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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Amount and Timing of a Bequest

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Question: When is a bequest prescribed? Did the Shari'ah specify a certain amount of money for it?

Answer: A bequest is prescribed at all times if a person has something in which to make a bequest, and he should hasten to make it. This is based on what is established from him (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 عنده
Sahih Muslim 1627a
It was narrated by the two Shaykhs: al-Bukhari and Muslim in the two Sahihs. This indicates that it is prescribed to hasten to make a bequest if one has something in which he wishes to make a bequest.
The maximum amount permissible is only one-third. If he makes a bequest of one-quarter or one-fifth or less, there is nothing wrong with it. However, the maximum permissible is one-third; this is based on the saying of the Prophet (peace and blessings be upon him) in the hadith of Sa'd (may Allah be pleased with him):
One-third, and one-third is a lot.الثلث، والثلث كثير
And Ibn 'Abbas (may Allah be pleased with them both) said: "If only people would reduce from one-third to one-quarter." This is because the Messenger (peace and blessings be upon him) said:
One-third, and one-third is a lot.الثلث، والثلث كثير
, and al-Id (may Allah have mercy on him) made a bequest of one-fifth. Therefore, if a person makes a bequest of one-quarter or one-fifth, it is better than one-third, especially if the wealth is substantial. And if he makes a bequest of one-third, there is no blame on him.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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