The Book of Wills - Sunan an-Nasa'i 3635

"I do not have any children apart from one daughter. Shall I bequeath all my wealth?" The Prophet said: "No." He said: "Shall I bequeath half of it?" The Prophet said: "No." He said: "Shall I bequeath one-third of it?" He said: "One-third, and one-third is much or large."

Commentary on the Hadith

This noble hadith establishes the maximum limit for testamentary bequests at one-third of one's estate. The Prophet's repeated refusal of larger portions demonstrates the sanctity of the fixed shares (fara'id) prescribed by Allah for rightful heirs.

The companion's inquiry reveals his concern for his sole daughter's welfare, yet the Prophet guided him to balance between voluntary charity and the rights of legal heirs. The statement "one-third is much" serves as a caution against excessive bequests that might disadvantage compulsory heirs.

Scholars derive from this that while one may bequeath up to one-third, it is preferable to bequeath less if the heirs are in need. The ruling applies regardless of whether one has children or not, ensuring the preservation of inheritance rights established by divine law.

Legal Rulings Derived

• Maximum bequest: One-third of net estate after debts

• Bequests to heirs require consent of other heirs after testator's death

• The one-third limit protects the rights of Quranic heirs

• Bequests exceeding one-third are invalid unless heirs consent

• Preference given to bequeathing less than one-third when possible