"The Prophet used to visit him when he was in Makkah, and he did not want to die in the land from which he had emigrated. The Prophet said: 'May Allah have mercy on Sa'd bin 'Afra.' He had only one daughter, and he said: 'O Messenger of Allah, shall I bequeath all my wealth?' He said: 'No.' I said: 'Half?' He said: 'No.' I said: 'One-third?' He said: 'One-third, and one-third is a lot. For you to leave your heirs independent of means is better than if you were to leave them poor, holding out their hands to people.'"
The Book of Wills - Sunan an-Nasa'i 3628
A commentary on the hadith concerning bequests and the proper portion for inheritance.
Context and Background
This narration concerns Sa'd bin 'Afra, a Companion who emigrated from Makkah but wished to return. The Prophet's supplication for him indicates his virtue. The discussion about bequests occurred as he had only one daughter and was concerned about her inheritance.
Scholarly Commentary
The Prophet's gradual rejection of giving all or half of one's wealth as a bequest establishes that the maximum recommended bequest is one-third. This limitation protects the fixed shares of inheritors ordained by Allah.
"One-third is a lot" indicates that even this amount should be carefully considered. The priority is ensuring heirs are self-sufficient rather than burdening them with excessive charitable giving that may leave them impoverished.
The wisdom behind this ruling balances the desire for ongoing charity with the obligation to provide for one's family. Leaving heirs financially secure is superior to forcing them into dependency on others.
Legal Rulings Derived
Bequests exceeding one-third of the estate require heirs' consent after death.
The fixed inheritance shares in Islamic law take precedence over voluntary bequests.
Providing for heirs' needs takes priority over optional charitable giving.