The Ruling on the Bequest and Its Legal Text
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Question: Is writing a bequest obligatory? And are witnesses required for it? Since I do not know the legal text, I ask you to guide me to it. May Allah reward you with good.
The obligatory: The bequest is written according to the following format:
I, the testator below, bequeath that I testify that there is no god but Allah alone, with no partner, and that Muhammad is His slave and His Messenger, and that 'Isa is the slave of Allah and His Messenger, and His word which He cast to Maryam and a spirit from Him, and that Paradise is true, and that the Fire is true, and that the Hour is coming, of which there is no doubt, and that Allah will resurrect those in the graves. I bequeath to my family and descendants whom I leave behind, and to my other relatives, to fear Allah, to reconcile between people, to obey Allah and His Messenger, to advise one another to truth, and to be patient upon it. And I bequeath to them as Ibrahim bequeathed to his sons, and as Ya'qub: [al-Baqarah:132].
Then he mentions what he wishes to bequeath from a third of his wealth, or less than that, or a specific amount of wealth that does not exceed a third, and he specifies its lawful destinations, and he mentions the agent for it.
The bequest is not obligatory, but it is recommended if he wishes to bequeath something; for what is established in the two Sahihs from Ibn 'Umar (may Allah be pleased with them both) from the Prophet (peace and blessings be upon him) that he said:Sahih Muslim 1627a.
But if he has debts or rights for which there are no documents proving them for their owners, it is obligatory for him to bequeath them; so that the rights of people are not lost. And he should have two just witnesses witness his bequest, and it should be drafted by someone trusted in drafting from among the scholars; so that it is relied upon. And he should not suffice with his own handwriting only; because it may be confusing to the authorities, and it may not be easy to find someone trustworthy who knows it. And success is from Allah.
The obligatory: The bequest is written according to the following format:
I, the testator below, bequeath that I testify that there is no god but Allah alone, with no partner, and that Muhammad is His slave and His Messenger, and that 'Isa is the slave of Allah and His Messenger, and His word which He cast to Maryam and a spirit from Him, and that Paradise is true, and that the Fire is true, and that the Hour is coming, of which there is no doubt, and that Allah will resurrect those in the graves. I bequeath to my family and descendants whom I leave behind, and to my other relatives, to fear Allah, to reconcile between people, to obey Allah and His Messenger, to advise one another to truth, and to be patient upon it. And I bequeath to them as Ibrahim bequeathed to his sons, and as Ya'qub:
"O my sons, indeed Allah has chosen for you this religion, so do not die except while you are Muslims."
يَا بَنِيَّ إِنَّ اللّهَ اصْطَفَى لَكُمُ الدِّينَ فَلاَ تَمُوتُنَّ إَلاَّ وَأَنتُم مُّسْلِمُونَThen he mentions what he wishes to bequeath from a third of his wealth, or less than that, or a specific amount of wealth that does not exceed a third, and he specifies its lawful destinations, and he mentions the agent for it.
The bequest is not obligatory, but it is recommended if he wishes to bequeath something; for what is established in the two Sahihs from Ibn 'Umar (may Allah be pleased with them both) from the Prophet (peace and blessings be upon him) that he said:
It is the duty of a Muslim who has something which is to be given as a bequest not to have it for two nights without having his will written down regarding it.
ما حق امرئ مسلم له شيء يريد أن يوصي فيه يبيت ليلتين، إلا ووصيته مكتوبة عندهBut if he has debts or rights for which there are no documents proving them for their owners, it is obligatory for him to bequeath them; so that the rights of people are not lost. And he should have two just witnesses witness his bequest, and it should be drafted by someone trusted in drafting from among the scholars; so that it is relied upon. And he should not suffice with his own handwriting only; because it may be confusing to the authorities, and it may not be easy to find someone trustworthy who knows it. And success is from Allah.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.