Sayings of the Predecessors on Executing Bequests Among Relatives

Humaid Hasan narrates regarding the man who makes a bequest for distant relatives and leaves out close relatives, he (the Prophet) said that his bequeathed wealth should be divided into three parts: two-thirds for the close relatives and one-third for the distant relatives.

Ibn Tawus narrates that Tawus did not consider it permissible to make a bequest (wasiyyah) for anyone other than needy relatives (dhawi al-arham), and he held the opinion that if someone made a bequest for anyone other than them, the wealth should be taken from those people and given to the needy relatives. And if there are no needy among the relatives, then the wealth from the bequest should be distributed among the poor, whoever they may be, even if the testator had mentioned the names of those for whom the bequest was made.

Ata bin Abi Maimunah narrates that I asked Alaa bin Ziyad and Muslim bin Yasar about the will, so they called for the Holy Qur'an and recited the verse {إنْ تَرَکَ خَیْرًا الْوَصِیَّۃُ لِلْوَالِدَیْنِ وَالأَقْرَبِینَ }, and then said that the will is for the relatives.

Qatadah narrates that Hasan and Hazrat Abdul Malik bin Ya’la said that the bequest will be returned to the relatives.

Humaid narrates from Hazrat Anas (may Allah be pleased with him) that Abu Talha (may Allah be pleased with him) came to the Noble Prophet (peace and blessings of Allah be upon him) and said, "O Messenger of Allah! I have given my garden in the name of Allah, and if I could have concealed this matter, I would not have made it public." The Noble Prophet (peace and blessings of Allah be upon him) said, "Distribute this garden among your needy relatives."