I recommend that people reduce the proportion of what they bequeath by will to the fourth (of the whole legacy), for Allah's Messenger (ﷺ) said, "One-third, yet even one third is too much."
Wills and Testaments (Wasaayaa)
Sahih al-Bukhari 2743
Hadith Commentary
The noble hadith from Sahih al-Bukhari establishes the recommended limit for testamentary bequests. The Messenger of Allah (ﷺ) designated one-third as the maximum permissible portion, yet indicated this is still considerable.
Scholars interpret "too much" as indicating that while one-third is legally permissible, it approaches the upper limit and should be reduced when possible to safeguard the rights of the primary heirs.
The recommendation to reduce to one-fourth demonstrates the principle of moderation in testamentary dispositions, ensuring the majority of the estate passes to the prescribed heirs (Qur'anic shares) while allowing some flexibility for additional beneficiaries.
Legal Rulings
The one-third maximum applies only when there are legal heirs. If no heirs exist, the entire estate may be willed.
Bequests exceeding one-third require consent from the legal heirs after the testator's death.
This limitation preserves the divinely ordained inheritance system while permitting charitable giving and additional provisions beyond the compulsory shares.
Wisdom Behind the Restriction
Prevents depletion of heirs' rightful inheritance, particularly for children and spouses who rely on the estate.
Encourages balanced distribution between religious charity and family obligations.
Reflects the Islamic principle of moderation in all financial matters, avoiding both excessive restriction and excessive liberality in testamentary dispositions.