Wills.Ibn ‘Umar reported God’s Messenger as saying, “It is the duty of a Muslim man who has something which is to be given as a bequest not to have it for two nights without having his will written regarding it.” (Bukhari and Muslim.)
Inheritance and Wills - Mishkat al-Masabih 3070
This noble hadith from Sahih al-Bukhari and Sahih Muslim establishes the paramount importance of timely will-making in Islamic law. The Prophet Muhammad (peace be upon him) emphasizes that a Muslim who possesses property should not delay writing their will beyond two nights.
Scholarly Commentary
The two-night limitation demonstrates the urgency Islam places on settling one's worldly affairs. Scholars interpret this as emphasizing promptness rather than a rigid temporal restriction, recognizing death's unpredictability.
Classical jurists explain that this injunction applies particularly to those with significant assets or outstanding religious obligations. The will ensures proper distribution according to Islamic inheritance laws and fulfills any unmet religious duties.
Imam al-Nawawi comments that this hadith establishes will-making as a collective obligation (fard kifayah) upon the Muslim community, though individual obligation varies based on circumstances and assets.
Legal Implications
The majority of scholars hold that writing a will is strongly recommended (mandub) rather than obligatory, except when one has debts or unmet religious duties.
A valid Islamic will cannot allocate more than one-third of the estate to non-heirs, preserving the fixed shares of legal heirs established in the Quran.
This prophetic guidance protects both the testator's spiritual interests and the financial rights of heirs, preventing disputes and ensuring Islamic principles govern wealth transfer.