What are the rulings on bequests
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Question:
What are the rulings on bequests, when should they be written, what are their conditions, and are they made during one's lifetime?
Answer:
A bequest is of two types. The first type is regarding what one owns and what is owed to one, including one's rights and wealth so that they are not lost, and the debts one owes and the trusts in one's possession. One should write these down and bequeath them so that they reach their rightful owners. This is what the hadith came with: "What is the right of a Muslim man who has something to bequeath to spend two nights without his bequest being written at his head?" As for the second type, it is a bequest of charity, where one donates something from his wealth, one-third or less, to a non-heir in the cause of righteousness. This is recommended (mustahabb) and not obligatory for one who has wealth. (It is prescribed for you, when death approaches any of you, if he leaves behind good, to make a bequest to parents and close relatives in a just manner). This was the initial ruling, but it was abrogated by the saying of the Prophet (peace and blessings be upon him): "Allah has given every one who has a right his right, so there is no bequest for an heir." Two conditions are required for a bequest: The first is that it must be for a non-heir. The second condition is that it must be one-third or less, based on the saying of the Prophet (peace and blessings be upon him): "One-third, and one-third is a lot."
What are the rulings on bequests, when should they be written, what are their conditions, and are they made during one's lifetime?
Answer:
A bequest is of two types. The first type is regarding what one owns and what is owed to one, including one's rights and wealth so that they are not lost, and the debts one owes and the trusts in one's possession. One should write these down and bequeath them so that they reach their rightful owners. This is what the hadith came with: "What is the right of a Muslim man who has something to bequeath to spend two nights without his bequest being written at his head?" As for the second type, it is a bequest of charity, where one donates something from his wealth, one-third or less, to a non-heir in the cause of righteousness. This is recommended (mustahabb) and not obligatory for one who has wealth. (It is prescribed for you, when death approaches any of you, if he leaves behind good, to make a bequest to parents and close relatives in a just manner). This was the initial ruling, but it was abrogated by the saying of the Prophet (peace and blessings be upon him): "Allah has given every one who has a right his right, so there is no bequest for an heir." Two conditions are required for a bequest: The first is that it must be for a non-heir. The second condition is that it must be one-third or less, based on the saying of the Prophet (peace and blessings be upon him): "One-third, and one-third is a lot."
Source
www.alfawzan.af.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
