Muslim

Hadith Commentary: Benefits and Issues: Some narrations indicate that Abdullah ibn Umar (radi Allahu anhuma) had already implemented his bequest during his lifetime; therefore, at the time of his death, he no longer had any need for it. (Fath al-Bari, vol. 5, p. 441, Maktabat Darussalam) The allowance of two or three nights is essentially to emphasize that if there is a need for a bequest, it should not be delayed, because there is no certainty regarding death. Therefore, one should not be negligent or procrastinate in this matter.

Hadith Commentary:
(1)
After mentioning this narration, Imam Muslim rahimahullah also transmitted this statement of Ibn Umar radi Allahu anhu:
Since I heard the Messenger of Allah sallallahu alayhi wa sallam say this, not a single night has passed in which my will was not with me.
(Sahih Muslim, al-Wasiyyah, Hadith: 4207 (1627))
In this hadith, the mention of a written will is for emphasis, indicating that one should be diligent in this matter; otherwise, even without writing, a will is accepted with testimony.

(2)
According to this hadith, it is necessary for the will to be written at all times, because one does not know when the message from Allah will come and the journey to the Hereafter will begin.
On this basis, one should always be prepared for this journey, and whatever worldly transactions there are, they should be kept written and ready, as is evident from the practice of Ibn Umar radi Allahu anhu.

(3)
The follow-up (mutaba‘ah) mentioned at the end of the hadith has been narrated by Imam Daraqutni rahimahullah with a connected chain, whose wording is somewhat different from the aforementioned hadith.
(Sunan al-Daraqutni: 4/90, and Fath al-Bari: 5/439)
In any case, for those obligations and duties in which a person has been negligent, making a will is necessary, and for those in which there has been no negligence, it is recommended (mustahabb).
And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
ma haqq imri’,
meaning: it is not rightful for him,
it is not correct or proper conduct for him that he does not keep a written will with him.

Benefits and Issues:
From the narrations of Ibn Umar (radi Allahu anhuma), it is established that if a person possesses something that is eligible for bequest (wasiyyah),
has a debt upon him,
holds someone’s trust (amanah),
or there is any other obligatory matter,
which he himself is now unable to fulfill,
then in such a case, making a will (wasiyyah) is obligatory upon him.
For example, he has missed fasts (sawm) that are due upon him,
Hajj is obligatory upon him,
but he is unable to perform it,
there is a need to make a bequest in favor of a non-heir,
for example, he has grandsons or granddaughters,
who, in the presence of their paternal uncles, cannot become heirs,
except in these necessary situations, according to the majority (jumhur), which includes the four Imams (a’immah arba‘ah),
making a will (wasiyyah) is not obligatory.
However, according to Imam Dawud and some of the Tabi‘in,
it is obligatory in every case to make a will in favor of non-heir relatives.

Explanation:
1:
Before the revelation of the verse of inheritance, making a bequest (wasiyyah) was obligatory and necessary.
However, after the revelation of this verse, the shares of the heirs were determined, so the practice of making a bequest regarding the heirs was discontinued.
Nevertheless, a bequest can be made for others (besides the heirs) from up to one third of the wealth.
And in light of this hadith, this bequest should remain in written form.

Benefits and Issues:
By the words (yabeetu laylatayn) in the hadith, what is meant is that one should not delay in writing a will (wasiyyah).
A specific time limit is not intended.
Because in Musnad Abi ‘Awanah and as-Sunan al-Kubra of al-Bayhaqi, (laylah aw laylatayn) — one night or two nights — is mentioned.
In Sahih Muslim and Sunan an-Nasa’i, (thalath layal) — three nights — is also mentioned.
In any case, a person should never be heedless of his death.
One does not know at what time the call (to depart) may come.
Therefore, if there is any debt, trust (amanah), or any other important matter, it is necessary that he should have it written down with him.
So that it may be easy for the heirs to execute it.
And so that no burden remains upon the deceased regarding rights (of others).
In this situation, this matter is obligatory (wajib).
But if there is no obligatory right, then making a will (wasiyyah) is recommended (mustahabb), not obligatory.
As is mentioned in the following hadith.

Benefits and Issues:
➊ A bequest (wasiyyah) is such a thing that its benefit and reward are obtained after death, when the bequest is acted upon.

➋ A person does not know the time of his death; it is possible that death may come to a servant in such a state that he does not get the opportunity to make a bequest. Therefore, it is better that the bequest be kept prepared at all times.

➌ Another benefit of writing the bequest in advance is that a person can make changes to it as he wishes.

➍ The details of debts, trusts (amanah), etc., should always be written and kept.

(1) Because there is no certainty in life. Death can come at any time, therefore the required bequest (wasiyyah) should be made immediately. Likewise, witnesses should also be appointed for the bequest so that there is no dispute later. The bequest should also be in writing so that there is no disagreement. From the mention of "two nights," it apparently seems that a delay of one night is permissible. And Allah knows best. It is possible that the mention of "two" is coincidental, as in another hadith "three" is also mentioned. Thus, without necessity, even a delay of one night is not permissible.

(2) The scholars are unanimous that making a bequest (wasiyyah) is not obligatory; it is only obligatory for the person upon whom there are rights due, such as an obligation (fard), a trust (amanah), etc. However, it is certainly recommended (mustahabb).

Hadith Authentication: [وأخرجه البخاري 2738، ومسلم 1627، من حديث مالك به]
Fiqh: ➊ This hadith establishes the obligation of making a bequest (wasiyyah), but another authentic hadith has abrogated this ruling. The Messenger of Allah sallallahu alayhi wa sallam said: «فلا وصیة لوارث» Thus, there is no bequest for an heir. [سنن الترمذي : 2120 وسنده حسن وقال الترمذي : ”هذا حديث حسن“ ورواه ابوداود : 2870 وابن ماجه : 2713]
➋ Whoever wishes to make a bequest from one third (of his wealth) for someone other than his heirs should hasten to write it. There is consensus (ijma‘) on the recommendation of this hastening. See: [التمهيد 14/292]
➌ In the Noble Qur’an, there is a command regarding bequest for parents and relatives, which has been abrogated by the hadith «لا وصية لوارث», therefore it is known that abrogation of the Qur’an by the hadith is permissible.
➍ If a person’s son passes away, it is better that he writes a bequest regarding his grandsons and granddaughters.

Takhrij:
«أخرجه البخاري، الوصايا، باب الوصايا....، حديث:2738، ومسلم، الوصية، حديث:1627.»©Explanation:
➊ This hadith shows that a will (wasiyyah) should always be present in written form.
➋ Before the revelation of the verse of inheritance, making a will was necessary and obligatory for everyone. However, when the verse of inheritance was revealed, this obligation was abrogated; that is, it is not permissible to make a will for those whose shares have been specified and determined in the Qur’an. However, if someone wishes to make a will for something other than inheritance, it is permissible. For example: in the presence of a son, the grandson does not inherit, but for his education, upbringing, care, and maintenance, a will can be made for up to one third of the wealth.