The Book of Wills

كتاب الوصية

Chapter 4: Waqf (Endowment)

Ibn Umar reported

Umar acquired a land at Khaibar. He came to Allah's Apostle (ﷺ) and sought his advice in regard to it. He said: Allah's Messenger, I have acquired land in Khaibar. I have never acquired property more valuable for me than this, so what do you command me to do with it? Thereupon he (Allah's Apostle) said: If you like, you may keep the corpus intact and give its produce as Sadaqa. So 'Umar gave it as Sadaqa declaring that property must not be sold or inherited or given away as gift. And Umar devoted it to the poor, to the nearest kin, and to the emancipation of slaves, aired in the way of Allah and guests. There is no sin for one, who administers it if he eats something from it in a reasonable manner, or if he feeds his friends and does not hoard up goods (for himself). He (the narrator) said: I narrated this hadith to Muhammad, but as I reached the (words)" without hoarding (for himself) out of it." he (Muhammad' said:" without storing the property with a view to becoming rich." Ibn 'Aun said: He who read this book (pertaining to Waqf) informed me that in it (the words are)" without storing the property with a view to becoming rich."

This hadith has been narrated on the authority of Ibn 'Aun with the same chain of transmitters up to the words

" Or he may feed the friend withoiut hoarding from it" and he made no mention of what follows.

'Umar reported

I acquired land from the lands of Khaibar. I came to Allah's Messenger (ﷺ) and said: I have acquired a piece of land. Never have I acquired land more loved by me and more cherished by me than this. The rest of the hadith is the same, but he made no mention of this:" I narrated it to Muhammad" and what follows.

Chapter 5: Not Making A Will For One Who Has Nothing To Be Bequeathed

Talha b. Musarrif reported

I asked 'Abdullah b. Abu Aufa whether Allah's Messenger (ﷺ) had made any will (in regard to his property). He said: NO. I said: Then why has making of will been made necessary for the Muslims, or why were they commanded to make will? Thereupon he said: He made the will according to the Book of Allah, the Exalted and Majestic.

This hadith has been narrated on the authority of Malik b. Mighwal with the same chain of transmitters but with a slight variation of words. In the hadith related by Waki (the words are)" I said

How the people have been ordered about the will" ; and in the hadith of Ibn Numair (the words are):" How the will has been prescribed for the Muslims, '.

A'isha reported

Allah's Messenger (ﷺ) left neither dinar nor dirham (wealth in the form of cash), nor goats (and sheep), nor camels. And he made no will about anything (in regard to his material possessions, as he had none),

This hadith has been narrated on the authority of A'mash with the same chain of transmitters.

Aswad b. Yazid reported

It was mentioned before A'isha that will had been made (by the Holy Prophet) in favour of 'Ali (as the Prophet's first caliph), whereupon she said: When did he make will in his favour? I had been providing support to him (to the Holy Prophet) with my chest (or with my lap). He asked for a tray, when he fell in my lap (relaxing his body), and I did not realise that he had breathed his last. When did he make any will in his ('Ali's) favour?

Sa'id b. Jubair reported that Ibn 'Abbas said

This hadith was mentioned through another chain.

Sa'id b. Jubair reported from Ibn Abbas that he said

Thursday, and what about Thursday? Then tears began to flow until I saw them on his cheeks as it they were the strings of pearls. He (the narrator) said that Allah's Messenger (ﷺ) said: Bring me a shoulder blade and ink-pot (or tablet and inkpot), so that I write for you a document (by following which) you would never go astray. They said: Allah's Messenger (may peace upon him) is in the state of unconsciousness.

Ibn Abbas reported

When Allah's Messenger (ﷺ) was about to leave this world, there were persons (around him) in his house, 'Umar b. al-Kbattab being one of them. Allah's Apostle (ﷺ) said: Come, I may write for you a document; you would not go astray after that. Thereupon Umar said: Verily Allah's Messenger (ﷺ) is deeply afflicted with pain. You have the Qur'an with you. The Book of Allah is sufficient for us. Those who were present in the house differed. Some of them said: Bring him (the writing material) so that Allah's Messenger (ﷺ) may write a document for you and you would never go astray after him And some among them said what 'Umar had (already) said. When they indulged in nonsense and began to dispute in the presence of Allah's Messenger (ﷺ), he said: Get up (and go away) 'Ubaidullah said: Ibn Abbas used to say: There was a heavy loss, indeed a heavy loss, that, due to their dispute and noise. Allah's Messenger (ﷺ) could not write (or dictate) the document for them.