The Ruling on Bequests, and Is It Permissible for an Heir?
Machine translationRead the Arabic original
Question:
With Allah's blessing, we begin this session with a question from one of the brothers, who did not mention his name in this message. He asks His Eminence the Shaykh about the ruling on bequests: Is it obligatory? In the sense that every person must make a bequest, even if he does not own any wealth? And is it permissible for a person to bequeath one-third to his eldest son?
May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
A bequest is a recommended practice (sunnah) if he has something to bequeath, up to one-third or less. If he has wealth, there is no harm in bequeathing one-third or less. However, if his wealth is little, it is better not to make a bequest and leave it for the heirs. But if his wealth is abundant and blessed, there is no objection to bequeathing one-third. It is recommended to bequeath one-third, one-quarter, or one-fifth in channels of good, such as saying: for charity to the poor, for building mosques, for maintaining family ties, for a sacrifice for me and my family, or for me and my parents, or similar channels of righteousness, or in the cause of Allah, meaning in jihad in the cause of Allah. But if he specifies the recipient, it is better for the poor and the needy, such as building mosques, so that the executor is on clear knowledge and has an executor. He should appoint an executor for this bequest from among his relatives, his children, or others.
Likewise, if he has a debt for which there is no proof, he must bequeath it, saying: So-and-so is owed such-and-such, and so-and-so is owed such-and-such, so that the rights of people are not lost. But if they have documents, praise be to Allah. However, if he bequeaths it as a precaution, fearing that their documents might be lost, or something similar, if he bequeaths it as a precaution, saying: I owe so-and-so such-and-such, and I owe so-and-so such-and-such, as a precaution, then this is good and praiseworthy.
Similarly, if he wishes to give a gift to someone other than the heirs, such as saying: My aunt gets such-and-such, and so-and-so gets such-and-such, or so-and-so gets such-and-such, up to one-third or less, there is no harm. But the heirs are not to be bequeathed anything, neither his sons nor others. There is no bequest for the heirs. The Prophet (peace and blessings be upon him) said: As for those other than the heirs, there is no harm, such as bequeathing to his aunt, his maternal aunt, or another person who does not inherit from his relatives, one-third, a specific amount of dirhams less than one-third, a house less than one-third, a car less than one-third, and the like, there is no harm; based on his saying (peace and blessings be upon him): Sahih Muslim 1627a Ibn 'Umar narrated this from the Prophet (peace and blessings be upon him), and it is agreed upon as authentic.
The saying of the Messenger (peace and blessings be upon him):Sahih Muslim 1627a indicates that a bequest is for one who has something he wants to bequeath. As for a person who has nothing, a bequest does not concern him, or if he has something but does not want to bequeath, a bequest is not obligatory for him. But if he wants to bequeath, he should bequeath. He should have witnesses to the bequest and write it in a trustworthy manner so that it is relied upon, whether the bequest is one-third, one-quarter, one-fifth, or less, in channels of righteousness, in Hajj, in 'Umrah, in a sacrifice, or a bequest to a person he gives from his relatives who are not heirs, such as relatives who do not inherit: an uncle, a maternal uncle, a brother who does not inherit, there is no harm.
But the heir is not to be bequeathed to; because the Messenger (peace and blessings be upon him) said: His right is sufficient, which Allah has allotted for him. Yes.
The presenter: May Allah reward you with good, O Shaykh.
With Allah's blessing, we begin this session with a question from one of the brothers, who did not mention his name in this message. He asks His Eminence the Shaykh about the ruling on bequests: Is it obligatory? In the sense that every person must make a bequest, even if he does not own any wealth? And is it permissible for a person to bequeath one-third to his eldest son?
May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
A bequest is a recommended practice (sunnah) if he has something to bequeath, up to one-third or less. If he has wealth, there is no harm in bequeathing one-third or less. However, if his wealth is little, it is better not to make a bequest and leave it for the heirs. But if his wealth is abundant and blessed, there is no objection to bequeathing one-third. It is recommended to bequeath one-third, one-quarter, or one-fifth in channels of good, such as saying: for charity to the poor, for building mosques, for maintaining family ties, for a sacrifice for me and my family, or for me and my parents, or similar channels of righteousness, or in the cause of Allah, meaning in jihad in the cause of Allah. But if he specifies the recipient, it is better for the poor and the needy, such as building mosques, so that the executor is on clear knowledge and has an executor. He should appoint an executor for this bequest from among his relatives, his children, or others.
Likewise, if he has a debt for which there is no proof, he must bequeath it, saying: So-and-so is owed such-and-such, and so-and-so is owed such-and-such, so that the rights of people are not lost. But if they have documents, praise be to Allah. However, if he bequeaths it as a precaution, fearing that their documents might be lost, or something similar, if he bequeaths it as a precaution, saying: I owe so-and-so such-and-such, and I owe so-and-so such-and-such, as a precaution, then this is good and praiseworthy.
Similarly, if he wishes to give a gift to someone other than the heirs, such as saying: My aunt gets such-and-such, and so-and-so gets such-and-such, or so-and-so gets such-and-such, up to one-third or less, there is no harm. But the heirs are not to be bequeathed anything, neither his sons nor others. There is no bequest for the heirs. The Prophet (peace and blessings be upon him) said:
There is no bequest for an heir
لا وصية لوارثIt 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 عندهThe saying of the Messenger (peace and blessings be upon him):
It is the duty of a Muslim who has something which is to be given as a bequest
ما حق امرئ له شيء يريد أن يوصي فيهBut the heir is not to be bequeathed to; because the Messenger (peace and blessings be upon him) said:
There is no bequest for an heir
لا وصية لوارثThe presenter: May Allah reward you with good, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.