The Ruling on Bequeathing Less Than One-Third
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Question: It is known that it is permissible for a person to bequeath one-third of his wealth. Is it permissible to bequeath less than one-third if the person's wealth is substantial? What are the categories into which such a bequest must be directed? And is the sacrificial animal (udhiyah) considered an obligation that must be included in the bequest?
Answer: It is established from the Prophet (peace and blessings be upon him) that he said to Sa'd ibn Abi Waqqas (may Allah be pleased with him) when Sa'd asked him while he was ill: "Should I give away two-thirds of my wealth in charity?" The Prophet (peace and blessings be upon him) said to him: Sa'd said: "Then half?" The Prophet (peace and blessings be upon him) said: Sa'd said: "Then one-third?" He (peace and blessings be upon him) said: Sahih Muslim 1628a. This hadith is agreed upon as authentic.
It is also established from Ibn Abbas (may Allah be pleased with them both) that he said:Sunan al-Bayhaqi 10:37; because the Prophet (peace and blessings be upon him) said: , and al-Id (may Allah be pleased with him) bequeathed (one-fifth). Thus, it is known from what we have mentioned that one-third is the upper limit for bequests and charity in the case of illness.
As for bequeathing less than that, there is no specific limit. It is permissible for the bequeather to bequeath whatever he sees fit from his wealth, provided that it does not exceed one-third. If he bequeaths less than one-third, such as one-quarter, one-fifth, one-sixth, or the like, that is better, especially if his wealth is abundant.
It is better for the bequest to be directed to channels of righteousness; such as the poor and the needy, travelers in need, those fighting in the cause of Allah, the construction of mosques and Islamic schools, charity to relatives, and the like of these channels of good. If he designates a sacrificial animal for himself and for whomever he wishes from his family in his bequest, there is no harm in that; because it is among the acts of drawing near to Allah prescribed by the Shari'ah. Among such things is: bequeathing assistance to those in need of marriage who are unable to afford its costs, and to debtors who are unable to pay off their debts, and the like of that. And success is from Allah.
Answer: It is established from the Prophet (peace and blessings be upon him) that he said to Sa'd ibn Abi Waqqas (may Allah be pleased with him) when Sa'd asked him while he was ill: "Should I give away two-thirds of my wealth in charity?" The Prophet (peace and blessings be upon him) said to him:
No.
لاNo.
لاGive one-third (in charity) and that is quite enough. To leave your heirs rich is better than to leave them poor, begging from people
الثلث، والثلث كثير؛ إنك إن تذر ورثتك أغنياء، خير من أن تذرهم عالة يتكففون الناسIt is also established from Ibn Abbas (may Allah be pleased with them both) that he said:
If only people would reduce from one-third to one-quarter.
لو أن الناس غضوا من الثلث إلى الربعOne-third, and one-third is a lot.
الثلث، والثلث كثيرAs for bequeathing less than that, there is no specific limit. It is permissible for the bequeather to bequeath whatever he sees fit from his wealth, provided that it does not exceed one-third. If he bequeaths less than one-third, such as one-quarter, one-fifth, one-sixth, or the like, that is better, especially if his wealth is abundant.
It is better for the bequest to be directed to channels of righteousness; such as the poor and the needy, travelers in need, those fighting in the cause of Allah, the construction of mosques and Islamic schools, charity to relatives, and the like of these channels of good. If he designates a sacrificial animal for himself and for whomever he wishes from his family in his bequest, there is no harm in that; because it is among the acts of drawing near to Allah prescribed by the Shari'ah. Among such things is: bequeathing assistance to those in need of marriage who are unable to afford its costs, and to debtors who are unable to pay off their debts, and the like of that. And success is from Allah.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.