What makes you weep? He said: I am afraid I may die in the land from where I migrated as Sa'd b. Khaula had died. Thereupon Allah's Apostle (ﷺ) said: O Allah, grant health to Sa'd. O Allah, grant health to Sad. He repeated it three times. He (Sa'd) said: Allah's Messenger, I own a large property and I have only one daughter as my inheritor. Should I not will away the whole of my property? He (the Holy Prophet) said: No. He said: (Should I not will away, ) two-thirds of the property? he (the Holy Prophet) said: No. He (Sa'd) (again) said: (Should I not will away) half (of my property)? He said: No. He (Sa'd) said: Then one-third? Thereupon he (the Holy Prophet) said: (Yes), one-third, and one-third is quite substanial. And what you spend as charity from your property is Sadaqa and flour spending on your family is also Sadaqa, and what your wife eats from your property is also Sadaqa, and that you leave your heirs well off (or he said: prospreous) is better than to leave them (poor and) begging from people. He (the Holy Prophet) pointed this with his hands.
The Book of Wills - Sahih Muslim 1628g
In the name of Allah, the Most Gracious, the Most Merciful. This narration from Sahih Muslim contains profound wisdom regarding Islamic inheritance laws and the permissibility of bequests.
Context and Background
Sa'd ibn Abi Waqqas, a noble Companion, expressed concern about dying in a land away from his original home, referencing another Sa'd who died during migration. The Prophet's repeated supplication for his health demonstrates the importance of caring for companions' wellbeing.
The Ruling on Bequests
The Prophet progressively restricted the portion that could be willed away: from the entire estate, to two-thirds, to half, finally permitting only one-third. This establishes the maximum allowable bequest at one-third of the estate, ensuring two-thirds remain for rightful heirs.
The statement "one-third is quite substantial" indicates that while permissible, even one-third should be considered carefully, as it significantly reduces the inheritance of legal heirs.
Comprehensive Charity
The Prophet expanded the concept of charity beyond conventional understanding: spending on family, maintaining one's wife, and even personal necessities when done with proper intention become acts of charity rewarded by Allah.
Priority of Heirs
Leaving heirs financially secure is superior to leaving them dependent on others. This emphasizes the obligation to preserve wealth for legal heirs according to Islamic inheritance laws, while allowing limited bequests for special circumstances.