The Book of Wills

كتاب الوصايا

Chapter 7: If A Person Dies Unexpectedly, It Is Recommended For His Family To Give Charity On His Behalf

It was narrated from Sa'eed bin 'Amr bin Shurahbil bin Sa'eed bin Sa'd bin 'Ubadah, from his father, that his grandfather said

"Sa'd bin 'Ubadah went out with the Prophet on one of his campaigns, and death came to his mother in Al-Madinah. It was said to her (as she was dying): 'Make a will.' She said: 'To whom shall I make a will? The wealth belongs to Sa'd.' Then she died before Sa'd came. When Sa'd came, he was told about that and he said: 'O Messenger of Allah, will it benefit her if I give in charity on her behalf?' The Prophet said: 'Yes.' Sa'd said: 'Such and such a garden is given in charity on her behalf' -regarding a garden that he named."

Chapter 9: Mentioning The Different Reports From Sufyan

It was narrated that Ibn 'Abbas said

"Sa'd bin 'Ubadah Al-Ansari consulted the Messenger of Allah about an (outstanding) vow that his mother had to fulfill, but she died before doing so. The Messenger of Allah said: 'Fulfill it on her behalf.'"

It was narrated that Sa'd bin 'Ubadah said

"I said: 'O Messenger of Allah, what kind of charity is best?' He said: 'Providing drinking water.'"

Chapter 10: The Prohibition Of Guardianship Over An Orphan's Property

It was narrated that Abu Dharr said

"The Messenger of Allah said to me: 'O Abu Dharr, I think that you are weak, and I like for you what I like for myself. Do not accept a position of Amir over two people, and do not agree to be the guardian of an orphan's property.'"

Chapter 11: What The Guardian Is Entitled To Of An Orphan's Property If He Takes Care Of It

It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that a man came to the Prophet and said

"I am poor and I do not have anything, and I have an orphan (under my care)." He said: "Eat from the property of your orphan without being extravagant, wasteful or keeping it as capital for yourself."

It was narrated that Ibn 'Abbas said

"When these Verses were revealed - 'And come not near to the orphan's property, except to improve it,' and 'Verily, those who unjustly eat up the property of orphans' - the people avoided the property and food of the orphans. That caused hardship to the Muslims and they complained about that to the Prophet. Then Allah revealed: 'And they ask you concerning orphans. Say: The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers. And Allah knows him who means mischief (e.g. to swallow their property) from him who means good (e.g. to save their property). And if Allah had wished, He could have put you into difficulties.'"

It was narrated that Ibn 'Abbas said -concerning the Verse

"Verily, those who unjustly eat up the property of orphans" -A man would have an orphan in his care, and he would keep his food, drink and vessels separate. This caused hardship to the Muslims, so Allah, the Mighty and Sublime, revealed: "And they ask you concerning orphans. Say: The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers" (in religion), so it is permissible for you to mix with them.

Chapter 12: Avoiding Consuming The Orphan's Property

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

"Avoid the seven sins that doom one to Hell." It was said: "O Messenger of Allah, what are they?" He said: "Associating others with Allah (Shirk), magic, killing a soul whom Allah has forbidden killing, except in cases dictated by Islamic law, consuming Riba, consuming the property of orphans, fleeing on the day of the march (to battlefield), and slandering chaste women who never even think of anything touching their chastity and are good believers."

Chapter 3: Bequeathing One-Third

It was narrated from Muhammad bin Sa'd, from his father Sa'd bin Malik, that the Prophet came to him when he was sick and he said

"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."

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

It was narrated that Ash-Sharid bin Suwaid Ath-Thaqafi said

"I came to the Messenger of Allah and said: 'My mother left a will saying that a slave should be freed on her behalf. I have a Nubian slave girl; will it suffice if I free her on her behalf?' He said: 'Bring her here.' The Prophet said to her: 'Who is your Lord?' She said: 'Allah.' He said: 'Who am I?' She said: 'The Messenger of Allah.' He said: 'Set her free , for she is a believer.'"

It was narrated from Sa'd bin 'Ubadah that he consulted the Prophet 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

It was narrated that Al-Harith bin Miskin said, it being read to him while I was listening

"From Sufyan, from Az-Zuhri, from 'Ubaidullah bin 'Abdullah, from Ibn 'Abbas, that Sa'd bin 'Ubadah consulted the Prophet 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.'"

It was narrated that Ibn 'Abbas said

Sa'd bin 'Ubadah came to the Prophet and said: "My mother has died and she had a vow to fulfill but she did not do so." He said: "Fulfill it on her behalf."

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

It was narrated that Jabir bin 'Abdullah said

"My father died owing debts. I offered to his creditors that they could take the fruits in lieu of what he owed them, but they refused as they thought that it would not cover the debt. I went to the Messenger of Allah and told him about that, he said: 'When you pick the dates and have put them in the Mirbad (place for drying dates), call me.' When I had picked the dates and put them in the Mirbad, I went to the Messenger of Allah and he came, accompanied by Abu Bakr and 'Umar. He sat on (the dates) and prayed for blessing. Then he said: 'Call your creditors and pay them off.' I did not leave anyone to whom my father owed anything but I paid him off, and I had thirteen Wasqs left over. I mentioned that to him and he smiled and said: 'Go to Abu Bakr and 'Umar and tell them about that.' So I went to Abu Bakr and 'Umar and told them about that, and they said: 'We knew, when the Messenger of Allah did what he did, that this would happen.'"

Chapter 5: Invalidating Bequests To Heirs

It was narrated that 'Amr bin Kharijah said

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

Chapter 6: When One Exhorts His Closest Kinsmen

Abu Hurairah said

"The Messenger of Allah stood up when the following was revealed to him: 'And warn your tribe (O Muhammad) of near kindred,' and said: 'O Quraish! Buy your souls from your Lord, I cannot avail you anything before Allah. O Banu 'Abd Manaf! 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! Ask me for whatever you want, I cannot avail you anything before Allah.'"

It was narrated that 'Aishah said

"When this verse- 'And warn your tribe (O Muhammad) of near kindred'- was revealed, the Messenger of Allah said: 'O Fatimah, daughter of Muhammad! O Safiyyah bint 'Abdul-Muttalib! O Banu 'Abdul-Muttalib! I cannot avail you anything before Allah; ask me for whatever you want of my wealth.'"

Chapter 7: If A Person Dies Unexpectedly, It Is Recommended For His Family To Give Charity On His Behalf

It was narrated from 'Aishah that a man said to the Messenger of Allah

"My mother died unexpectedly; if she had been able to speak she would have given charity. Should I give charity on her behalf?" The Messenger of Allah said: "Yes." So he gave charity on her behalf.

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

It was narrated from Ibn 'Abbas that Sa'd asked the Prophet

"My mother died and did not leave a will; shall I give charity on her behalf?" He said: "Yes."

It was narrated from Sa'd bin 'Ubadah that he came to the Prophet and said

"My mother has died and she had a vow to fulfill. Will it suffice if I free a slave on her behalf?" He said: "Free a slave on behalf of your mother."