I fell sick and the Prophet (ﷺ) paid me a visit. I said to him, "O Allah's Messenger (ﷺ)! I invoke Allah that He may not let me expire in the land whence I migrated (i.e. Mecca)." He said, "May Allah give you health and let the people benefit by you." I said, "I want to will my property, and I have only one daughter and I want to will half of my property (to be given in charity)." He said," Half is too much." I said, "Then I will one third." He said, "One-third, yet even one-third is too much." (The narrator added, "So the people started to will one third of their property and that was Permitted for them.")
Hadith Commentary: Wills and Testaments (Wasaayaa)
This narration from Sahih al-Bukhari 2744 presents crucial guidance regarding Islamic inheritance laws and testamentary bequests, as demonstrated through the Prophet's interaction with Sa'd ibn Abi Waqqas during his illness.
Context and Significance
The hadith occurs during Sa'd's illness in Medina, where he expresses concern about dying away from his homeland Mecca. The Prophet's response demonstrates the importance of focusing on benefiting others rather than personal attachments to places.
Sa'd's inquiry about willing half his property in charity while having only one daughter reveals his piety but also his need for guidance in balancing charity with heirs' rights.
Legal Rulings on Bequests
The Prophet's rejection of half as "too much" and his subsequent statement that "even one-third is too much" establishes the maximum permissible bequest at one-third of the estate. This limitation protects the fixed shares of legal heirs.
Scholars explain that while one-third is the maximum, it remains preferable to bequeath less than one-third to avoid diminishing the inheritance of legal heirs unnecessarily.
Scholarly Interpretation
Classical commentators note that the Prophet's gradual guidance—first rejecting half, then indicating one-third as the upper limit—demonstrates his teaching methodology of leading people to optimal rulings through gentle correction.
Imam al-Nawawi explains that this hadith establishes the consensus among scholars that bequests cannot exceed one-third of the net estate after debts, ensuring the preservation of heirs' Quranic rights.
Practical Application
This ruling applies to all Muslims wishing to make charitable bequests while having legal heirs. The one-third limit ensures balance between fulfilling charitable intentions and fulfilling obligations to family members.
The permissibility of one-third became the established practice among the Companions, as indicated by the narrator's concluding remark about people adopting this practice.