The Book of Wills

كتاب الوصايا

Chapter 3: Bequeathing One-Third

It was narrated that Sa'd said

"The Prophet came to visit me when I was in Makkah. I said: 'O Messenger of Allah, shall I bequeath all my money?' He said: 'No.' I said: 'One-half?' He said: 'No.' I said: 'One-third?' He said: '(Bequeath) one-third, and one-third is a lot. If you leave your heirs independent of means, that is better than if you leave them poor and holding out their hands to people.'"

It was narrated from 'Amir bin Sa'd that his father said

"The Prophet used to visit him when he was in Makkah, and he did not want to die in the land from which he had emigrated. The Prophet said: 'May Allah have mercy on Sa'd bin 'Afra.' He had only one daughter, and he said: 'O Messenger of Allah, shall I bequeath all my wealth?' He said: 'No.' I said: 'Half?' He said: 'No.' I said: 'One-third?' He said: 'One-third, and one-third is a lot. For you to leave your heirs independent of means is better than if you were to leave them poor, holding out their hands to people.'"

It was narrated that Ibn 'Abbas said

"If the people were to reduce (their bequests) to one-quarter (of their wealth, that would be better), because the Messenger of Allah said: 'One-third, and one-third is much or large.'"

Chapter 1: It Is Disliked To Delay Making A Will

It was narrated that Ibn 'Umar said

"The Messenger of Allah said: 'It is not befitting for a Muslim who has anything concerning which a will should be made, to abide for two nights without having a written will with him.'"

Chapter 2: Did The Prophet Make A Will?

It was narrated that 'Aishah said

"The Messenger of Allah did not leave behind a Dirham or a Dinar, or a sheep or a camel, and he did not leave any will."

Chapter 5: Invalidating Bequests To Heirs

It was narrated that 'Amr bin Kharijah said

"The Messenger of Allah delivered a Khutbah and said: 'Allah has given every person who has rights his due, and there is no bequest to an heir.'"

It was narrated from Shahr bin Hawshab that Ibn Ghanm mentioned that Ibn Kharijah told him that he saw the Messenger of Allah addressing the people from atop his mount, which was chewing its cud and its saliva was dripping down. The Messenger of Allah said in his Khutbah

"Allah has given each person a share of the inheritance, and it is not permissible to give bequests to an heir."

Chapter 8: The Virtue Of Charity Given On Behalf Of The Deceased

It was narrated from Abu Hurairah that the Messenger of Allah said

"When a man dies all his good deeds come to an end except three: Ongoing charity (Sadaqah Jariyah), beneficial knowledge and a righteous son who prays for him."

It was narrated from Abu Hurairah that a man said to the Prophet

"My father died and left behind wealth, but he did not leave a will. Will it expiate for him if I give charity on his behalf?"

It was narrated from Ibn 'Abbas that a man said

"O Messenger of Allah, my mother died; will it benefit her if I give in charity on her behalf?" He said: "Yes." He said: "I have a garden and I ask you to bear witness that I am giving it in charity on her behalf."

It was narrated that Ibn 'Abbas said

"Sa'd consulted the Messenger of Allah about a vow which his mother had to fulfill, but she died before doing so. The Messenger of Allah said: 'Fulfill it on her behalf.'"

Chapter 9: Mentioning The Different Reports From Sufyan

Muhammad bin 'Abdullah bin Yazid said

"Sufyan narrated to us from Az-Zuhri, from 'Ubaidullah bin 'Abdullah, from Ibn 'Abbas, that Sa'd said: 'My mother died and there was an (outstanding) vow that she had to fulfill. I asked the Prophet and he told me to fulfill it on her behalf.'"

It was narrated from Sa'd bin 'Ubadah that his mother died. He said

"O Messenger of Allah, my mother has died; can I give charity on her behalf?" He said: "Yes." He said: "What kind of charity is best?" He said: "Providing drinking water." And that is the drinking-fountain of Sa'd in Al-Madinah.

Chapter 3: Bequeathing One-Third

Jabir bin 'Abdullah narrated that his father was martyred on the Day of Uhud, and he left behind six daughters, and some outstanding debts. When the time to pick the dates came, I went to the Messenger of Allah and said

"You know that my father was martyred on the Day of Uhud and he left behind a great deal of debt. I would like the creditors to see you." He said: "Go and pile up the dates in separate heaps." I did that, then I called him. When they saw him, it was as if they started to put pressure on me at that time. When he saw what they were doing, he went around the biggest heap three times, then he sat on it then said: "Call your companions (the creditors)." Then he kept on weighing them out for them, until Allah cleared all my father's debts. I am pleased that Allah cleared my father's debts without even a single date being missed.

Chapter 4: Paying Off Debts Before Distributing Inheritance And Mentioning The Difference In The Wordings Of Th

It was narrated from Jabir that his father died owing debts. "I came to the Prophet and said

'(O Messenger of Allah!) My father has died owing debts, and he has not left anything but what his date-palms produce. What his date-palms produce will not pay off his debts for years. Come with me, O Messenger of Allah, so that the creditors will not be harsh with me.' The Messenger of Allah went to each heap, saying Salams and supplicating for it, then sitting on it. He called the creditors and paid them off, and what was left was as much as what they had taken."

It was narrated that Jabir said

"Abdullah bin 'Amr bin Haram died, leaving behind debts. I asked the Messenger of Allah to intercede with his creditors so that they would waive part of the debt. He asked them to do that but they refused. The Prophet said to me: 'Go and sort your dates into their different kinds: The 'Ajwah on one side, the cluster of Ibn Zaid on another side, and so on. Then send for me.' I did that, then the Messenger of Allah came and sat at the head or in the middle of the heaps. Then he said: 'Measure them out for the people.' So I measured them out for them until I had paid them all off, and my dates were left as if nothing had been taken from them."

It was narrated that Jabir bin 'Abdullah said

"My father owed some dates to a Jew. He was killed on the Day of Uhud and he left behind two gardens. The dates owed to the Jew would take up everything in the two gardens. The Prophet said: 'Can you take half this year and half next year?' But the Jew refused. The Prophet said: 'When the time to pick the dates comes, call me.' So I called him and he came, accompanied by Abu Bakr. The dates were picked and weighed from the lowest part of the palm trees, and the Messenger of Allah was praying for blessing, until we paid off everything that we owed him from the smaller of the two gardens, as calculated by 'Ammar. Then I brought them some fresh dates and water and they ate and drank, then he said: 'This is part of the blessing concerning which you will be questioned.'"

Chapter 6: When One Exhorts His Closest Kinsmen

It was narrated that Abu Hurairah said

"When the following was revealed: 'And warn your tribe (O Muhammad) of near kindred,' the Messenger of Allah called the Quraish and they gathered, and he spoke in general and specific terms, then he said: 'O Banu Ka'b bin Lu'ayy! O Banu Murrah bin Ka'b! O Banu 'Abd Shams! O Banu 'Abd Manaf! O Banu Hisham! O Banu 'Abdul-Muttalib! Save yourselves from the Fire! O Fatimah! Save yourself from the Fire. I cannot avail you anything before Allah, but I will uphold the ties of kinship with you."

It was narrated that Musa bin Talhah said

"The Messenger of Allah said: 'O Banu 'Abd Manaf! Buy your souls from your Lord. I cannot avail you anything before Allah. Abu Banu 'Abdul-Muttalib! Buy your souls from your Lord. I cannot avail you anything before Allah. But between me and you there are ties of kinship which I will uphold.'"

It was narrated that Abu Hurairah said

"The Messenger of Allah said, when the Verse: 'And warn your tribe (O Muhammad) of near kindred.' was revealed: 'O Quraish! Buy your souls from your Lord; I cannot avail you anything before Allah. O Banu 'Abdul-Muttalib! I cannot avail you anything before Allah. O 'Abbas bin 'Abdul-Muttalib! I cannot avail you anything before Allah. O Safiyyah, paternal aunt of the Messenger of Allah! I cannot avail you anything before Allah. O Fatimah bint Muhammad! Ask me for whatever you want, I cannot avail you anything before Allah.'"