished for the disbelief of his father.
2. If a person instructs the heir to pay off his debt, and then the heir falls short in paying that debt, the deceased person is not punished due to the shortcoming of that heir, contrary to the view of some ignorant people.
3. The deceased is not punished because others weep for him. This is because this verse indicates that the sin of changing returns only to the changer. God does not hold anyone accountable for the sin of another. The indication of this verse is confirmed by His saying, the Almighty: {And no bearer of burdens will bear the burden of another} (Al-Baqarah: 164), {Whoever does righteousness, it is for his own soul; and whoever does evil, it is against it} (Al-Jathiyah: 15; Fussilat: 46), {To it belongs what it has earned, and upon it is what it has incurred} (Al-Baqarah: 286).

If someone bequeaths to strangers, while there are relatives whose need is severe, is it permissible for the executor to change the bequest?

Regarding those who hold that bequeathing to non-inheriting relatives is obligatory: They differed. Some said that bequeathing to relatives was obligatory upon him, so if he did not do so and directed the bequest to strangers, that stranger has a greater right to it. Others said that this should be revoked and returned to the relatives. We have already detailed the opinions of these scholars.

As for those who do not obligate a bequest to a non-inheriting relative: Whether this is up to one-third or more than one-third:

• If it is up to one-third, it is permissible, and it is not allowed to change it. They then differed on what is recommended (mustaḥabb):
  • Al-Hasan used to say that what is recommended is reducing it below one-third, because the Prophet, peace and blessings be upon him, said: "One-third, and one-third is much," thus encouraging reduction.
  • Others said that one-third is recommended because it is his right, and the reward therein is greater.
  • Others consider the condition of the deceased, the condition of the heirs, and the size of the estate—and this is the most appropriate view.

• As for if the bequest is for more than one-third, they differed:
  • Some said that this is not permissible except with the permission of the heirs and their seeking their consent.
  • Others said that the word of the heirs has no effect except after death. Then, if he bequeathed more than one-third, they differed:
    • Some said it is permissible if the heir approves it, and it counts as a gift from the deceased.
    • Others said it counts as an initial gift from the heir.

As for His saying: {Indeed, God is Hearing, Knowing}, it means that the Almighty hears the bequest as it is, and knows it according to its description, so no hidden change in it is concealed from Him. And God knows best.

| 182 | But whoever fears from the testator some deviation or sin and makes peace between them, there is no sin upon him. Indeed, God is Forgiving, Merciful. |