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Wills
Kindly clarify the meaning of “without harm ˹to the heirs˺” as mentioned in Surah Nisa, Ayat 12 at the end of the testamentary laws of succession and mirath distribution.
I would like to know that since Ghamidi sahab decries any bar to the ability of a testator to make a will (unconditional capacity), what then, is meant by Qur’an when it says “after the fulfillment of bequests and debts without harming the heirs” at the end of the ayah.
Personally, I do recognize the folly in restricting 1/3rd for bequests but I also fail to understand the right of unconditional capacity to will to the testator i.e. what if the testator wills away every single penny and property that he/she owned to charity without considerations of lawful heirs? Will then the lawful heirs spend their lives in penury while a third party is enriched at their expense? This seems to be against the spirit of justice that was illustrated in the hadith of the Prophet concerning Ibn Waqqas (I do concede that the hadith cannot impose any restriction)
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Wills
updated 1 day, 4 hours ago
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Kindly answer.
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