Wills (Kitab Al-Wasaya)

Musaddad ibn Musarhad narrated to us: Yahya ibn Sa'id narrated to us, from 'Ubayd Allah, who said: Nafi' narrated to me, from 'Abd Allah—meaning Ibn 'Umar—from the Messenger of Allah (ﷺ), who said: ‘It is not right for a Muslim who has something to bequeath to spend two nights without having his bequest written and kept with him.’

Musaddad and Muhammad ibn al-'Ala' narrated to us; they said: Abu Mu'awiyah narrated to us, from al-A'mash, from Abu Wa'il, from Masruq, from 'A'ishah, who said: ‘The Messenger of Allah (ﷺ) left no dinar, dirham, camel, or sheep, and he made no bequest of anything.’

Uthman ibn Abi Shaybah and Ibn Abi Khalaf narrated to us; they said: Sufyan narrated to us, from al-Zuhri, from 'Amir ibn Sa'd, from his father [Sa'd ibn Abi Waqqas], who said: ‘I fell ill’—Ibn Abi Khalaf's version says ‘in Mecca’—‘and the illness brought me close to death.’ Both versions continue: The Messenger of Allah (ﷺ) came to visit me. I said: ‘Messenger of Allah, I have much property, and my daughter is my only heir. May I give two-thirds of it in charity?’ He replied: ‘No.’ I asked: ‘Half?’ He replied: ‘No.’ I asked: ‘A third?’ He replied: ‘A third—and a third is much. It is better for you to leave your heirs well-off than to leave them dependent, holding out their hands to people. You will not spend anything seeking Allah's pleasure without being rewarded for it, even the morsel you place in your wife's mouth.’

I said: ‘Messenger of Allah, will I be left behind from my migration?’ He replied: ‘If you remain behind after me and do a good deed seeking Allah's countenance, your rank and degree will only increase. Perhaps you will remain behind so that some people benefit through you and others are harmed through you.’ Then he said: ‘O Allah, complete my Companions' migration and do not turn them back on their heels. But wretched is Sa'd ibn Khawlah.’ The Messenger of Allah (ﷺ) grieved for him because he died in Mecca.’

Musaddad narrated to us: 'Abd al-Wahid ibn Ziyad narrated to us: 'Umarah ibn al-Qa'qa' narrated to us, from Abu Zur'ah ibn 'Amr ibn Jarir, from Abu Hurayrah, who said: A man asked the Prophet (ﷺ): ‘Messenger of Allah, which charity is best?’ He replied: ‘That you give charity while you are healthy, eager to keep your wealth, hoping to live long, and fearing poverty. Do not delay until your soul reaches your throat, then say: “So-and-so gets this much, and so-and-so gets this much,” when it already belongs to someone else.’’

Ahmad ibn Salih narrated to us: Ibn Abi Fudayk narrated to us: Ibn Abi Dhi'b informed me, from Shurahbil, from Abu Sa'id al-Khudri, that the Messenger of Allah (ﷺ) said: ‘A person giving one dirham in charity during his lifetime is better for him than giving one hundred dirhams in charity at the moment of his death.’

'Abdah ibn 'Abd Allah narrated to us: 'Abd al-Samad informed us: Nasr ibn 'Ali al-Huddani narrated to us: al-Ash'ath ibn Jabir narrated to us: Shahr ibn Hawshab narrated to me, that Abu Hurayrah related to him that the Messenger of Allah (ﷺ) said: ‘A man or a woman may act in obedience to Allah for sixty years, then, when death comes to them, they cause harm through their bequest, and the Fire becomes binding for them.’ Abu Hurayrah recited to me from this passage: ‘After a bequest made or a debt, without causing harm,’ until he reached: ‘That is the great triumph.’ Abu Dawud said: ‘This—meaning al-Ash'ath ibn Jabir—is the grandfather of Nasr ibn 'Ali.’

Al-Hasan ibn 'Ali narrated to us: Abu 'Abd al-Rahman al-Muqri' narrated to us: Sa'id ibn Abi Ayyub narrated to us, from 'Ubayd Allah ibn Abi Ja'far, from Salim ibn Abi Salim al-Jayshani, from his father, from Abu Dharr, who said: The Messenger of Allah (ﷺ) said to me: ‘Abu Dharr, I see that you are weak, and I wish for you what I wish for myself. So do not take authority over even two people, and do not take charge of an orphan's property.’ Abu Dawud said: ‘This was related exclusively by the people of Egypt.’

Ahmad ibn Muhammad al-Marwazi narrated to us: 'Ali ibn Husayn ibn Waqid narrated to me, from his father, from Yazid al-Nahwi, from 'Ikrimah, from Ibn 'Abbas, regarding the verse, ‘If he leaves property, a bequest for parents and close relatives’: the bequest remained so until the verse of inheritance abrogated it.

'Abd al-Wahhab ibn Najdah narrated to us: Ibn 'Ayyash narrated to us, from Shurahbil ibn Muslim, who said: I heard Abu Umamah say: I heard the Messenger of Allah (ﷺ) say: ‘Allah has given every rights-holder what is due to him, so there is no bequest for an heir.’

Uthman ibn Abi Shaybah narrated to us: Jarir narrated to us, from 'Ata', from Sa'id ibn Jubayr, from Ibn 'Abbas, who said: ‘When Allah, Mighty and Majestic, revealed, “Do not approach an orphan's property except in the best manner,” and, “Indeed, those who consume the property of orphans unjustly ...,” everyone who had an orphan in his care went away and separated the orphan's food from his own food and the orphan's drink from his own drink. Any of the food left over was kept for the orphan until he ate it or it spoiled. This became difficult for them, so they mentioned it to the Messenger of Allah (ﷺ). Then Allah, Mighty and Majestic, revealed: “They ask you about orphans. Say: setting things right for them is best; and if you share your affairs with theirs, they are your brothers.” So they mixed their food with the orphan's food and their drink with his drink.’

Humayd ibn Mas'adah narrated to us: Khalid ibn al-Harith related to them: Husayn—the teacher—narrated to us, from 'Amr ibn Shu'ayb, from his father, from his grandfather, that a man came to the Prophet (ﷺ) and said: ‘I am poor and have nothing, and I have an orphan in my care.’ The Prophet replied: ‘Eat from your orphan's property without extravagance, without hastening to consume it, and without laying it up as your own.’

Ahmad ibn Salih narrated to us: Yahya ibn Muhammad al-Madini narrated to us: 'Abd Allah ibn Khalid ibn Sa'id ibn Abi Maryam narrated to us, from his father, from Sa'id ibn 'Abd al-Rahman ibn Yazid ibn Ruqaysh, who said: I heard elders from Banu 'Amr ibn 'Awf and my maternal uncle 'Abd Allah ibn Abi Ahmad say that 'Ali ibn Abi Talib said: ‘I memorized from the Messenger of Allah (ﷺ): “There is no orphanhood after puberty, and no keeping silent for an entire day until night.”’

Ahmad ibn Sa'id al-Hamdani narrated to us: Ibn Wahb narrated to us, from Sulayman ibn Bilal, from Thawr ibn Zayd, from Abu al-Ghayth, from Abu Hurayrah, that the Messenger of Allah (ﷺ) said: ‘Avoid the seven ruinous sins.’ They asked: ‘Messenger of Allah, what are they?’ He replied: ‘Associating partners with Allah; magic; killing a soul Allah has forbidden [to kill], except with due right; consuming usury; consuming an orphan's property; turning one's back on the day of battle; and falsely accusing chaste, unsuspecting believing women.’ Abu Dawud said: ‘Abu al-Ghayth is Salim, the mawla of Ibn Muti'.’

Ibrahim ibn Ya'qub al-Juzajani narrated to us: Mu'adh ibn Hani' narrated to us: Harb ibn Shaddad narrated to us: Yahya ibn Abi Kathir narrated to us, from 'Abd al-Hamid ibn Sinan, from 'Ubayd ibn 'Umayr, from his father—who was a Companion—who related that a man asked: ‘Messenger of Allah, what are the major sins?’ He replied: ‘They are nine.’ The narrator mentioned the report to the same effect and added: ‘Disobedience to one's Muslim parents, and violating the sanctity of the Sacred House—your qiblah—whether people are alive or dead.’

Muhammad ibn Kathir narrated to us: Sufyan informed us, from al-A'mash, from Abu Wa'il, from Khabbab, who said: ‘Mus'ab ibn 'Umayr was killed on the day of Uhud. He had only a striped wool cloak. When we covered his head with it, his feet showed; when we covered his feet, his head showed. The Messenger of Allah (ﷺ) said: “Cover his head with it and place some idhkhir [a fragrant rush] over his feet.”’

Ahmad ibn Yunus narrated to us: Zuhayr narrated to us: 'Abd Allah ibn 'Ata' narrated to us, from 'Abd Allah ibn Buraydah, from his father, Buraydah, who said: A woman came to the Messenger of Allah (ﷺ) and said: ‘I had given my mother a young enslaved woman in charity. My mother died and left that same young woman.’ He replied: ‘Your reward is assured, and she has returned to you by inheritance.’ She said: ‘My mother also died owing a month's fast. Will it discharge her duty if I fast on her behalf?’ He replied: ‘Yes.’ She said: ‘She had not performed Hajj. Will it discharge her duty if I perform Hajj on her behalf?’ He replied: ‘Yes.’’

Musaddad narrated to us: Yazid ibn Zuray' narrated to us. [Another chain:] Musaddad narrated to us: Bishr ibn al-Mufaddal narrated to us. [Another chain:] Musaddad narrated to us: Yahya narrated to us, from Ibn 'Awn, from Nafi', from Ibn 'Umar, who said: ‘'Umar acquired a piece of land at Khaybar and went to the Prophet (ﷺ). He said: “I have acquired land, and I have never acquired property more valuable to me than it. What do you advise me to do with it?” He replied: “If you wish, retain its principal and give its produce in charity.” So 'Umar gave it in charity, stipulating that its principal was not to be sold, given away, or inherited. He directed its produce to the poor, relatives, the emancipation of enslaved people, the path of Allah, and wayfarers. Bishr's version adds: ‘and guests.’ The transmitters agree: There is no blame on its administrator for eating from it in a fair manner or feeding a friend, provided he does not turn it into personal wealth. Bishr adds: Muhammad said, ‘without accumulating property.’’

Sulayman ibn Dawud al-Mahri narrated to us: Ibn Wahb narrated to us: al-Layth informed me, from Yahya ibn Sa'id, from the written deed of 'Umar ibn al-Khattab (may Allah be pleased with him). 'Abd al-Hamid ibn 'Abd Allah ibn 'Abd Allah ibn 'Umar ibn al-Khattab copied it for me. It began: ‘In the name of Allah, the Most Compassionate, the Most Merciful. This is what 'Abd Allah 'Umar wrote concerning Thamgh.’ The narrator then recounted an account like that of Nafi'. He added: ‘without accumulating wealth for himself; whatever surplus fruit Thamgh yields is for the petitioner and the deprived.’ He continued the account and said: ‘If the administrator of Thamgh wishes, he may buy an enslaved worker from its produce to work there.’ Mu'ayqib wrote the deed, and 'Abd Allah ibn al-Arqam witnessed it. It continued: ‘In the name of Allah, the Most Compassionate, the Most Merciful. This is the bequest made by 'Abd Allah 'Umar, Commander of the Faithful, should anything befall him: Thamgh, the estate of Sirmah ibn al-Akwa', the enslaved worker there, the one hundred shares at Khaybar and its enslaved worker, and the one hundred shares that Muhammad (ﷺ) granted me in the valley—all are to remain under Hafsah's administration for as long as she lives. Then a person of sound judgment from her family is to administer them. They are not to be sold or bought; their proceeds are to be spent as the administrator sees fit on petitioners, the deprived, and relatives. There is no blame on the administrator if he eats from it, feeds others, or buys an enslaved worker from it.’’

Al-Rabi' ibn Sulayman al-Mu'adhdhin narrated to us: Ibn Wahb narrated to us, from Sulayman—meaning Ibn Bilal—from al-'Ala' ibn 'Abd al-Rahman, who said: I think it is from his father, from Abu Hurayrah, that the Messenger of Allah (ﷺ) said: ‘When a person dies, his deeds come to an end except for three: an ongoing charity, knowledge that benefits others, or a righteous child who prays for him.’