Al-Baqarah (2:182)

Commentary on the Verse

When Allah Almighty threatened those who alter a will, He clarified that the prohibited alteration is changing it from what is right to what is false. However, if one changes it from falsehood to truth by way of rectification, they have done well. This is what is meant by His saying: {But whoever fears from the testator some injustice or sin and makes peace between them}, because rectification necessitates a kind of alteration and change.

Allah Almighty distinguished this type of alteration from the first one by making the first one sinful and removing sin from the second, even though both involve alteration and change. This is so that one might not assume their rulings are the same in this matter.

Herein lie several issues:

Al-Ḥamzah, Al-Kisā’ī, and Abū Bakr (from ‘Āṣim) recited {موص} (mūṣin) with a shaddah (doubling the ṣād), while the rest recited it with a takhfīf (lightening). Both are valid linguistic forms: waṣṣā and awṣā, meaning the same thing (to bequeath).

Al-Janf means deviation in matters; its root is departing from straightness. It is said: janafa yanjifu (with a kasrah on the nūn in the past tense and a fatḥah in the future tense), resulting in janfan. Similarly, tajānufa. From this is His saying: {without inclining toward sin} (Al-Mā’idah: 3).

The difference between al-janf and al-ithm is that al-janf is error committed without conscious knowledge, whereas al-ithm is intentional wrongdoing.

There are two main opinions regarding His saying: {But whoever fears}:

Opinion 1: It means actual fear and apprehension.

Objection: Fear is only valid concerning an expected event, but the will has already been made; how can fear relate to it?

Answer (in several ways):

1. Anticipation of Manifestation: It means that when this peacemaker observes the testator making the will, signs of janf (deviation from the right path, perhaps due to ignorance or misinterpretation) appear, or if the testator intentionally gives more than deserved or less than deserved to the rightful heir. At the appearance of these signs, and before the will is finalized, the peacemaker intervenes to rectify it. Rectifying a matter when signs of its corruption appear, before its corruption is established, is easier. Therefore, Allah Almighty linked the ruling to fear rather than knowledge. It is as if the testator is saying, while the executor and witness are present for consultation: "I intend to will to distant relatives instead of close ones, or I intend to give so-and-so an excess when he is not deserving, or reduce the share of someone deserving." At that point, the listener becomes fearful of breaking an oath or committing a sin, but is not certain of it. Thus, Allah Almighty said {But whoever fears from a testator some injustice}, linking it to fear, which is conjecture (ẓann), not knowledge (‘ilm).

2. Possibility of Revocation: Even if the testator wills unjustly, it is possible that the testator will not persist in that will but will revoke it, or he might persist. Since the testator has the right to revoke and change the will (by increasing or decreasing) as long as he is not dead, the janf and ithm do not become certain or established facts. Therefore, Allah Almighty linked the ruling to fear.

3. Possibility of Reconciliation After Death: Even if the will stands and the testator dies, it is possible that reconciliation may occur among the heirs and beneficiaries regarding the deviation or error. Since this outcome is anticipated, the ruling of janf and ithm is not yet fully established and binding. Thus, it is appropriate for Allah Almighty to link it to fear and the removal of certainty.

The first explanation is considered the strongest.

Opinion 2: It means whoever knows.

Fear and apprehension are sometimes used idiomatically to mean knowledge. This is because fear is a specific state generated by a specific conjecture, and conjecture shares many similarities with knowledge. Therefore, it is permissible to use the name of one for the other.

Under this interpretation, the meaning of the verse is: If the deceased made an error or intentional injustice in their will, there is no blame on anyone who knows this fact to change it and return it to what is right after the testator's death. This is the view of Ibn ‘Abbās, Qatādah, and Al-Rabī‘.

We have established that janf is error and ithm is intentional sin. It is known that an error concerning the rights of others necessitates its nullification, just as an intentional sin does. Therefore, in this respect, there is no distinction between error and intent, which is why Allah Almighty treated both matters equally.

Regarding His saying: {and makes peace between them}

This involves several issues:

The apparent meaning is the executor (waṣī) who is necessary for the will. The witness may also be included. It could also refer to whoever takes charge after the testator's death—a ruler, guardian, or executor, or one who commands good. All these fall under {But whoever fears from a testator some injustice or sin} if signs of janf or ithm appear to them, or if they know about it. There is no reason to restrict this ruling, although the executor and witness are more deserving of this obligation because the will is established through them, making their connection to it stronger.

Someone might ask: The pronoun in {and makes peace between them} must refer back to a previously mentioned entity. What is that entity?

Answer: Undoubtedly, it refers to the parties involved in the bequests, because {from a testator} implies those who receive the bequest. Thus, it is as if they were mentioned, and it is appropriate for Allah Almighty to say: {and makes peace between them}, meaning: "and makes peace between the beneficiaries of the will."

Some scholars suggested it means making peace between the beneficiaries of the will and the heirs. This occurs if the testator wills more than one-third of the estate. The peacemaker reconciles between the beneficiaries and the heirs regarding this excess. This view is weak for several reasons:

1. The term testator (mūṣin) only implies the beneficiaries of the will, not the heirs.
2. Willing more than one-third does not fall under janf or ithm in the same way, because since it is only permissible with the consent of the heirs, mentioning it as a fault is like mentioning something inherently invalid. It does not require rectification to nullify it, as its invalidity is apparent.

This involves two discussions:

First Discussion: The manner of rectification before this verse was abrogated. We explained that the janf and ithm were either through excess, deficiency, or deviation. Rectification, therefore, involves removing these three things and returning every right to its rightful owner.

Second Discussion: The manner of rectification after this verse became abrogated. The janf and ithm here can occur in several ways:

1. If the sick person shows intent to prevent the money from reaching the heirs, either through a declaration or by entering into a contract, they must be prevented from this.
2. If the testator wills more than one-third.
3. If the testator wills to distant relatives while close relatives are in dire need.
4. If the testator wills extensively despite having little wealth and many dependents, and other similar situations.

Regarding His saying: {there is no sin upon him}

This involves two issues:

Someone might ask: This peacemaker has performed a great act of obedience in this rectification and deserves reward for it. How is it appropriate to say, "there is no sin upon him"?

Answer (in several ways):

1. Since Allah Almighty mentioned the sin of the one who alters the will at the beginning of the verse, this statement clarifies that this peacemaker, by contradicting the former, incurs no sin because they returned the will to justice.
2. Since the peacemaker reduces the bequests, which is difficult for the beneficiary and might lead others to suspect them of sin, Allah removed this doubt by saying: {there is no sin upon him}.
3. It clarifies that establishing the will and witnessing it does not necessitate adherence to it absolutely. If the will is changed toward justice, even if it contradicts the testator's will and diverts his wealth from whom he loved to whom he disliked, there is no sin upon the peacemaker, because this might suggest impropriety. Allah Almighty clarified that this is good by saying: {there is no sin upon him}.
4. Reconciliation among a group often requires extensive speech and action, and one might fear that some improper speech or action could slip in. Allah Almighty clarified that the peacemaker incurs no sin in this category if their intention in making peace is noble.

This verse indicates the permissibility of reconciliation between disputing parties if the one seeking reconciliation fears that the dispute will lead to something forbidden in the Sharia.

Regarding His saying: {Indeed, Allah is Forgiving and Merciful}

This also raises a question: This statement is appropriate for someone who has committed a forbidden act, but this rectification is an act of obedience. How is this statement fitting?

Answer (in several ways):

1. This is a case of alerting the lesser status to the higher status. It is as if He is saying: "I am the One who forgives sins, and then I show mercy to the sinner. It is even more fitting that I extend My mercy and reward to you, even though you have undertaken great hardship in rectifying this important matter."
2. It is possible that the intended meaning is that the testator who committed janf and ithm, if his will is rectified, Allah, being Forgiving and Merciful, will forgive him and favor him with His grace.
3. The peacemaker might need to use certain words or actions to achieve reconciliation that would otherwise be better left unsaid or undone. If Allah Almighty knows that their sole objective is rectification, He will not hold them accountable for those actions because He is Forgiving and Merciful.

Ruling Six