of what your wives leave,” [al-Nisa’ 4:12] and He says: “And for each of his parents is one sixth,” [al-Nisa’ 4:11]—yet if the bequest, which is one fifth, is taken from the sixth, would it not become a sixth less one fifth?
The reply is that Allah Most High has made this clear, saying: “After any bequest they may have made or any debt,” and: “After any bequest you may have made or any debt,” and: “After any bequest they may have made or any debt,” and: “After any bequest made or any debt.” [al-Nisa’ 4:11–12] The verses are explicit that this division takes place after the bequest. Thus, when we return to the verse, “It is prescribed for you, when death approaches one of you and he leaves behind wealth, that he should make a bequest for parents and close relatives,” then His words, “It is prescribed,” mean: it is made obligatory. Setting aside this obligation requires clear proof.
Likewise, His words, “a duty,” mean: I establish this as a binding duty and affirm it decisively.
Likewise, His words, “upon the righteous,” mean: upon those possessing taqwa (fear of Allah and piety). This shows that making a bequest is part of taqwa, and acting contrary to taqwa is prohibited.
Therefore, the stronger view in this matter is that making a bequest for non-inheriting relatives is obligatory, because the verse is explicit. Abrogation is not something lightly claimed in the face of such clarity, particularly when it is possible to reconcile this verse with the inheritance verses. The reconciliation is that the inheritance verses explicitly state that distribution is to take place after a bequest. How, then, can we set aside these weighty descriptions—“It is prescribed,” “a duty,” and “upon the righteous”—when it is possible to act upon both the inheritance verses and this verse? Moreover, there is no evidence of abrogation.