Continuation of the explanation of the hadiths of this chapter that were previously read.
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The Shaykh : He said: "And from him" means: and from Ibn 'Umar (may Allah be pleased with him and his father), "that the Prophet (peace and blessings be upon him) said: Sunan Abi Dawud 2862Sahih (Al-Albani)" means: it is not his right to spend two nights without having written down the will that he intends to make. And Ibn 'Umar (may Allah be pleased with him), since he heard this statement from the Messenger of Allah (peace and blessings be upon him), did not spend a night without having written down his will. The meaning of the will (wasiyyah) is a covenant (ahd), and it is for a person to covenant after his death with a person regarding the disposal of something from his wealth, or to covenant with a person regarding the supervision of his young children, or to covenant with a person regarding any of the matters he owns after his death and bequeath it to him. This will is like a man writing: "My will is to so-and-so son of so-and-so to supervise my young children."
"My will is to so-and-so son of so-and-so to distribute a third of my wealth, or a quarter, or a fifth, in the cause of Allah."
"My will is to so-and-so to benefit from what I have left behind of real estate or other things, or the like. The important thing is that this will is a covenant, the covenant of a person after his death with a person regarding something he owns; this is the will."
And the will is of types: obligatory, forbidden, and permissible:
As for the obligatory one, it is when a person has a debt, meaning a right belonging to another, and it is obligatory for him to bequeath it, especially if there is no proof for it, because if he does not bequeath it, the heirs may deny it. The heirs are not obligated to believe everyone who comes from the people and says: "Your deceased person owed such and such." They are not obligated to believe them. So if the deceased did not bequeath it, it may be lost. This is one case. So whoever has a debt, meaning a right in his liability to someone, it is obligatory for him to bequeath it. Also, it is obligatory to bequeath to his relatives who are not heirs what is easy for him, due to the saying of Allah the Exalted:[Al-Baqarah 2:180] meaning a lot of wealth : this is the subject (na'ib al-fa'il), : so excluded from this are the parents and close relatives who are heirs, for the heirs are not to be bequeathed to. And the verse remains decisive regarding those other than the heirs. This is the indication of the verse, and Ibn 'Abbas (may Allah be pleased with him and his father) interpreted it thus, and many of the scholars adopted this position: that a person must bequeath, if he has a lot of wealth, what is easy for him to his relatives who are not heirs. As for the heir, it is not permissible to bequeath to him, because his right from the inheritance is sufficient for him. So these are two matters in which the will is obligatory: the first is if he has a debt, meaning a right for people. The second is if he leaves behind a lot of wealth, then it is obligatory for him to bequeath to his relatives who are not heirs.
And it becomes forbidden if he bequeaths to one of the heirs; it is forbidden for him. For example, if he bequeaths to his eldest son something among the other heirs, or bequeaths to his wife something among the other heirs, then this is forbidden for him. Even if it were the case that the wife served him in his life, showed him compassion, and respected him, and he wanted to reward her, it is not permissible for him to bequeath to her anything. Likewise, if one of his sons was dutiful to him, served him, and worked in his wealth, and he wanted to bequeath to him something, that is forbidden for him. Likewise, what some people do when they have several children and they married off the eldest, they bequeath to the younger ones an amount equal to the mahr (bridal gift) they gave for the eldest. This is also forbidden, because marriage satisfies a need like eating and drinking. So if one of the children needs it and his father has the ability, it is obligatory for him to marry him. And if one does not need it, it is not permissible for him to give him something like what he gave to his brother who needed marriage. This is a matter that is hidden from many people, even from students of knowledge. They think that if you marry off your son, you must bequeath to the younger children an amount equal to what you gave for the marriage. This is not correct. A will to an heir is not permissible absolutely.
If it were the case that a ignorant person bequeathed to one of the heirs something, then it returns to the heirs after his death. If they wish, they execute the will, and if they wish, they reject it.
As for the permissible will, it is: that a person bequeaths something from his wealth that does not exceed one-third, because exceeding one-third is prohibited. But what is less than one-third, you are free in it. You may bequeath to whom you wish, except the heirs. This is permissible. But is it better to bequeath one-third, or a quarter, or less than that? We say: the maximum is one-third; do not exceed it. And what is less than one-third is better than it. For this reason, Ibn 'Abbas (may Allah be pleased with him and his father) said: "If only people would reduce from one-third to one-quarter, for the Prophet (peace and blessings be upon him) said to Sa'd ibn Abi Waqqas:". And Abu Bakr (may Allah be pleased with him) bequeathed a fifth of his wealth and said: "And I am satisfied with what Allah has chosen for Himself, the fifth". So he bequeathed a fifth of his wealth, and this is the best. I wish that students of knowledge and those who write wills would point out to those making wills that the best is to bequeath a fifth, not a third. The third has always become common among people; the third, the third. And this is the upper limit set by the Messenger (peace and blessings be upon him), and what is less than it is better than it. A quarter is better than a third, and a fifth is better than a quarter. And if the heirs are in need, leaving the will is better. They are more deserving than others. The Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 6373. So if the heirs who inherit from you, you know that their condition is moderate, wealth is scarce with them, and they are closer to poverty, then it is better not to bequeath.
It is the duty of a Muslim man who has something which is to be given as bequest not to have it for two nights without having his will written regarding it.
ما حق امرئ مسلم له شيء يوصي فيه يبيت ليلتين إلا ووصيته مكتوبة عنده"My will is to so-and-so son of so-and-so to distribute a third of my wealth, or a quarter, or a fifth, in the cause of Allah."
"My will is to so-and-so to benefit from what I have left behind of real estate or other things, or the like. The important thing is that this will is a covenant, the covenant of a person after his death with a person regarding something he owns; this is the will."
And the will is of types: obligatory, forbidden, and permissible:
As for the obligatory one, it is when a person has a debt, meaning a right belonging to another, and it is obligatory for him to bequeath it, especially if there is no proof for it, because if he does not bequeath it, the heirs may deny it. The heirs are not obligated to believe everyone who comes from the people and says: "Your deceased person owed such and such." They are not obligated to believe them. So if the deceased did not bequeath it, it may be lost. This is one case. So whoever has a debt, meaning a right in his liability to someone, it is obligatory for him to bequeath it. Also, it is obligatory to bequeath to his relatives who are not heirs what is easy for him, due to the saying of Allah the Exalted:
Prescribed for you when death approaches [any] one of you if he leaves wealth
كتب عليكم إذا حضر أحدكم الموت إن ترك خيراthe will
الوصيّةfor the parents and close relatives
للوالدين والأقربينAnd it becomes forbidden if he bequeaths to one of the heirs; it is forbidden for him. For example, if he bequeaths to his eldest son something among the other heirs, or bequeaths to his wife something among the other heirs, then this is forbidden for him. Even if it were the case that the wife served him in his life, showed him compassion, and respected him, and he wanted to reward her, it is not permissible for him to bequeath to her anything. Likewise, if one of his sons was dutiful to him, served him, and worked in his wealth, and he wanted to bequeath to him something, that is forbidden for him. Likewise, what some people do when they have several children and they married off the eldest, they bequeath to the younger ones an amount equal to the mahr (bridal gift) they gave for the eldest. This is also forbidden, because marriage satisfies a need like eating and drinking. So if one of the children needs it and his father has the ability, it is obligatory for him to marry him. And if one does not need it, it is not permissible for him to give him something like what he gave to his brother who needed marriage. This is a matter that is hidden from many people, even from students of knowledge. They think that if you marry off your son, you must bequeath to the younger children an amount equal to what you gave for the marriage. This is not correct. A will to an heir is not permissible absolutely.
If it were the case that a ignorant person bequeathed to one of the heirs something, then it returns to the heirs after his death. If they wish, they execute the will, and if they wish, they reject it.
As for the permissible will, it is: that a person bequeaths something from his wealth that does not exceed one-third, because exceeding one-third is prohibited. But what is less than one-third, you are free in it. You may bequeath to whom you wish, except the heirs. This is permissible. But is it better to bequeath one-third, or a quarter, or less than that? We say: the maximum is one-third; do not exceed it. And what is less than one-third is better than it. For this reason, Ibn 'Abbas (may Allah be pleased with him and his father) said: "If only people would reduce from one-third to one-quarter, for the Prophet (peace and blessings be upon him) said to Sa'd ibn Abi Waqqas: