The Book of Wills - Sunan an-Nasa'i 3627

"The Prophet came to visit me when I was in Makkah. I said: 'O Messenger of Allah, shall I bequeath all my money?' He said: 'No.' I said: 'One-half?' He said: 'No.' I said: 'One-third?' He said: '(Bequeath) one-third, and one-third is a lot. If you leave your heirs independent of means, that is better than if you leave them poor and holding out their hands to people.'"

Commentary on the Hadith

This noble hadith establishes the maximum limit for testamentary bequests at one-third of one's estate, as established by the Prophet Muhammad (peace be upon him) himself. The gradual reduction from full estate to half to one-third demonstrates the Prophet's careful consideration of both charitable intentions and the rights of legal heirs.

The phrase "one-third is a lot" serves as a caution against excessive bequests that might disadvantage one's rightful heirs. Islamic inheritance law prioritizes the financial security of immediate family members, and this hadith emphasizes that preserving their dignity and self-sufficiency takes precedence over voluntary charitable giving.

The wisdom behind this ruling ensures a balance between fulfilling one's philanthropic desires through bequests and fulfilling one's primary responsibility toward family members. Leaving heirs financially secure prevents them from becoming dependent on others, which aligns with the Islamic principle of maintaining personal and family honor.

Legal Rulings Derived

The maximum permissible bequest is one-third of the net estate after funeral expenses and debts.

Bequests exceeding one-third require consent from legal heirs after the testator's death.

The primary obligation toward heirs takes precedence over voluntary charitable giving.

The ruling applies regardless of the size of the estate, whether large or small.

Scholarly Insights

Imam al-Nawawi comments that this hadith demonstrates the Prophet's wisdom in gradually guiding the questioner to the appropriate amount, teaching through dialogue rather than immediate commandment.

Ibn Hajar al-Asqalani notes that the prohibition against bequeathing more than one-third applies even if the heirs are wealthy, as the ruling is based on the principle of preserving inheritance rights rather than immediate need.

Contemporary scholars emphasize that this ruling encourages planning one's charitable giving during lifetime rather than relying excessively on posthumous bequests.