Permit me to give away my property as I like. He refused. I (again) said: (Permit me) to give away half. He (again refused). I (again said): Then one-third. He (the Holy Prophet) observed silence after (I had asked permission to give away) one-third. He (the narrater) said: It was then that endowment of one-third became permissible.
The Book of Wills - Sahih Muslim 1628 d
In the name of Allah, the Most Gracious, the Most Merciful. All praise is to Allah, Lord of the worlds, and peace and blessings upon His final Messenger Muhammad.
Context and Significance
This noble hadith from Sahih Muslim establishes the fundamental Islamic ruling regarding testamentary bequests (wasiyyah). The companion Sa'd ibn Abi Waqqas - may Allah be pleased with him - sought the Prophet's permission regarding the distribution of his wealth, demonstrating the importance of consulting religious authority in matters of inheritance.
The Prophet's initial refusal to permit giving away all or half of one's property serves to protect the rights of legal heirs, ensuring they are not unjustly deprived of their Islamic inheritance shares. The silence of the Messenger of Allah - peace be upon him - after the mention of one-third indicates permissibility through tacit approval (taqrir), establishing this as the maximum allowable bequest.
Scholarly Commentary
The consensus of the scholars is that a Muslim may not bequeath more than one-third of their estate to non-heirs. This limitation preserves the divinely ordained inheritance system while allowing for charitable giving and specific bequests. The one-third limit applies only to what remains after funeral expenses and debts are settled.
Imam An-Nawawi comments in his explanation of Sahih Muslim that the Prophet's silence constitutes a legislative approval, making one-third the recognized maximum. Scholars emphasize that even within this one-third, priority should be given to debts owed to Allah (such as unpaid zakat) and to people, followed by charitable causes and gifts to those outside the circle of mandatory heirs.
If the testator has heirs in need, it is recommended to bequeath less than one-third. The Prophet - peace be upon him - said: "To leave your heirs wealthy is better than to leave them poor, begging from others." This hadith demonstrates the balance between individual charitable intentions and familial responsibilities in Islamic law.
Legal Implications
This ruling applies when the testator has legal heirs who would normally inherit. If one has no heirs, they may dispose of their entire estate as they wish. The bequest cannot be made to someone who is already a legal heir, as their share is predetermined by Allah in the Quran.
The wisdom behind this limitation includes: preserving family wealth, preventing deathbed manipulations that disrupt inheritance rights, maintaining social stability, and ensuring that the compulsory heirs receive their Allah-appointed portions. This divine balance protects both individual freedom and social justice.
Contemporary Application
Muslims today should ensure their wills comply with this Prophetic guidance. When making bequests, one should first calculate one-third of the net estate (after debts and expenses) and ensure bequests do not exceed this amount. Legal heirs should receive their full Islamic shares without reduction due to excessive bequests.
This hadith teaches us the importance of planning our affairs in accordance with Islamic principles while being mindful of the rights of others. It demonstrates the comprehensive nature of Islamic law, which provides guidance for all aspects of life, including what happens after death.
And Allah knows best. May Allah grant us understanding of His religion and enable us to act upon it. All praise is to Allah, the Lord of the worlds.