The Book of Wills - Sunan an-Nasa'i 3632

"O Messenger of Allah, shall I bequeath all of my wealth?" He said: "No." He said: "Half?" He said: "No." He said: "One-third?" He said: "One-third, and one-third is much or large."

Commentary on the Hadith

This noble hadith establishes the maximum permissible limit for bequests in Islamic law. The Prophet ﷺ progressively rejected bequeathing the entire estate and half of it, finally approving one-third as the upper limit.

The wisdom behind this limitation preserves the rights of the prescribed heirs (Qur'anic heirs) who have fixed shares in the estate. Bequeathing more than one-third would unjustly diminish their rightful inheritance.

The Prophet's ﷺ statement "one-third is much" serves as a gentle admonition, encouraging moderation even within the permitted limit. Scholars interpret this as recommending less than one-third when possible, especially when heirs are in need.

This ruling applies specifically to voluntary bequests beyond the fixed inheritance shares. It demonstrates Islam's balanced approach to personal discretion in wealth distribution while safeguarding the rights of family members.

Legal Implications

The one-third limit applies to the net estate after funeral expenses and debts are paid.

Bequests cannot be made to legal heirs who automatically receive their Qur'anic shares, unless other heirs consent after the testator's death.

This ruling emphasizes the importance of preserving the Islamic inheritance system while allowing some flexibility for additional beneficiaries.