The Book of Wills - Sunan an-Nasa'i 3630

"O Messenger of Allah, am I to die in the land from which I emigrated?" He said: "No, if Allah wills." He said: "O Messenger of Allah, shall I bequeath all of my wealth in the cause of Allah?" He said: "No." He said: "Two-thirds?" He said: "No." He said: "Half of it?" He said: "No." He said: "One-third of it?" The Messenger of Allah said: "One-third, and one-third is a lot. If you leave your sons independent of means that is better than if you leave them poor, holding out their hands to people."

Commentary on the Hadith

This noble hadith from Sunan an-Nasa'i contains profound wisdom regarding testamentary bequests. The Prophet (peace be upon him) establishes the maximum permissible bequest at one-third of one's estate, emphasizing that even this amount is considerable.

The wisdom behind this limitation is to protect the rights of legal heirs while allowing some flexibility for charitable purposes. The Prophet's statement "one-third is a lot" serves as a caution against excessive bequests that might impoverish one's heirs.

The final portion highlights the importance of leaving heirs financially secure rather than dependent on others. This reflects Islam's comprehensive approach to wealth distribution, balancing individual charity with family welfare and social responsibility.

Legal Rulings Derived

The maximum permissible bequest is one-third of the estate, and this should only be to non-heirs.

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

Priority should be given to ensuring the financial independence of one's children and dependents.

The prohibition against bequeathing more than one-third applies even for charitable purposes, maintaining balance in wealth distribution.