to an heir,” there is no difficulty with this according to those who allow the Quran to be abrogated by the Sunnah. This is the account transmitted by Abū al-Faraj from Mālik. He relates in his book that Mālik said: “The obligation to make a bequest to parents was abrogated by the mass-transmitted saying of the Messenger of Allah, peace be upon him, ‘There is no bequest to an heir,’ while the obligation to make a bequest to close relatives was abrogated by the verse on inheritance.”

It has also been said that the obligation to make a bequest to parents was abrogated by His words:

“For his parents, a sixth for each of them.” [al-Nisā’: 11]

And that the obligation to make a bequest to close relatives was abrogated by His words:

“When relatives, orphans and the needy are present at the division, give them something from it and speak kindly to them.” [al-Nisā’: 8]

Thus, He encouraged giving to them and commended it without making it obligatory.

One group of scholars said that the obligation to make a bequest to parents was abrogated from the verse, while the obligation to make a bequest to close relatives who do not inherit remains in force, unabrogated. A man must therefore make a bequest to his relatives who do not inherit; if he fails to do so, he has sinned and committed wrongdoing. If he bequeaths one-third to people other than his relatives while he has relatives in need, then, according to some of these scholars, the deceased’s entire third is to be redirected to them; according to others, one-third of that third is to be redirected to them.

Another group said that the entire verse remains in force and none of it has been abrogated. Although its apparent wording encompasses both parents and close relatives who inherit and those who do not, it intends only those among them who do not inherit, to the exclusion of those who do. This is established by the verse on inheritance and the words of the Messenger of Allah, peace be upon him: “There is no bequest to an heir.” According to this view, the verse on inheritance and the Sunnah transmitted from the Prophet, peace be upon him, do not abrogate the verse on bequests; rather, they restrict its general scope and clarify its meaning.

Another group said that the verse remains in force concerning parents and close relatives who do not inherit, but not those who do. However, its intent is encouragement and recommendation, not obligation, as indicated by His words:

“A reasonable provision—a duty upon the righteous.” [al-Baqarah: 241]

This is because an obligation is not described as an act of kindness, and it applies equally to the righteous and the unrighteous.

Section

A bequest providing for emancipation or anything else is a promise. The testator may revoke it if he wishes, whether in good health or