He was asked about the authenticity of the hadith: “No one should spend the night unless his will is written under his head.”
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The questioner: The second question, if you please, is that I do not memorize the hadith, but I heard that one must not sleep unless he has written his will?
The Shaykh : That is correct, and the hadith reported on this matter is authentic. However, the ruling differs according to the person. For example, if a person has no rights owed to him by people, and no one has a right upon him, then there is no harm if he does not write a will, except in one case: if he has relatives around him who might contravene the Shari'ah when the time of death comes for this testator. In that case, he must instruct his family to obey Allah (Mighty and Majestic) and not disobey Him on the occasion of his death. Is this answer clear?
The questioner: Yes, it is clear.
The Shaykh : This is what is intended by the will.
The questioner: So, for example, I am not required to write it.
The Shaykh : But you are telling me about an unknown person. When you say “like me,” I cannot take you as a specific case, and this is natural. I do not know if you are poor or wealthy, or if you live in a Muslim home that is committed to the Book and the Sunnah, or not. The important thing is that you have understood the answer, so you can now apply the ruling to yourself. If you are wealthy and have debts owed to you and debts you owe to people, such that the heirs might not pay them, you must write your will. Or if you have debts, you must clarify what debts you have, and so on. And if you have relatives and you are wealthy, you must bequeath to someone who is not an heir. So I have given you the general answer with the principles of clarification.
The questioner: So, for example, if one lives in a Muslim family, and I have no debts to people, which is natural, and I have no debts, which is natural, then I do not write it, and they will divide the estate according to the Shari'ah, meaning it is not obligatory that we must write it.
The Shaykh : Yes, it is so.
The questioner: Okay, may Allah reward you.
The Shaykh : And may Allah bless you.
The questioner : Goodbye.
The Shaykh : May Allah keep you safe.
The Shaykh : That is correct, and the hadith reported on this matter is authentic. However, the ruling differs according to the person. For example, if a person has no rights owed to him by people, and no one has a right upon him, then there is no harm if he does not write a will, except in one case: if he has relatives around him who might contravene the Shari'ah when the time of death comes for this testator. In that case, he must instruct his family to obey Allah (Mighty and Majestic) and not disobey Him on the occasion of his death. Is this answer clear?
The questioner: Yes, it is clear.
The Shaykh : This is what is intended by the will.
The questioner: So, for example, I am not required to write it.
The Shaykh : But you are telling me about an unknown person. When you say “like me,” I cannot take you as a specific case, and this is natural. I do not know if you are poor or wealthy, or if you live in a Muslim home that is committed to the Book and the Sunnah, or not. The important thing is that you have understood the answer, so you can now apply the ruling to yourself. If you are wealthy and have debts owed to you and debts you owe to people, such that the heirs might not pay them, you must write your will. Or if you have debts, you must clarify what debts you have, and so on. And if you have relatives and you are wealthy, you must bequeath to someone who is not an heir. So I have given you the general answer with the principles of clarification.
The questioner: So, for example, if one lives in a Muslim family, and I have no debts to people, which is natural, and I have no debts, which is natural, then I do not write it, and they will divide the estate according to the Shari'ah, meaning it is not obligatory that we must write it.
The Shaykh : Yes, it is so.
The questioner: Okay, may Allah reward you.
The Shaykh : And may Allah bless you.
The questioner : Goodbye.
The Shaykh : May Allah keep you safe.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.