Why the need for a testament (5:106)
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The Qur'an goes on for a long time about what we shall leave our heirs and in what proportions (411-12, 5176). However, in 5106, it is stated that we should leave a testament. What is the reason for a testament if anyone can use the Qur'an to calculate the appropriate proportions?
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As Salaam Alaikum,
Well there can be many reasons as to why. For instance in the U.S.A., in some states (if not most or all), half of the money goes to the spouse and the other half must be split with the children. Making a will can protect us against this type of split up.
Along with that, the Quran deals with numbers... It does not deal with material. And material can be divided in many different ways.
Perfect example.
I have two things that make up my estate and the only people rightfully eligable to inherit are my son and aughter and they are the only ones that I want to inherit from me (in other words I'm only giving my stuff to my children and no one else)
That means my son will get 2/3rds of all of my estate and my daughter a third of all of my estate (after debts and stuff are paid off).
I have a business which is worth 2/3rds of my estate and land worth just a 3rd. I can easily say "My son ges the business and my daughter gets the land".
BUT, hey! what if I want my daughter to run the business as well? I'll say "I give half of my business to my daughter and half to my son. I also leave my son with the land." My son would still end up getting the 2/3rds which is rightfuly his and my daughter will get the 3rd which is rightfully hers.
Also, the verse you are referring to, i believe, is also dealing with honesty and people swearing that they are going to tell what is rightfully whose... and not hiding from the rightful inheritors estates and stuff.
So having a will can also say what is all that you have. Making sure that your inheritors know what was all that you owned when you died. This can prevent you from having to depend on others to make sure that they tell folks that you have a house somewhere up in the mountains... i guess. hehe
Also even more... say that my kids were the only people who had the right to my will... but I want to give some of my stuff to my close friends as well. I will need a will to make that intention specific and I will divde up from there... Maybe I'll give my son 50%, my daughter 25%, and then give the other 25 to whoever else I like.