The Book of Judicial Decisions - Sahih Muslim 1718 b

In the name of Allah, the Most Gracious, the Most Merciful. This narration from the Mother of the Believers, 'A'isha (may Allah be pleased with her), contains profound wisdom regarding Islamic legal principles and inheritance matters.

Commentary on the Legal Question

The question concerns a testator who owned three separate houses and willed one-third of each house. Qasim ibn Muhammad, a renowned scholar from the generation of the Successors, ruled that these portions could be combined and taken from a single house. This demonstrates the principle of facilitating the execution of wills while maintaining the testator's intent.

Explanation of the Prophetic Tradition

The hadith "He who did any act for which there is no sanction from our behalf, that is to be rejected" establishes the fundamental principle that all religious matters must have basis in the Qur'an and Sunnah. This applies particularly to acts of worship ('ibadat) and legal rulings.

Scholars explain that this hadith protects the religion from innovation (bid'ah) and ensures that Muslims follow the pure teachings of the Prophet (ﷺ) without addition or alteration.

Application to Inheritance and Wills

In matters of inheritance, this principle requires that we adhere strictly to the Quranic shares and the Prophetic guidance. While the testator has freedom to will up to one-third of their estate, the distribution must comply with Islamic law and not contradict established principles.

Qasim's ruling demonstrates the application of scholarly judgment (ijtihad) within the boundaries of Shariah, showing flexibility in form while preserving the substance of the testator's wishes.