Taimiyyah Zubair – Taleem al Quran 2012 – P02 024E Tafsir Al-Baqarah 180-182
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The speakers discuss the importance of creating a will to ensure that deceased people are not lost and that their wealth is not lost. They stress the importance of avoiding giving too much money to charity and not overpaying for one's life. The speakers also discuss the importance of changing one's will and causing harm to others, as it is the duty of the community to do so. The conversation touches on the idea of distributing wealth in a fair way and the potential loss of good deeds if the will is not balanced properly.
AI: Summary ©
Could the ballet come? Could the ballet come it has been made obligatory on you, it has been prescribed for you either held or ahead of common mode when death approaches one of you, how about how Bhadra Hello, to be present. And we have done this word earlier as well either held on a Jacobian mode when death approached your Kubernetes center. So when death approaches one of you, meaning the signs of death are quite obvious, it's quite obvious that the person is going to die. Now, you know, what happens sometimes that a person is seriously ill, he is hospitalized for months, and the doctors say that the cancer has spread all over, there is no way that any treatment is going
to help this person. So you might as well go home, take all the equipment and go home and basically wait for death.
So it's obvious for that person that he's gonna die now. Right? Likewise, a person could be in a situation where, let's say, you know, under a building that has collapsed, and he knows that he has only a few moments to live, and there are other people who managed to escape, so he knows that he's not going to survive.
And several people experienced this, that they know that they're not going to live beyond a few moments, a few more days and sometimes Allah extends their life for them. So, they get a new life altogether and sometimes no, that person dies.
So, over here either Hello, I will note when death approaches one of you mean the signs of death are evident, the time of death is very near a person is in multiple mode than at that time, what is obligatory, what is mandatory, what is necessary, what should the dying person do that in Tharaka hyaluron if he left meaning if he is leaving behind siren, some wealth
Tharaka da rock F doc to leave something.
So if he is leaving behind Chiron higher higher ah what does it mean? What is hate me?
Good, right height is good. But the word clade is also used for wealth. It is also used for money. It is also used for property wealth.
Right? And in the English language, also we use the word goods, right goods, for what for stuff for things for wealth.
And when the word height is used for wealth, that it doesn't mean just a little bit of wealth, but it means a lot of wealth. It doesn't mean just a few dollars, but a couple 1000. Okay, a couple million. This is quite. This is why the Quran we learn that we're in the hula hoop bill, Heidi Lesha deed, that indeed, the human being is very intense, very strong in his love for a lot of wealth. That if the son of Adam, were given a valley of gold, what would he want another one, he doesn't just want a little bit of gold, a valley full of gold, a lot of gold, a lot of wealth.
So if the dying person is leaving behind, well, not just a little bit, but a significant amount, a significant amount. Then what is obligatory on him? What is katiba? What is written for him what is decreed for him that he has to make a I'll we'll see, yeah, he has to make a will, we'll see you from the letter as well. Solid. Yeah. And we have done this word earlier, as well, we'll see as to give an important instruction with a lot of emphasis, something that's very important to you, you instruct that you give that command, you emphasize it. And the word will SEE YA is also used for a will, a will a bequest meaning what a person instructs with regards to his wealth, at his death, or
before his death, that he says after I die, my wealth, this is what should be done with my house. This is what should be done with it.
All right. But remember that we'll see here is not just with regards to a person's property, we'll see it is also with regards to a person's family, a person's business, his work, his affairs, the things that he deals with. Likewise, we'll see it could also be with regards to one's family that the father is dying. And he says when I die, make sure that my daughter goes to this school and she studies over there,
save the money for her whatever money and make sure she studies in that school. He advises his son that make sure you get married to so and so. For example, the grandfather is dying. He's saying to his daughter in law, make sure you take care of my grandson for example.
Okay, so we'll see how it is with regards to property. It's with regards to a person's affairs. And it can also be with regards to his family.
All right, but over here in this IRA, we'll see as about what how you run wealth, the money, the property that he's leaving behind. So the person before he dies, he should make a will. So that people are not lost after his death. Okay, he left this huge amount of wealth, what do we do with it? What are we supposed to do with it? You know, sometimes it happens that a person dies, there is no will no testament that's present. And let's say the family, they take everything and share of it a portion of it could also go to extended family, but they don't give anything to them. They say, you know, the wife says, This is my husband's house, we used to live here, I'm going to continue
living over here. I know that technically, my husband's brother also has a share in it, but I'm not going to give anything to him because I'm living over here.
So a person should make a will. If he's leaving behind something that is significant, he should leave behind a will in whose favor in the favor of Lenoir Lindane for the two parents, while Krabi and the close relatives, well, he then who are they, the mother and the mother and father
and UCLA been plural of o'clock, close relatives, who does that include the closest relatives to you. So your immediate family, like for example, your spouse, your children, your siblings, it may also include your uncle's, your aunts, their children, it may also include your grandparents, your grandchildren, their spouses.
Okay, so Kobina, who, closest relatives,
closest relatives to a person.
So the dying person should make a will in the favor of the parents, and he should also make a will in the favor of the close relatives, and how should he make the will Ben Morrow move in a manner that is acceptable? Not that he says, give $10 to my son,
and the rest of it should be given in charity? No, that doesn't make any sense. If you're making a wish on the favor of someone you might give them you should give them something that is of some value.
Okay. So, build my roof in the manner that is appropriate what is recognized in the law. Now with regards to this if
this idea was revealed before the laws of inheritance were revealed, the actual laws of inheritance, they are mentioned in Surah Nisa, okay, the laws of Eros were they mentioned in surah, Nisa, and they were revealed after this ayah was revealed
in the laws of BRAF all the shares have been specified, that in the case where the wife is alive and their sons and their daughters, then such and such portion will go to the wife and such and such portion will go to the daughter and such and such portion will go to the son. All the shares have been specified in the Quran in the Sunnah. This is the reason why some scholars say that this verse is abrogated. It is abrogated remember NASA, okay, so this is no more applicable. This was a command that was given initially. And later on Allah subhanaw taala revealed the laws of inheritance. Every person was given his share.
And in the Hadith, we learn that in Allah haka, Otto couldn't * Hawk haka. Hoefler was three Yetta Lee where is that Allah has given each air his fixed share, so there is no wheel for deserving air. Okay.
But some scholars say that yes, this idea is abrogated in that sense. But it is also muscles, meaning it is also applicable in certain cases. Not in all cases, but in certain cases, this idea is still applicable, in which case, in the case where a person is leaving a significant amount of wealth higher on a lot of wealth.
Okay, meaning, let's say a person is a millionaire, a person has a lot of wealth, he has a lot of property. And let's say he has only one son, his wife already died, he doesn't have any other relatives, he has only one son. Now who gets to share, who gets all the wealth who inherits all of it, the sun will write, but if you think about it, if a person has wealth, Allah has given him wealth, then we know that many people deserve of it. It's not just his family. But like we learned earlier. We're at a man on a hook be there we'll call back well, he aterna Well, Messiah keen, we're going to Seville Wasa, Ilene will fill record
so then
So many other individuals in the society who deserved that you should give them some money as well.
Likewise, it could be that a person has a lot of wealth he's leaving behind. And he has only a few family members who deserve their shares from that wealth. Okay, they get their shares, but then there's still some that is left over. There are still some that is left over. So what do you do with that wealth? With regards to that the person should make a will that okay, when I die, give this much money to let's say, Sorrento, Masjid, or to so until school?
Okay, people leave behind their state for different reasons for different causes. He says, Okay, this money of mine should be given to, you know, this cause should be given to this orphanage should be given to this NGO, you know, who serve people should be given to this human rights activist should be given to this hospital should be used in the construction of this bridge, okay? Because he had a lot of leftover wealth, his heirs do get their shares, but still, there's extra, there is a lot. Likewise, in some cases, we see that, for example, if a person his children are his parents are non Muslim, they're not Muslim, legally, they don't have a share in the inheritance.
Okay, they don't have a share in the inheritance.
But then the person feels that after all, they are my parents, I would like to give something to them. Or he feels that the afterall they are my children, I would like to give something to them. That, okay, they don't have a share of 1/3. Half in the Sharia. However, that person may gift them something, he may say, okay, when I die, give these many $1,000 to my mother,
give these many $1,000 to my son, I know he's not Muslim, but this is my will see you. This is my will, you understand. But there are two conditions that we must remember that when a person is making a will, in this manner, there are two things that he must remember, if he cannot make a will, in the favor of the one who already has a share.
He cannot make a will in the favor of the one who already has a share.
So for example, his son
gets, let's say, half of the estate. So he says, give the other half to my son as well. Can he do that? Can he do that? No, he cannot, he cannot increase the share of his son, he cannot increase the share of his daughter, he cannot increase the share of his wife of his mother of his brother and sister know, if they have a particular share in the estate, that is all that they get not more than that. Because sometimes it happens that a person does not want that part of his property should be given to a particular relative because of whatever reason. And they make a will that when I die, give this property of mine to my son give this property of my to my wife, it's not permissible.
So A will will see you may not be made in the favor of who in the favor of who the one who already has a share. Secondly, that it should not be more than 1/3 of the entire property that he's leaving behind.
So for example, he says, okay, my children, my wife, my parents that are getting their shares, but they already have so much I want that half of my entire property should be given to a masjid. Can he do that?
No. Can he say, a third of my property may be given to the masjid. Can he do that? Yes, he can. But not more than 1/3
You understand, not more than 1/3. In at least we learned
that once one of the companions. His name was Saddam and Malik in the year have had to deal with the Prophet sallallahu Sallam visited him and Saddam and Maliki was extremely ill. And he felt that he was going to die. So he asked the Prophet salallahu Salam that I'm very ill, as you see, and I'm a rich man, and I have only one daughter, who is going to inherit everything of mine. I have no other relatives, only one daughter. And my daughter, you know, you can imagine a girl, she gets married, she has a family, she has a husband to take care of her. You know, she's not responsible to earn anything. So I have a lot of wealth. I could benefit others with that as well. So he asked, How much
could he give in charity? He asked can I give to third the prophets of Allah Saddam said no, don't give to third away. He asked me to give half the Prophet salallahu Salam against said no, you cannot give half of it in charity. Then he said May I give 1/3 At least than the buffets are a lot of them said yes, you may get 1/3 But even 1/3 is a lot. It's better to leave your
Children rich then to leave them poor reduced to begging from others and his or her the thin body.
So now you know the two conditions, what are they? They will see the will may not be made in the favor of someone who already has a share. And secondly, it must not exceed 1/3.
Okay, so these are the two conditions
anything that's unclear if
the two thirds has to be split up amongst the deserving heirs amongst the relatives, okay, whoever has a share in that property is going to be distributed amongst them
Okay, let's say a person doesn't have any children, no family, nothing alone single person, what do they do they have no relative nobody to inherit from them. Then in that case, the closest relative, the closest relative, okay, they got it. But let's say they don't even know they grew up let's say they were adopted by a family in another country and they have no idea who their close relatives are then in that case, of course, they can make the Wisteria
okay they can make the will so yet that my wealth may be given to so and so. And it happens people give a certain amount of their wealth to their friend to their foster family or to their close friends, whoever okay, they can do that, the community a cause they can do that. So you have the choice to do that.
So, well modeled in the manner that is approved.
And this Allah subhanaw taala says is how can I deal with the pain How can what is happening, right and over here it gives meaning of an obligation. Meaning this is something that is incumbent This is a duty on who those people who have Taqwa
if a person has taqwa, then he must, must make his will properly in a manner that is approved in the manner that is appropriate. sharing the wealth with others as well, not just leaving everything for his family, but also being concerned about the rest of the community, but not exceeding the limits, giving everybody their right. This is the duty of who those people who have Taqwa because if a person lives a very righteous life, but at the time of death, he makes an unfair will, then this could waste all of his good deeds. If at the time of death, he says, Don't give my daughter anything because I don't like her. She disobeyed me, she made someone I don't like I don't want any of my
property to go to her. And he says all of my wealth should go to so and so. This is not right. A person may have performed many Hajj, a person may have performed many ombre he may have fasted many months of Ramadan. But a hadith tells us that a man might perform the works of righteous people for 70 years. But when He dictates a will, he commits injustice, and thus his works and with the worst of his deeds, and he enters the hellfire. And a man might perform the works of evil people for 70 years. But then He dictates adjust will and thus ends with the best of his deeds, and then enters Paradise because of that.
So a person must be very careful what kind of Hosea he is making.
One more thing before we continue, is that this ayah tells us that when a person is leaving behind a significant amount of wealth, and he must make it we'll see him with regards to it, he must do that. And we learned that even remotely low on who he said the messenger of allah sallallahu Sallam he said, It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him. Meaning if you have something that you believe that people should know what to do with after you die, for example, you have a lot of wealth and you feel that people should know that a third of it or a little bit of it could be
given to you know in charity could be given to a friend of yours could be given to a distant relative of yours could be given to an orphan. Or for example, you have a matter that you're dealing with. If you die, it's possible that people are completely lost, they don't know what to do about it.
So such things you must have them written down.
Because death can come at any time. Death can come at any time. Sometimes it happens that for instance, parents they have a certain amount of wealth, they have some property, they have money sitting in their accounts, or they have a business and the children have no idea in whose name it is where it is Who has rights over it. They have no clue. The wife has no clue. And if the husband dies, the father dies suddenly the family is lost. That what's happening, they don't know what to do.
So it doesn't mean that you tell for example, you don't trust your young children that if you tell them okay, this is how you access the bank account. This is how you access this. The next thing you know everything is gone. Because they took it you know have a legal
document written in the presence of a lawyer, have it notarized. Leave it with the lawyer so that after your death, the children, the family, they know what to do.
We know about so many people who die sudden deaths. And as a parent, as a family member, you are responsible for your children. So for example, you have little children, you must know that if you die, who's going to take care of them? Who will be responsible for them? Who's tarbiyah Do you think they should take under whose guidance should they be raised up.
So have these matters, decided and recorded, because death can come at any time.
And even a lot of the lower and who said that ever since I heard the statement from the Messenger of Allah, no night has passed, but my will is kept ready with me. I have my will ready with me. Many times people remember their will when they're traveling when they're going for Hajj. But even before that, we should have these matters written from before.
From him half a min Musen. Now let's say a person makes a will. And he was unfair in that he was biased in that. Let's say he said all of my property should go to my son, because he doesn't want that any part of his property should go to his parents or his brothers or his nephews. So he says everything of mine should go to my son or because his son was disobedient. He says all of my wealth should be given to so and so zoo in the city to take care of all the animals. Okay, for what about his son? It's not fair. People do such things.
So for them, but then who birthed them as a miracle that whoever changes it after he heard it, but then uh, you bet diluted deal by the lamb? What does the deal mean? The deal is to change to alter something. So whoever changes who meaning the will vadoma After that, Samira who he heard it, some or seen me Marine, he heard the will, the dying person said, When I die, give 1/3 of my wealth to so and so organization. But the person who was standing over there, he changes it. He says no, no, he said, give only 1/8 of it. Give only 1/10 of it, he changed it. You understand? He changed it bother my Sameera who,
for intimate than indeed not but it's smooth. It's sin is on who Allah Latina on those people who you but DeLuna, who they change it, those people who change the will, then they are guilty, then they are sinful. Not the person who died because he made a just will he made a fair will. So he's not sinful.
Those people will change the will who altered it, they will be sinful.
So if a person wants to get something out of, you know the dying person, and he was the only one present at the time of his death, and he says later on to his family, that he said that you can take such and such property of mine, then he's changing it. He's making something on his own accord. So that sin will be on who? On who on the one who changed the will not the person who made the just will in Allah Samira and are them indeed Allah is Hearing and he is knowing meaning, you are the only person present over there. And you can pretend in front of others that something was said whereas it was not said or something different was said. But who knows. Allah knows who heard Allah
heard. So you can hide from people but you cannot hide from Allah. And you can get away with some wealth in this world. But can you get away with it in the hereafter? No, you can't. Allah will hold you responsible. But let's say the person who was making the Will he made an unfair will. He made an unfair will to begin with. The first exception is what we just learned was that the will was fair, but people changed it. But let's say the will was unfair to begin with. Now, are you supposed to change it?
Let's say the dying person said give all of my wealth to the zoo. deprive my children. Is that fair? It's not fair.
So for now, ha for whoever feared mooseland from the Musen Musen. One who does once a year while Sadia just as more men, one who has a man more slim one who does once a year.
So whoever fears from the Musulin, what is the fear from him, Jonathan? Oh, if man, Jonathan from the letters gene known for jennife is to incline from one side to the other. It's the opposite of Hannover, Hannover Hanif What does Hanif mean? to incline from faults.
Due to truth and then become firm on it, Jennifer is the opposite of that. It is to incline from truth to falsehood.
To go from right to wrong. jennife is to be biased, to be unfair.
So, the people standing over there when the person was dying, they realize that this will is biased,
that the children are being deprived of the right of one child is being given more compared to the others. That's not fair. It is a biased will, oh, if money or sin mean that person is committing sin, how that he makes a will in favor of someone who already has a share. Okay, the difference between Jonathan ism is a jennife could be without even realizing. But isn't this is deliberate jennife He didn't know any better. Or just because he really liked somebody, he says give everything of mine to them. And he doesn't realize that he is depriving his children off the share.
So Jennifer is by mistake, and isn't is deliberate. But in either case, people are being deprived of their rights. So the witness the people over there, what do they do? Those who have been made responsible to execute the will afterwards? What do they do for us law by now? Um, so he makes reform between them between who between the heirs and the one who is making the was Leah.
In other words, that he fixes the will see at the will in a way that everybody gets their shares? The will that the dying person made is altered.
Why to establish justice?
So, are the people doing something wrong then? Are they doing something wrong? No, Allah says fella Ismar Lee, then there is no sin on him. Because in the love of fool Rahim Indeed, Allah is Forgiving and Merciful.
That if somebody in whose favor you made a Will they die before you die, so what happens, then the will will be altered, obviously, because they've gone, okay. And if they deserve something, it will be given to them, and then it will be divided amongst their heirs, okay, amongst their relatives. So anyway, we see here that there were three here technically may not be altered, it may not be altered. If people alter it, then they will be sinful. But there's one case in which the will may be altered, in which case where the will was unfair, it was biased. And it was people were being deprived of their rights, then in that case, the will may be altered. And those who change the will
those who altered they're not guilty, they're not doing anything wrong, because indeed, Allah is Forgiving and Merciful. And like I mentioned to you earlier, we'll see is not just about wealth, it's not just about property, it's also with regards to other things.
So for example, a father, he has a business and he loves his son, he wants his son to take over the business, but he knows, everybody knows that if that son takes over the business, then that's it, other relatives are not going to get anything, he's going to keep everything to himself.
So should they let that go through? No, they should not. They should change it. Right? Likewise, if, let's say the grandfather said that my granddaughter should marry her cousin.
Okay, before he dies, he said that my granddaughter has to marry her cousin.
But when she grows up, she's like, No, I don't want to marry him. And the people are like, No, this is what your grandfather said. Now you have to it was his was Leah, you have to, but she's I know where I can't marry him. I don't like that guy. So, should you be forced into it? No, because it is her right to choose. It is a right that Allah has given to her to say yes, or to say no, to the grandfather's will cannot force her, you understand?
So such alterations may be made, when people's rights are being affected. When people are being treated in an unfair manner, then there's no sin on them.
Likewise, it's possible that a person makes a will that when I die, burn my body. People can say that when I die, burn my body. And we know that as Muslims, we are supposed to bury the dead. So are you supposed to follow that will so you know, you're not going to? Because this is isn't this a sin? Right? Likewise, a person says When I die, then have my body sent back home and bury me over there. Now the family members are like, You know what, if we use the money that he left behind, to send his body back home, then we'll be left with nothing. And it's not necessary to send his body back home anyway. All of this land belongs to Allah so you can basically be buried anywhere. So again,
It may be altered and there is no harm in doing that
sometimes it happens that parents what they do is that in their lives, they will say that when their daughter is getting married, that we are giving you whatever you want right now. Okay? So for example, we are giving you this set of jewelry, gold jewelry, and diamond jewelry and all of that stuff. And when we die, you will have nothing, it's not fair what you give in your life, that's a gift, it's a different thing. Okay, and after a person dies, then his property has to be distributed amongst the children according to their shares.
But let's say there are parents and the see that their children need something let's say their one son wants to buy a house one girl she wants to go to university and it costs a lot of money, then they say that when we die, the money is going to be distributed amongst you anyway, we might as well distributed amongst you right now.
So, they say okay, the house will go in the name of the Son, all this money goes in the name of the daughter.
So, when they die, then what will happen that will be carried out, you understand as long as the shares are fair, then that will be done. The shares should not be unfair, that the daughter is getting more and the son is getting less? No, it should not be the case. Okay, the shares must be fair. Now, what exactly the shares are, how much the doctor gets, how much the son gets, how much the husband gets, how much the wife gets, in the case of whoever's there. Inshallah, we will learn all about that later. Intuitively, sir. So let's listen to the recitation of these verses right now.
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question
okay. So if somebody distributes their wealth before they die amongst their heirs, and it is not a fair distribution, it is not a just distribution. Is that correct? It's not correct.
So, those people to whom the wealth has been given, they should distributed fairly amongst themselves. So for example, the father distributed the wealth amongst the sons and the daughters, and the sons and the daughters later on when they learned the deen they figure out okay, this was an unfair distribution. It's it wasn't right. So they should figure out okay, this was a total amount of well, this is what I should have received, this is what you should have received. So they should make the exchange okay. And this will be actually in the favor of their father. Because like we learned earlier, if the will is unfair, this could literally waste the good deeds of a person, all
of them. So if you really love your father, more than your wealth, then you should be concerned about distributing the wealth in a fair manner.
Inshallah we'll conclude over here so practical long will be handy Kenisha do Allah Illa illa Anta Mr. Furukawa to be late As salam o aleikum wa rahmatullah wa barakato.