Also, he asks: Why is a bequest of more than one-third prohibited?
Machine translationRead the Arabic original
The questioner : Also, he asks: Why is a bequest of more than one-third prohibited?
The Shaykh : A bequest of more than one-third is prohibited because the rights of the heirs are tied to the wealth. If he bequeaths more than one-third, that constitutes an encroachment on their rights. For this reason, when Sa'd ibn Abi Waqqas sought permission from the Messenger of Allah (peace and blessings be upon him) to bequeath two-thirds of his wealth, he said: He said: "Then half?" He said: He said: "Then one-third?" The Prophet (peace and blessings be upon him) said: Sahih Muslim 1628a Thus, the Messenger (peace and blessings be upon him) indicated in this hadith the wisdom behind prohibiting what exceeds one-third. Therefore, if he bequeaths more than one-third and the heirs permit it, there is no harm in it.
The questioner : Yes.
The Shaykh : A bequest of more than one-third is prohibited because the rights of the heirs are tied to the wealth. If he bequeaths more than one-third, that constitutes an encroachment on their rights. For this reason, when Sa'd ibn Abi Waqqas sought permission from the Messenger of Allah (peace and blessings be upon him) to bequeath two-thirds of his wealth, he said:
No.
لاNo.
لاGive one-third (in charity) and that is quite enough. To leave your heirs rich is better than to leave them poor, begging from people
الثلث، والثلث كثير، إنك أن تذر ورثتك أغنياء خيرٌ من أن تذرهم عالةً يتكففون الناسThe questioner : Yes.
