"The Messenger of Allah visited me when I was sick, and said: 'Have you made a will?' I said: 'Yes.' He said: 'How much?' I said: 'For all my wealth to be given in the cause of Allah.' He said: 'What have you left for your children?' I said: 'They are rich (independent of means).' He said: 'Bequeath one-tenth.' And we kept discussing it until he said: 'Bequeath one-third, and one-third is much or large.'"
Hadith Text & Reference
"The Messenger of Allah visited me when I was sick, and said: 'Have you made a will?' I said: 'Yes.' He said: 'How much?' I said: 'For all my wealth to be given in the cause of Allah.' He said: 'What have you left for your children?' I said: 'They are rich (independent of means).' He said: 'Bequeath one-tenth.' And we kept discussing it until he said: 'Bequeath one-third, and one-third is much or large.'"
Source: Sunan an-Nasa'i 3631, The Book of Wills
Context & Occasion of Revelation
This hadith reports the visit of Prophet Muhammad (peace be upon him) to Sa'd ibn Abi Waqqas during his illness. Sa'd, being childless at that moment or considering his children financially independent, intended to donate his entire wealth to charity. The Prophet's guidance came to establish the proper balance between charitable giving and family obligations.
Legal Ruling on Bequests
The Prophet's initial suggestion of one-tenth and final recommendation of one-third establishes the maximum recommended portion for bequests to non-heirs. Classical scholars derived from this that one-third represents the upper limit for voluntary bequests, while two-thirds must be preserved for the prescribed heirs according to Islamic inheritance law.
Priority of Family Rights
The Prophet's question "What have you left for your children?" emphasizes the fundamental Islamic principle that family maintenance takes precedence over voluntary charity. Even when children are wealthy, their rights as heirs cannot be completely disregarded in favor of charitable donations.
Wisdom Behind the One-Third Limit
Scholars explain that limiting bequests to one-third prevents the depletion of inheritance for legal heirs while still allowing substantial charity. The Prophet's remark that "one-third is much" indicates that even this amount is considerable and should not be taken lightly, as it significantly reduces what heirs receive.
Practical Application
This hadith forms the basis of Islamic inheritance law regarding bequests. Muslims may will up to one-third of their estate to non-heirs (including charities), provided this doesn't harm the rights of prescribed heirs. The amount can be less than one-third, and in cases where heirs are needy, even one-third might be excessive according to the spirit of this guidance.