عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ - رضي اللَّه عنهمَا - أَنَّ رَسُولَ اللَّهِ ﷺ قَالَ: «مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَيْءٌ يُوصِي فِيهِ، يَبِيتُ لَيْلَتَيْنِ إِلَّا وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَهُ»
عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ - رضي اللَّه عنهمَا - أَنَّ رَسُولَ اللَّهِ ﷺ قَالَ: «مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَيْءٌ يُوصِي فِيهِ، يَبِيتُ لَيْلَتَيْنِ إِلَّا وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَهُ»
‘Abdullāh ibn ‘Umar narrated that God’s Messenger (peace be upon him) said:
It is not right for a Muslim person who has something he wishes to give as a bequest to stay two nights without having his will already written.
Related by al-Bukhari, 2738; Muslim, 1627.
It is permissible for Muslims to make bequests out of their estates, provided that such bequests do not exceed one-third of the total estate, and that no such bequest is made to an heir. The Prophet (peace be upon him) said: ‘God has gifted you one-third of your property to use at the time of your death, so as to increase your good deeds’. He also said: ‘God, Blessed and Exalted, has given their dues to everyone who has a claim. No bequest may be made for an heir’. However, a Muslim may wish to bequeath a portion of his or her property to relatives who are not heirs, or they may wish to give something to charity.
Therefore, the Prophet (peace be upon him) recommends everyone who has something to bequeath not to delay writing their wills. It is better not to let one or two nights pass without having a will written. No one knows whether death comes all of a sudden, and then it would be too late. Early scholars considered that this recommendation of prompt writing of one’s will applied to one who is ill or approaching death. The Prophet did not make this specification in the hadith, because this was the normal thing people did. [1]
The ruling concerning a will differs in relation to what is being bequeathed. It may be a duty, as in the case of stating a debt a person owes and which is unknown to his heirs, particularly if the creditor does not have evidence proving it. Unless the debtor specifies it in his will, the creditor may lose what is owed to him. A will may be forbidden, if it involves something forbidden, such as a will requiring an act of disobeying God, or a will in favour of an heir. It may be recommended, if it is to donate for a good purpose serving God’s cause, or in favour of relatives who are not heirs.
1. A Muslim should always be mindful of death, thinking of it and doing what is good for himself. A Muslim should not be distracted by the pleasures of this life. Al-Ḥasan said: ‘Death is inevitable for everyone, and life is being folded behind you’. [2]
2. God has undertaken to divide the inheritance Himself. It is not permissible for a Muslim to contend with God for its division, or to think that the way he divides it is better than God’s way.
3. God has gifted His servants with one-third of their estates to choose how they want to spend it by will. A wise person will make use of this by ensuring that what he does meets with God’s pleasure and expresses obedience to Him. He will spend this portion in what serves God’s cause.
4. A Muslim should not delay writing his will, if he has something to bequeath, before life’s problems or illness cause him to forget, or he is suddenly overtaken by death. Ibn ‘Umar, the narrator of this hadith, said: ‘Ever since I heard God’s Messenger (peace be upon him) say this, I never spent a night without having my will ready with me’. [3]
5. The fact that a will may be made with one-third of one’s estate does not mean that this is the only thing permitted or that it is the best amount of the will. Rather, it is better for a Muslim to leave his heirs self-sufficient, needing no help from other people. When Sa‘d ibn Abi Waqqāṣ asked the Prophet to allow him to bequeath one-half of his estate, the Prophet refused. He said to him: ‘No; one-third. Even one-third is much. To leave your heirs in funds is better than you leaving them poor, seeking people’s help’. [4] For this reason, Ibn‘Abbās expressed his view, suggesting that people should limit what they give by will to one-quarter. Abu Bakr bequeathed one-fifth, saying: ‘I accept for myself what God has allocated for Himself’. He was referring to the verse that mentions the division of war gains:
‘Know that one-fifth of whatever booty you may acquire in war is for God and the Messenger, and for the near of kin, the orphans, the needy and the traveller in need’.
(8: 41)
6. Scholars and those who write other people’s wills must explain to them that the question of a will varies according to people’s circumstances. If the heirs are poor and they need the money, then it is better not to bequeath anything by will. If the heirs are well off, then a will is recommended, amounting to one-third of the estate, or less, according to the status of the heirs.
1. Ibn Ḥajar, Fatḥ al-Bārī. Vol. 5, p. 360.
2. Ibn Rajab, Jāmi‘ al-‘Ulūm wal-Ḥikam, Vol. 2, p. 382.
3. Related by Muslim, 1627.
4. Related by al-Bukhari, 2742; Muslim, 1628.