During an illness which brought me near to death in the year of the Conquest God’s Messenger came to visit me and I said, “Messenger of God, I have a large amount of property and my daughter is my only heir. Shall I will away all my property ?” He replied, ‘No” I suggested two-thirds, but he objected, then a half, but he still objected. When I suggested a third he replied, “You may will away a third, but that is a lot*. To leave your heirs rich is better than to leave them poor and begging from people. You will not spend anything, seeking thereby to please God, without being rewarded for it, even the mouthful you give your wife.” *While this tradition tells that the Prophet gave permission for a man to will away a third of his estate to some person or purpose other than the heirs, it indicates that be thought it would be better not to will away so much.(Bukhari and Muslim.)
Commentary on Inheritance and Wills
From the esteemed compilation Mishkat al-Masabih, hadith reference 3071, we examine the profound wisdom in the Prophet's guidance regarding bequests. The restriction to one-third represents divine mercy, balancing the testator's desire for charity with the heirs' rightful claims. This demonstrates Islam's comprehensive approach to wealth distribution.
The Wisdom of Limitation
The Prophet's gradual rejection of full, two-thirds, and half bequests establishes the third as the maximum permissible. This protects heirs from impoverishment while allowing charitable intentions. The principle "to leave your heirs rich is better than to leave them poor" emphasizes family welfare as a primary Islamic concern.
Even within this limitation, the Prophet noted "that is a lot," encouraging moderation. This reflects the balanced nature of Islamic law, where individual rights and social responsibilities harmonize without extreme deprivation or excess.
Comprehensive Reward System
The concluding assurance that "you will not spend anything, seeking thereby to please God, without being rewarded" extends beyond formal bequests. This encompasses all righteous spending, including maintaining one's family. Thus, the tradition integrates inheritance laws with the broader spiritual economy of divine recompense.