Bk 13 Bequests (Kitab Al−Wasiyya)
INTRODUCTION
A bequest (WasIyya) or will is defined as a transfer to come
into operation after the testator's death. The testator is
called Musi, and the legatee or devisee is called Musa lahu,
and the executor is called Wasi. It is a spiritual testament
of a man enabling him to make up his shortcomings in the
worldly life and securing rewards in the Hereafter. According
to the Shar'iah, one is entitled to make a will for one−third
of one's property and not beyond that so that the rights of
the legal heirs are not adversely affected. " Again, the
principle on which the legality of a testamentary disposition
is based being in defeance pro tanto of the rights of heirs
generally the law requires that such disposition should be for
the benefit of non−heirs alone. " A further reason why a
bequest in favour of an heir is not allowed is that it would
amount to giving preference to some heirs over others, thus
defeating the spirit of the law which has fixed the portion of
each in the inheritance and causing disputes among persons
related to one another. If the other heirs consent to a
bequest to one of them or to a bequest of more than one−third
of the estate, the above reasons no longer hold good and the
bequest as made will be valid" (Abdur Rahim, The Principles of
Muhammadan jurisprudence, pp. 311−2). It is, however,
preferable and most advisable not to will away the property if
the legal heirs are poor, because it manifests benevolence to
the heirs who have superior claim to it from the relations in
which they stand. Another principle which is observed in case
of bequest is that the proprietary right of a legatee in a
bequest is establislied if he accepts it.
Chapter 1: ONE SHOULD MAKE IT A POINT TO WRITE THE WILL
Bk 13, Number 3987:
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: It is the duty of
a Muslim who has something which is to be given as a bequest
not to have it for two nights without having his will written
down regarding it.
Bk 13, Number 3988:
This hadith has been narrated on the authority of 'Ubaidullah
with the same chain of transmitters. but with a slight
variation of words.
Bk 13, Number 3989:
A hadith like this have been narrated on the authority of
Nifi', who based his narrations of the words of Ibn 'Umar but
with a slight variation of words.
Bk 13, Number 3990:
Salim reported on the authority of his father ('Abdullah b.
Umar) that he (his father) had heard Allah's Messenger (may
peace be upon him) as saying: It is not proper for a Muslim
who has got something to bequeathe to spend even three nights
without having his will written down with him regarding it.
'Abdullah b. 'Umar (Allah be pleased with them) said: Ever
since I heard Allah's Messenger (may peace be upon him) say
this I have not spent a night without having my will (written)
along with me. This hadith has been narrated on the authority
of Zuhri with the same chain of transmitters.
Chapter 2: WILL CAN BE MADE ONLY FOR ONE−THIRD
Bk 13, Number 3991:
Amir b. Sa'd reported on the authority of his father (Sa'd b.
Abi Waqqas): Allah's Messenger (may peace be upon him) visited
me in my illness which brought me near death in the year of
Hajjat−ul−Wada' (Farewell Pilgrimage). I said: Allah's
Messenger, you can well see the pain with which I am afflicted
and I am a man possessing wealth, and there is none to inherit
me except only one daughter. Should I give two−thirds of my
property as Sadaqa? He said: No. I said: Should I give half
(of my property) as Sadaqa? He said: No. He (further) said:
Give one−third (in charity) and that is quite enough. To leave
your heirs rich is better than to leave them poor, begging
from people; that you would never incur an expense seeking
therewith the pleasure of Allah, but you would be rewarded
therefor, even for a morsel of food that you put in the mouth
of your wife. I said: Allah's Messenger. would I survive my
companions? He (the Holy Prophet) said: If you survive them,
then do such a deed by means of which you seek the pleasure of
Allah, but you would increase in your status (in religion) and
prestige; you may survive so that people would benefit from
you, and others would be harmed by you. (The Holy Prophet)
further said: Allah, complete for my Companions their
migration, and not cause them to turn back upon their heels.
Sa'd b. Khaula is, however, unfortunate. Allah's Messenger
(may peace be upon him) felt grief for him as he had died in
Mecca.
Bk 13, Number 3992:
This hadith is narrated on the authority of Zuhri with the
same chain of transmitters.
Bk 13, Number 3993:
'Amir b. Sa'd reported from S'ad (b. Abu Waqqas): Allah's
Apostle (may peace be upon him) visited me to inquire after my
health, the rest of the hadith is the same as transmitted on
the authority of Zuhri, but lie did not make mention of the
words of Allah's Apostle (may peace be upon him) in regard to
Sa'd b. Khaula except this that he said:" He (the Holy
Prophet) did not like death in the land from which lie had
migrated."
Bk 13, Number 3994:
Mus'ab b. Sa'd reported on the authority of his father. I was
ailing. I sent message to Allah's Apostle (may peace be upon
him) saying: Permit me to give away my property as I like. He
refused. I (again) said: (Permit me) to give away half. He
(again refused). I (again said): Then one−third. He (the Holy
Prophet) observed silence after (I had asked permission to
give away) one−third. He (the narrater) said: It was then that
endowment of one−third became permissible.
Bk 13, Number 3995:
This hadith has been narrated on the authority of Simak with
the same chain of transmitters. But he did not mention:" It
was then that one−third became permissible."
Bk 13, Number 3996:
Ibn Sa'd reported his father as saying: Allah's Apostle (may
peace be upon him) visited me during my illness. I said: I am
willing away the whole of my property. He said: No. I said:
Then half? He said: No. I said: Should I will away one−third?
He said: Yes, and even one−third is enough.
Bk 13, Number 3997:
Humaid b. 'Abd al−Rahman al−Himyari reported from three of the
sons of Sa'd all of whom reported from their father that
Allah's Apostle (may peace be upon him) visited Sa'd as he was
ill in Mecca. He (Sa'd) wept. He (the Holy Prophet) said: What
makes you weep? He said: I am afraid I may die in the land
from where I migrated as Sa'd b. Khaula had died. Thereupon
Allah's Apostle (may peace be upon him) said: O Allah, grant
health to Sa'd. O Allah, grant health to Sad. He repeated it
three times. He (Sa'd) said: Allah's Messenger, I own a large
property and I have only one daughter as my inheritor. Should
I not will away the whole of my property? He (the Holy
Prophet) said: No. He said: (Should I not will away, )
two−thirds of the property? he (the Holy Prophet) said: No. He
(Sa'd) (again) said: (Should I not will away) half (of my
property)? He said: No. He (Sa'd) said: Then one−third?
Thereupon he (the Holy Prophet) said: (Yes), one−third, and
one−third is quite substanial. And what you spend as charity
from your property is Sadaqa and flour spending on your family
is also Sadaqa, and what your wife eats from your property is
also Sadaqa, and that you leave your heirs well off (or he
said: prospreous) is better than to leave them (poor and)
begging from people. He (the Holy Prophet) pointed this with
his hands.
Bk 13, Number 3998:
Humaid b. Abd al−Rahmin al−Himayri reported on the authority
of the three of the sons of Sa'd: They said: Sa'd fell ill in
Mecca. Allah's Messenger (may peace be upon him) visited him
to inquire after his health. The rest of the hadith is the
same.
Bk 13, Number 3999:
Humaid b. Abd al−Rahman reported this hadith on the authority
of three of Sa'd's sons: Sa'd fell ill in Mecca and Allah's
Apostle (may peace be upon him) visited him. The rest of the
hadith is the same.
Bk 13, Number 4000:
Ibn 'Abbas (Allah be pleased with them) said: (I wish) if
people would reduce from third to fourth (part for making a
will of their property), for Allah's Messenger (may peace be
upon him) said: So far as the third (part) is concerned it is
quite substantial. In the hadith transmitted on the authority
of Waki (the words are)" large" or" much".
Chapter 3: THE DECEASED IS ENTITLED TO REWARD FOR THE SADAQA
GIVEN AFTER HIS DEATH
Bk 13, Number 4001:
Abu Huraira (Allah be pleased with him) reported that a person
said to Allah's Apostle (may peace be upon him): My father
died and left behind property without making any will
regarding it. Would he be relieved of the burden of his sing
if I give sadaqa on his behalf? He (the Holy Prophet) said:
Yea.
Bk 13, Number 4002:
A'isha (Allah be pleased with her) reported that a man said to
Allah's Apostle (may peace be upon him): My mother died all of
a sudden, and I think if she (could have the opportunity) to
speak she would have (made a will) regarding Sadaqa'. Will I
be entitled to reward if I give charity on her behalf? He (the
Holy Prophet) said: Yes.
Bk 13, Number 4003:
A'isha (Allah be pleased with her) reported that a man came to
Allah's Apostle (may peace be upon him) and said: Allah's
Messenger, my mother died all of a sudden without making any
will. I think if (she could have the opportunity) to speak she
would have made a Sadaqa. Would there be any reward for her if
I give charity on her behalf? He (the Holy Prophet) said: Yes.
Bk 13, Number 4004:
This hadith has been narrated on the authority of Hisham b.
'Urwa with the same chain of transmitters.
Chapter 4: WHAT REWARD MAN GETS AFTER HIS DEATH
Bk 13, Number 4005:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: When a man dies,
his acts come to an end, but three, recurring charity, or
knowledge (by which people) benefit, or a pious son, who prays
for him (for the deceased).
Chapter 5: WAQF
Bk 13, Number 4006:
Ibn Umar reported: Umar acquired a land at Khaibar. He came to
Allah's Apostle (may peace be upon him) and sought his advice
in regard to it. He said: Allah's Messenger, I have acquired
land in Khaibar. I have never acquired property more valuable
for me than this, so what do you command me to do with it?
Thereupon he (Allah's Apostle) said: If you like, you may keep
the corpus intact and give its produce as Sadaqa. So 'Umar
gave it as Sadaqa declaring that property must not be sold or
inherited or given away as gift. And Umar devoted it to the
poor, to the nearest kin, and to the emancipation of slaves,
aired in the way of Allah and guests. There is no sin for one,
who administers it if he eats something from it in a
reasonable manner, or if he feeds his friends and does not
hoard up goods (for himself). He (the narrator) said: I
narrated this hadith to Muhammad, but as I reached the
(words)" without hoarding (for himself) out of it." he
(Muhammad' said:" without storing the property with a view to
becoming rich." Ibn 'Aun said: He who read this book
(pertaining to Waqf) informed me that in it (the words are)"
without storing the property with a view to becoming rich."
Bk 13, Number 4007:
This hadith has been narrated on the authority of Ibn 'Aun
with the same chain of transmitters up to the words:" Or he
may feed the friend withoiut hoarding from it" and he made no
mention of what follows.
Bk 13, Number 4008:
'Umar reported: I acquired land from the lands of Khaibar. I
came to Allah's Messenger (may peace be upon him) and said: I
have acquired a piece of land. Never have I acquired land more
loved by me and more cherished by me than this. The rest of
the hadith is the same, but he made no mention of this:" I
narrated it to Muhammad" and what follows.
Chapter 6: HE WHO HAS NOT ANYTHING WITH HIM TO WILL AWAY
SHOULD NOT DO IT
Bk 13, Number 4009:
Talha b. Musarrif reported: I asked 'Abdullah b. Abu Aufa
whether Allah's Messenger (may peace be upon him) had made any
will (in regard to his property). He said: NO. I said: Then
why has making of will been made necessary for the Muslims, or
why were they commanded to make will? Thereupon he said: He
made the will according to the Book of Allah, the Exalted and
Majestic.
Bk 13, Number 4010:
This hadith has been narrated on the authority of Malik b.
Mighwal with the same chain of transmitters but with a slight
variation of words. In the hadith related by Waki (the words
are)" I said: How the people have been ordered about the will"
; and in the hadith of Ibn Numair (the words are):" How the
will has been prescribed for the Muslims, '.
Bk 13, Number 4011:
A'isha reported: Allah's Messenger (may peace be upon him)
left neither dinar nor dirham (wealth in the form of cash),
nor goats (and sheep), nor camels. And he made no will about
anything (in regard to his material possessions, as he had
none),
Bk 13, Number 4012:
This hadith has been narrated on the authority of A'mash with
the same chain of transmitters.
Bk 13, Number 4013:
Aswad b. Yazid reported: It was mentioned before A'isha that
will had been made (by the Holy Prophet) in favour of 'Ali (as
the Prophet's first caliph), whereupon she said: When did he
make will in his favour? I had been providing support to him
(to the Holy Prophet) with my chest (or with my lap). He asked
for a tray, when he fell in my lap (relaxing his body), and I
did not realise that he had breathed his last. When did he
make any will in his ('Ali's) favour?
Bk 13, Number 4014:
Sa'id b. Jubair reported that Ibn 'Abbas said: Thursday, (and
then said): What is this Thursday? He then wept so much that
his tears moistened the pebbles. I said: Ibn 'Abbas, what is
(significant) about Thursday? He (Ibn 'Abbas) said: The
illness of Allah's Messenger (may peace be upon him) took a
serious turn (on this day), and he said: Come to me, so that I
should write for you a document that you may not go astray
after me. They (the Companions around him) disputed, and it is
not meet to dispute in the presence of the Apostle. They said:
How is lie (Allah's Apostle)? Has he lost his consciousness?
Try to learn from him (this point). He (the Holy Prophet)
said: Leave me. I am better in the state (than the one in
which you are engaged). I make a will about three things: Turn
out the polytheists from the territory of Arabia; show
hospitality to the (foreign) delegations as I used to show
them hospitality. He (the narrator) said: He (Ibn Abbas) kept
silent on the third point, or he (the narrator) said: But I
forgot that.
Bk 13, Number 4015:
Sa'id b. Jubair reported from Ibn Abbas that he said:
Thursday, and what about Thursday? Then tears began to flow
until I saw them on his cheeks as it they were the strings of
pearls. He (the narrator) said that Allah's Messenger (may
peace be upon him) said: Bring me a shoulder blade and ink−pot
(or tablet and inkpot), so that I write for you a document (by
following which) you would never go astray. They said: Allah's
Messenger (may peace upon him) is in the state of
unconsciousness.
Bk 13, Number 4016:
Ibn Abbas reported: When Allah's Messenger (may peace be upon
him) was about to leave this world, there were persons (around
him) in his house, 'Umar b. al−Kbattab being one of them.
Allah's Apostle (may peace be upon him) said: Come, I may
write for you a document; you would not go astray after that.
Thereupon Umar said: Verily Allah's Messenger (may peace be
upon him) is deeply afflicted with pain. You have the Qur'an
with you. The Book of Allah is sufficient for us. Those who
were present in the house differed. Some of them said: Bring
him (the writing material) so that Allah's Messenger (may
peace be upon him) may write a document for you and you would
never go astray after him And some among them said what 'Umar
had (already) said. When they indulged in nonsense and began
to dispute in the presence of Allah's Messenger (may peace be
upon him), he said: Get up (and go away) 'Ubaidullah said: Ibn
Abbas used to say: There was a heavy loss, indeed a heavy
loss, that, due to their dispute and noise. Allah's Messenger
(may peace be upon him) could not write (or dictate) the
document for them.
