The ruling on bequeathing all of one's wealth and on what is spent on sins and permissible matters
Machine translationRead the Arabic original
The questioner:
What does Abu Bakrah carry with all of his wealth?
The Shaykh:
For the cause of Allah, because he is a man of work, a man of trade, he spends and he has earnings, praise be to Allah. It is a kindness to you. And he said to Abu ibn Umayyah: A third for you from your wealth.
Another questioner:
He should leave behind for those who have a right upon him.
The Shaykh:
He leaves himself in a state of poverty.
Another questioner:
If a person is in debt and dies before two nights have passed, does he inherit if he did not write a will? I mean, he died before two nights, meaning he borrowed from a person and passed away on the same day without writing a will. Does he inherit?
The Shaykh:
And he did not write down what was owed to him, and there is no proof.
Another questioner:
No, he did not write it down; he passed away and did not write it down.
The Shaykh:
That is not sufficient. If the loan is secured by witnesses or a written document, that is sufficient. It is considered valid if he was lenient regarding the loan and the debt, and there are no witnesses, because he neglected his brother's right.
Another questioner:
But the answer is in the hadith; it has no relation to the name.
The Shaykh:
Rather, if the debt is secured, he owes nothing. I mean, there is nothing to be ashamed of. As for a debt secured by proof or a document, praise be to Allah.
Another questioner:
And if he is traveling.
The Shaykh:
And not with trousers or with caution in all cases; if it is a draft, there is no caution, or if it is with its owner and there is a document, there is no caution.
The questioner:
May Allah keep you safe. Some people hold onto the presumption of innocence.
The Shaykh:
Perfect.
The questioner:
You see me things that are written on paper.
The Shaykh:
The rule is a third or less; this is the rule. So a bequest of a third or less. And if he sees that even bread, or sajj, or a shemagh is enough to satisfy them and cover their needs, then a third or less is his right. Charity among them is better. If they are in need, a little charity among them is better. Charity and reconciliation. Yes. Look.
The questioner:
It was not during the illness of death. Yes.
The Shaykh:
Even if he is in sound health, he may bequeath a third, or a fifth, or a quarter, whether he is fasting or not ill. The bequest of some of the assets to some of the real estate. There is no harm. If he bequeaths a house and it is the amount of a third, there is no harm. Or if he bequeaths a shop, or bequeaths palm trees, and it is the amount of a third or less, as he stipulated. Or if he bequeaths a car, or a camel, or sheep, and it is less than a third or the amount of a third, there is no contradiction. The meaning of the satisfaction of worship is that the sheep and camels are from...
Another questioner:
If he bequeaths what is forbidden, is it the one who arranged it?
The Shaykh:
He bequeathed sins. He bequeathed that so-and-so should buy wine, or tobacco, or thousands of... what is not spent.
The questioner:
Even if he bequeaths something permissible.
The Shaykh:
It is with them, or he prays in the year that he gives a car, and it is from the third. Or he bequeaths that he gives such and such clothes, or such and such vessels, or such and such weapons. It is included in the third.
What does Abu Bakrah carry with all of his wealth?
The Shaykh:
For the cause of Allah, because he is a man of work, a man of trade, he spends and he has earnings, praise be to Allah.
Bequeath some of your wealth
مالك أنشك عليك بعض مالكAnother questioner:
He should leave behind for those who have a right upon him.
The Shaykh:
He leaves himself in a state of poverty.
Another questioner:
If a person is in debt and dies before two nights have passed, does he inherit if he did not write a will? I mean, he died before two nights, meaning he borrowed from a person and passed away on the same day without writing a will. Does he inherit?
The Shaykh:
And he did not write down what was owed to him, and there is no proof.
Another questioner:
No, he did not write it down; he passed away and did not write it down.
The Shaykh:
That is not sufficient. If the loan is secured by witnesses or a written document, that is sufficient. It is considered valid if he was lenient regarding the loan and the debt, and there are no witnesses, because he neglected his brother's right.
Another questioner:
But the answer is in the hadith; it has no relation to the name.
The Shaykh:
Rather, if the debt is secured, he owes nothing. I mean, there is nothing to be ashamed of. As for a debt secured by proof or a document, praise be to Allah.
Another questioner:
And if he is traveling.
The Shaykh:
And not with trousers or with caution in all cases; if it is a draft, there is no caution, or if it is with its owner and there is a document, there is no caution.
The questioner:
May Allah keep you safe. Some people hold onto the presumption of innocence.
The Shaykh:
Perfect.
The questioner:
You see me things that are written on paper.
The Shaykh:
The rule is a third or less; this is the rule. So a bequest of a third or less. And if he sees that even bread, or sajj, or a shemagh is enough to satisfy them and cover their needs, then a third or less is his right. Charity among them is better. If they are in need, a little charity among them is better. Charity and reconciliation. Yes. Look.
The questioner:
It was not during the illness of death. Yes.
The Shaykh:
Even if he is in sound health, he may bequeath a third, or a fifth, or a quarter, whether he is fasting or not ill. The bequest of some of the assets to some of the real estate. There is no harm. If he bequeaths a house and it is the amount of a third, there is no harm. Or if he bequeaths a shop, or bequeaths palm trees, and it is the amount of a third or less, as he stipulated. Or if he bequeaths a car, or a camel, or sheep, and it is less than a third or the amount of a third, there is no contradiction. The meaning of the satisfaction of worship is that the sheep and camels are from...
Another questioner:
If he bequeaths what is forbidden, is it the one who arranged it?
The Shaykh:
He bequeathed sins. He bequeathed that so-and-so should buy wine, or tobacco, or thousands of... what is not spent.
The questioner:
Even if he bequeaths something permissible.
The Shaykh:
It is with them, or he prays in the year that he gives a car, and it is from the third. Or he bequeaths that he gives such and such clothes, or such and such vessels, or such and such weapons. It is included in the third.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح الجديد ]، باب الوصايا — islamhouse.com (7:35)
The Arabic text is a machine transcription of the audio recording.