If a woman bequeaths half of her wealth to be spent in the cause of Allah, does she sin in doing so, given that her heirs do not need her wealth, meaning they are not poor?
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The questioner : The questioner says: If a woman bequeaths half of her wealth to be spent in the cause of Allah, does she sin in doing so? Given that her heirs do not need her wealth, meaning they are not poor?
The Shaykh : It is not permissible for a man or a woman to bequeath more than one-third, because it is established in the two Sahihs and others: Therefore, it is forbidden for a person to bequeath more than one-third. If he does so, whether out of ignorance or negligence and carelessness, the heirs after him have the right to take what exceeds the one-third, and they should not execute anything but the one-third only. Based on this, we say to this woman: Beware of bequeathing more than one-third. Bequeath the one-third, for there is good in it. For this reason, the Prophet (peace and blessings be upon him) said: Musannaf Abd al-Razzaq 23:3 So, whoever loves to give charity should give it while he is healthy and stingy, before he becomes ill and before he dies. This saves him from blame in one respect, and his soul is at peace that he placed the wealth where he wants it, because he might bequeath something and the heirs might be negligent about it and not fulfill it as the bequeather wants.
The questioner : May Allah reward you with good.
The Shaykh : It is not permissible for a man or a woman to bequeath more than one-third, because it is established in the two Sahihs and others:
The Prophet (peace and blessings be upon him) visited Sa'd ibn Abi Waqqas when he was ill and said to him: "O Messenger of Allah! I have wealth, and my only heir is my daughter. Should I give away two-thirds of my wealth as charity?" He said: "No." He said: "Should I give away half?" He said: "No." He said: "Should I give away one-third?" He said: "One-third, and one-third is a lot. It is better for you to leave your heirs wealthy than to leave them poor, begging from people."
أن النبي صلى الله عليه وسلم عاد سعد بن أبي وقاص من مرض كان به فقال له: يا رسول الله! إني ذو مال ولا يرثني إلا ابنة لي، أفأتصدق بثلثي مالي؟ قال: لا، قال: أتصدق بالشطر أي: بالنصف؟ قال: لا، قال: أتصدق بالثلث؟ قال: الثلث والثلث كثير، إنك أن تذر ورثتك أغنياء خير من أن تذرهم عالةً يتكففون الناسThe best charity is that you give charity while you are healthy and stingy, hoping to live and fearing poverty. Do not delay until the soul reaches the throat, when you say: "So much for so-and-so, and so much for so-and-so," while it was already for so-and-so.
خير الصدقة أن تصدق وأنت صحيح شحيح تأمل البقاء وتخشى الفقر، ولا تمهل حتى إذا بلغت الحلقوم قلت: لفلان كذا، ولفلان كذا، وقد كان لفلانThe questioner : May Allah reward you with good.