The Legitimacy of the Bequest and an Explanation of Some of Its Rulings
Machine translationRead the Arabic original
Question:
Our brother says: I am a young Muslim who wants to make a bequest to my family while I am still alive, for the Messenger of Allah (peace and blessings be upon him) commanded us to do so in his saying (peace and blessings be upon him): - this is how Shaykh Abdul Aziz wrote it - and Ibn Umar (may Allah be pleased with them both) said: I hope your eminence will guide us to the essentials regarding the bequest?
Answer:
Yes, it is prescribed for the believer to make a bequest regarding any debts or rights that are incumbent upon him, so that they are delivered to their rightful owners, especially if there are no documents for them and they might be lost to their owners. In that case, it is obligatory for him to make a bequest regarding them so that the rights are fulfilled. However, if there are documents for them in the possession of their owners, the matter is broad in this regard. If he has something he wants to bequeath, such as wealth, he should bequeath one-third, one-quarter, or one-fifth in the causes of righteousness and good deeds. He should write this down before death overtakes him, for the term of life is unknown as to when it will come, and its knowledge is with Allah (Glorified and Exalted is He). Therefore, it is prescribed to hasten in this matter, based on the hadith mentioned by the questioner, which is his saying (peace and blessings be upon him):Sahih Muslim 1627a This was narrated by the two Shaykhs: al-Bukhari and Muslim in the two Sahihs. It indicates the legitimacy of hastening and rushing to make a bequest if he has something he wants to bequeath.
Included in this is making a bequest regarding debts for which there are no documents. He would say: I have so much owed to so-and-so, and I have so much owed to so-and-so, and I have a deposit with so-and-so, so that their rights are not lost. This is something obligatory. It is recommended (mustahabb) that he also bequeath one-third, one-quarter, or one-fifth if he has wealth with surplus, bequeathing it in the causes of righteousness and good deeds, such as charity to the poor, contributing to jihad in the path of Allah, building mosques, establishing shelters for the poor, Islamic centers, Islamic associations, and the like of causes of good. There is no objection to him allocating a portion for himself, or for himself and his parents, or for himself and his family every year. There is no objection to that, and there is no blame on him for that. All of this is among the acts of drawing near to Allah.
He should appoint a trustworthy person to oversee this bequest. That is, he should designate someone he considers trustworthy, whether from his children, his brothers, or others, so that the bequest is preserved and not lost. He may entrust it to someone other than his relatives, such as saying: The agent is so-and-so, one of his trustworthy friends or acquaintances who are not relatives. He may say: He is the executor. And he may bequeath that after him, someone he sees as trustworthy, appointing him to bequeath after him someone he sees as trustworthy. All of this is permissible for the preservation of the bequest.
The presenter: May Allah reward you with good.
Our brother says: I am a young Muslim who wants to make a bequest to my family while I am still alive, for the Messenger of Allah (peace and blessings be upon him) commanded us to do so in his saying (peace and blessings be upon him):
What is the right of a Muslim man who spends two nights having something he wants to bequeath, unless his bequest is written at his head?
ما حق امرئ مسلم يبيت ليلتين وله شيء يريد أن يوصي فيه إلا ووصيته مكتوبة عند رأسهNo night has passed since I heard the Messenger of Allah (peace and blessings be upon him) say that, except that I have had my bequest with me.
ما مرت علي ليلة منذ سمعت رسول الله ﷺ قال ذلك إلا وعندي وصيتيAnswer:
Yes, it is prescribed for the believer to make a bequest regarding any debts or rights that are incumbent upon him, so that they are delivered to their rightful owners, especially if there are no documents for them and they might be lost to their owners. In that case, it is obligatory for him to make a bequest regarding them so that the rights are fulfilled. However, if there are documents for them in the possession of their owners, the matter is broad in this regard. If he has something he wants to bequeath, such as wealth, he should bequeath one-third, one-quarter, or one-fifth in the causes of righteousness and good deeds. He should write this down before death overtakes him, for the term of life is unknown as to when it will come, and its knowledge is with Allah (Glorified and Exalted is He). Therefore, it is prescribed to hasten in this matter, based on the hadith mentioned by the questioner, which is his saying (peace and blessings be upon him):
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 عندهIncluded in this is making a bequest regarding debts for which there are no documents. He would say: I have so much owed to so-and-so, and I have so much owed to so-and-so, and I have a deposit with so-and-so, so that their rights are not lost. This is something obligatory. It is recommended (mustahabb) that he also bequeath one-third, one-quarter, or one-fifth if he has wealth with surplus, bequeathing it in the causes of righteousness and good deeds, such as charity to the poor, contributing to jihad in the path of Allah, building mosques, establishing shelters for the poor, Islamic centers, Islamic associations, and the like of causes of good. There is no objection to him allocating a portion for himself, or for himself and his parents, or for himself and his family every year. There is no objection to that, and there is no blame on him for that. All of this is among the acts of drawing near to Allah.
He should appoint a trustworthy person to oversee this bequest. That is, he should designate someone he considers trustworthy, whether from his children, his brothers, or others, so that the bequest is preserved and not lost. He may entrust it to someone other than his relatives, such as saying: The agent is so-and-so, one of his trustworthy friends or acquaintances who are not relatives. He may say: He is the executor. And he may bequeath that after him, someone he sees as trustworthy, appointing him to bequeath after him someone he sees as trustworthy. All of this is permissible for the preservation of the bequest.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.