The Book of Wills - Sunan an-Nasa'i 3633

"O Messenger of Allah, shall I bequeath two-thirds of my wealth?" He said: "No." He said: "Shall I bequeath half?" He said: "No." He said: "Shall I bequeath one-third?" He said: "Yes, one-third, and one-third is much or large. If you leave your heirs independent of means that is better than if you leave them poor, holding out their hands."

Commentary on the Hadith

This noble hadith from Sunan an-Nasa'i establishes the maximum limit for testamentary bequests at one-third of one's estate. The Prophet ﷺ progressively rejected two-thirds and half before approving one-third, indicating the importance of preserving the rights of legal heirs.

The phrase "one-third is much" serves as a caution that even this approved amount should not be taken lightly, as it significantly reduces the inheritance of rightful heirs. Scholars interpret this as guidance to exercise restraint in bequests unless necessary circumstances warrant otherwise.

The concluding wisdom "If you leave your heirs independent of means that is better than if you leave them poor, holding out their hands" emphasizes the primary obligation toward one's heirs. This teaches that the financial security and dignity of legal heirs take precedence over voluntary bequests to non-heirs.

Legal Rulings Derived

The one-third limit applies to voluntary bequests to non-heirs. Bequests to legal heirs require the consent of other heirs after the testator's death according to scholarly consensus.

If special circumstances exist (such as debts owed to Allah like unpaid zakah or missed fasts), bequests may be necessary even if they approach the one-third limit.

The principle of prioritizing heirs' welfare means that if heirs are financially strained, reducing bequests below one-third is recommended, following the Prophetic guidance of leaving heirs self-sufficient.