Verse 183
The Cow • madinah
View Aspects
فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَآ إِثْمَ عَلَيْهِ ۚ إِنَّ ٱللَّهَ غَفُورٌ رَّحِيمٌ
Important Words:
جنفا (partiality) is the infinitive noun from جنف. They say جنف عن الطریق meaning, he deviated from the right path. جنف فی وصیتهmeans, he acted wrongfully in his will. جانف اھله means, he kept away from his family out of anger and not for a just cause. تجانف لاثم means, he inclined towards sin. So جنف means: (1) inclining to sin, etc. (2) deviating from the right course; (3) acting unjustly or wrongfully; (4) keeping away from rightful things (Aqrab).
Commentary:
If someone should have reason to fear that the testator is showing undue favour to any particular person or party, or that he is acting contrary to Islamic Law, it would be no sin for him to bring about reconciliation between the parties concerned by removing the cause of displeasure or disagreement between the testator and his heirs and thereby having the will altered in accordance with the requirements of justice and Islamic Law. The words, it shall be no sin for him, do not mean that such pious intervention is simply an act of negative virtue. The expression has been used lest, in view of what has been said in the preceding verse regarding the sinfulness of the act of alteration in a will, some overcautious people should hold aloof even when they see an unjust inclination on the part of the testator. The verse thus really means that such an interference, far from being an act of sin, is an act of virtue which is sure to draw God’s mercy.
The concluding clause reminds the testator that God is Forgiving, so that if he mends his error, He will be pleased to forgive him. The declaration that God is Merciful, also serves as an inducement to other Muslims to intervene, if it is felt that the testator is unduly partial to one party, to the detriment of the other. In that case they should readily step in and set things right, for which God would give them an ample portion out of His mercy. Thus the word غفور (Most Forgiving) relates to such testators as return to the right course when reminded to do so, and the word رحیم (Merciful) relates to those persons who succeed in persuading the testator to revert to the path of rectitude and justice.
A will may comply with legal requirements and may yet be unfair in some of its provisions. For instance, if a person leaves a large number of heirs, it may entail a hardship on them if he wills away as much as the full one-third for charitable or other lawful purposes. Or, out of the permissible 1/3 the testator may have made unfair dispositions, neglecting or overlooking just claims. It would in such a case be permissible, indeed meritorious, to bring about a fair adjustment between the heirs and the legatees affected.