Here’s a short
post on changing the will of another individual. I will follow this good tradition, with what I think is important
to keep in mind.
Arabic Text:
عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ الرَّيَّانِ
بْنِ شَبِيبٍ قَالَ:
أَوْصَتْ مَارِدَةُ لِقَوْمٍ نَصَارَى فَرَّاشِينَ
بِوَصِيَّةٍ فَقَالَ أَصْحَابُنَا اقْسِمْ هَذَا فِي فُقَرَاءِ الْمُؤْمِنِينَ
مِنْ أَصْحَابِكَ فَسَأَلْتُ الرِّضَا ع فَقُلْتُ إِنَّ أُخْتِي أَوْصَتْ بِوَصِيَّةٍ لِقَوْمٍ
نَصَارَى وَ أَرَدْتُ أَنْ أَصْرِفَ ذَلِكَ إِلَى قَوْمٍ مِنْ أَصْحَابِنَا
مُسْلِمِينَ فَقَالَ أَمْضِ الْوَصِيَّةَ عَلَى مَا أَوْصَتْ بِهِ قَالَ اللَّهُ
تَبَارَكَ وَ تَعَالَى فَإِنَّما إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ.
(2:181)
English Translation:
Ali ibn Ibrahim has
narrated from his father from Al Rayyan ibn Shabeeb who said:
[My sister] Maredah has willed
[to give] to some poor Christians. Our companions said: I [should] divide it
[what is willed] between the poor faithfuls from your companions.
So I asked Al Redha (as)
and said [to him]: my sister has willed [to give] to Christians and I was
willing to spend it on some Muslims from our companions.
He (as) said: Proceed
with what is willed as Allah the Almighty said: "The sin shall be on those who make the change."
(2:181).
Source:
Al-Kafi, Volume 7, Page 16, Traditions #2
To make a few
points, I need to state the very next verse after 2:181.
So, whoever fears from the bequeather [some]
error or sin and corrects that which is between them, there is no sin upon him.
Indeed, Allah is Forgiving and Merciful. (2:182)
Imam Redha (as)
recited verse 2:181 to prevent the changing of the will of Maredah.
Verse 2:182 states that if a mistake is made by the testator/bequeather,
there is not any sin to correct it, by changing it.
The bequeather
in this case had decided to give from her properties to poor Christians, not
the faithfuls and not Muslims. The faithful men, including her brother, had the
opinion that it would be better to give her properties to the faithfuls in
contrast to her wishes. However, if what she had wished was a mistake
or sinful, then the Imam (as) would not prevent the changing of the will.
The very next verse (2:182) permits correcting the will, if a mistake is
made.
What we can
infer, and what is clear, is that it is not a mistake or sinful to will to give
to poor Christians, instead of Muslims, after one’s death.
In addition,
what is evident is that if there is no mistake or sin in the will of an
individual, be it a woman or a man, another individual, even an individual as
close as one’s brother, does not have the right to change the will. To do so
would be sinful.
In a nutshell,
respect the will of other individuals and do not give in to the pressure of
your peers and colleagues. After one’s parents and the near kin, a person can give
his/ her properties to whoever he/she desires in his/her will.
