The Ruling on Writing a Will
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Question:
May Allah reward you with good. Is it obligatory for a person to write a will before his death? Is it obligatory for every person to write a will for his family? And what should this will contain? May Allah reward you with good.
Answer:
A will falls into two categories. The first category is to make a will regarding what one owns and what is owed to people, such as rights and debts. This is obligatory if one has rights and debts owed to people for which there are no documents proving them; in that case, he must make a will regarding them. Likewise, if people owe him debts for which there are no fixed documents, he must also clarify them and make a will regarding them so that they are not lost. Thus, it is obligatory to make a will regarding what one owns and what is owed to people so that it is not lost after his death.
The second type is a recommended will, which is to bequeath one-third of one's wealth or less, to be spent on righteous deeds so that its reward reaches him. This is recommended if his heirs are wealthy; in that case, it is recommended for him to make a will. If his heirs are poor, it is better not to make a will but to leave the wealth for them, and he will have a reward for that. The Prophet (peace and blessings be upon him) said:Sunan al-Bayhaqi 10:31. It is recommended for one who has wealth and whose heir is wealthy to bequeath one-third or less in the cause of righteousness after his death, and this is not obligatory.
Likewise, he should advise his children, his children's children, and his Muslim brothers to fear Allah and to persist in obedience, and he should advise his family to do the same after his death. This is recommended for him, as Allah the Exalted mentioned regarding Ya'qub (peace be upon him) that when death approached him, He said:[Al-Baqarah 2:133] He said: [Al-Baqarah 2:132-133] This is among the recommended practices (sunnah). Yes.
May Allah reward you with good. Is it obligatory for a person to write a will before his death? Is it obligatory for every person to write a will for his family? And what should this will contain? May Allah reward you with good.
Answer:
A will falls into two categories. The first category is to make a will regarding what one owns and what is owed to people, such as rights and debts. This is obligatory if one has rights and debts owed to people for which there are no documents proving them; in that case, he must make a will regarding them. Likewise, if people owe him debts for which there are no fixed documents, he must also clarify them and make a will regarding them so that they are not lost. Thus, it is obligatory to make a will regarding what one owns and what is owed to people so that it is not lost after his death.
The second type is a recommended will, which is to bequeath one-third of one's wealth or less, to be spent on righteous deeds so that its reward reaches him. This is recommended if his heirs are wealthy; in that case, it is recommended for him to make a will. If his heirs are poor, it is better not to make a will but to leave the wealth for them, and he will have a reward for that. The Prophet (peace and blessings be upon him) said:
Your heirs being wealthy is better for you than leaving them as a burden, begging from people.
ورثتك أغنياء خير لك من أن تذرهم عالة يتكففون الناسLikewise, he should advise his children, his children's children, and his Muslim brothers to fear Allah and to persist in obedience, and he should advise his family to do the same after his death. This is recommended for him, as Allah the Exalted mentioned regarding Ya'qub (peace be upon him) that when death approached him, He said:
Or were you witnesses when death approached Jacob, when he said to his sons, "What will you worship after me?" They said, "We will worship your God and the God of your fathers, Abraham and Ishmael and Isaac - one God. And we are Muslims [in submission] to Him."
أَمْ كُنتُمْ شُهَدَاءَ إِذْ حَضَرَ يَعْقُوبَ الْمَوْتُ إِذْ قَالَ لِبَنِيهِ مَا تَعْبُدُونَ مِن بَعْدِي قَالُوا نَعْبُدُ إِلَٰهَكَ وَإِلَٰهَ آبَائِكَ إِبْرَاهِيمَ وَإِسْمَاعِيلَ وَإِسْحَاقَ إِلَٰهًا وَاحِدًا وَنَحْنُ لَهُ مُسْلِمُونَ(132) And Abraham instructed his sons [to do the same] and [so did] Jacob, [saying], "O my sons, indeed Allah has chosen for you this religion, so do not die except while you are Muslims." (133) Or were you witnesses when death approached Jacob, when he said to his sons, "What will you worship after me?" They said, "We will worship your God and the God of your fathers, Abraham and Ishmael and Isaac - one God. And we are Muslims [in submission] to Him."
وَوَصَّىٰ بِهَا إِبْرَاهِيمُ بَنِيهِ وَيَعْقُوبُ يَا بَنِيَّ إِنَّ اللَّهَ اصْطَفَىٰ لَكُمُ الدِّينَ فَلَا تَمُوتُنَّ إِلَّا وَأَنتُم مُّسْلِمُونَ أَمْ كُنتُمْ شُهَدَاءَ إِذْ حَضَرَ يَعْقُوبَ الْمَوْتُ
Source
قناة «العلامة الدكتور صالح الفوزان»، حكم كتابة الوصية – الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.