The remainder of the verse therefore stands as clear, binding law with respect to everyone except the heirs themselves. That is how the verse is to be understood, and this is precisely the interpretation given by Ibn ʿAbbās—may Allah be pleased with him—and adopted by many scholars: when a person possesses ample wealth, he is required to make a bequest, according to his means, for his relatives who do not inherit from him. As for an heir, no bequest may be made in his favor, for his legal share of the estate suffices.
Thus there are two situations in which a waṣiyyah is obligatory:
- When the deceased is indebted—that is, when he owes people any right or claim.
- When he leaves behind considerable wealth; in that case he must bequeath something to his non-heir relatives.
Second, the prohibited waṣiyyah: a bequest becomes unlawful if it is directed to any of the heirs. It is forbidden, for example, to single out one’s eldest son for a special gift, or to leave something to one’s wife apart from the other heirs. This remains prohibited even if the wife had served him devotedly during his life, obeyed him, and honored him, and he wished to reward her; he is not allowed to bequeath anything to her. The same applies if one of his children was exceptionally dutiful, served him, or looked after his wealth and he wanted to leave that child something extra—such a bequest is forbidden.
A related practice some people adopt is likewise impermissible: when a father has several children and has undertaken the marriage expenses of the eldest, he then bequeaths the younger ones a sum equal to what he spent on that wedding. This too is prohibited, for arranging a marriage is a need, like food and drink. Any child who requires marriage and whose father can afford it must be married off; but to give a child who does not yet need marriage an amount equal to what was spent on a sibling who did need it is not lawful.