Chapter: Bequeathing One-Third

Amir bin Sa'd reported on the authority of his father (Sa'd bin Abi Waqqas): Allah's Messenger (ﷺ) visited me in my illness which brought me near death in the year of Hajjat-ul-Wada' (Farewell Pilgrimage). I said: Allah's Messenger, you can well see the pain with which I am afflicted and I am a man possessing wealth, and there is none to inherit me except only one daughter. Should I give two-thirds of my property as Sadaqa? He said: No. I said: Should I give half (of my property) as Sadaqa? He said: No. He (further) said: Give one-third (in charity) and that is quite enough. To leave your heirs rich is better than to leave them poor, begging from people; that you would never incur an expense seeking therewith the pleasure of Allah, but you would be rewarded therefore, even for a morsel of food that you put in the mouth of your wife. I said: Allah's Messenger would I survive my companions? He (the Holy Prophet) said: If you survive them, then do such a deed by means of which you seek the pleasure of Allah, but you would increase in your status (in religion) and prestige; you may survive so that people would benefit from you, and others would be harmed by you. (The Holy Prophet) further said: Allah, complete for my Companions their migration, and not cause them to turn back upon their heels. Sa'd bin Khaula is, however, unfortunate. Allah's Messenger (ﷺ) felt grief for him as he had died in Makkah.

This hadith is narrated on the authority of Zuhri with the same chain of transmitters.

'Amir bin Sa'd reported from S'ad (b. Abu Waqqas): Allah's Apostle (ﷺ) visited me to inquire after my health, the rest of the hadith is the same as transmitted on the authority of Zuhri, but he did not make mention of the words of Allah's Apostle (ﷺ) in regard to Sa'd bin Khaula except this that he said: "He (the Holy Prophet) did not like death in the land from which he had migrated."

Mus'ab bin Sa'd reported on the authority of his father. I was ailing. I sent message to Allah's Apostle (ﷺ) saying: Permit me to give away my property as I like. He refused. I (again) said: (Permit me) to give away half. He (again refused). I (again said): Then one-third. He (the Holy Prophet) observed silence after (I had asked permission to give away) one-third. He (the narrater) said: It was then that endowment of one-third became permissible.

This hadith has been narrated on the authority of Simak with the same chain of transmitters. But he did not mention: "It was then that one-third became permissible."

Ibn Sa'd reported his father as saying: Allah's Apostle (ﷺ) visited me during my illness. I said: I am willing away the whole of my property. He said: No. I said: Then half? He said: No. I said: Should I will away one-third? He said: Yes, and even one-third is enough.

Humaid b. 'Abd al-Rahman al-Himyari reported from three of the sons of Sa'd all of whom reported from their father that Allah's Apostle (ﷺ) visited Sa'd as he was ill in Mecca. He (Sa'd) wept. He (the Holy Prophet) said:What makes you weep? He said: I am afraid I may die in the land from where I migrated as Sa'd b. Khaula had died. Thereupon Allah's Apostle (ﷺ) said: O Allah, grant health to Sa'd. O Allah, grant health to Sad. He repeated it three times. He (Sa'd) said: Allah's Messenger, I own a large property and I have only one daughter as my inheritor. Should I not will away the whole of my property? He (the Holy Prophet) said: No. He said: (Should I not will away, ) two-thirds of the property? he (the Holy Prophet) said: No. He (Sa'd) (again) said: (Should I not will away) half (of my property)? He said: No. He (Sa'd) said: Then one-third? Thereupon he (the Holy Prophet) said: (Yes), one-third, and one-third is quite substanial. And what you spend as charity from your property is Sadaqa and flour spending on your family is also Sadaqa, and what your wife eats from your property is also Sadaqa, and that you leave your heirs well off (or he said: prospreous) is better than to leave them (poor and) begging from people. He (the Holy Prophet) pointed this with his hands.

Humaid bin 'Abdul Rahman al-Himyari reported from three of the sons of Sa'd all of whom reported from their father that Allah's Apostle (ﷺ) visited Sa'd as he was ill in Makkah. He (Sa'd) wept. He (the Holy Prophet) said: What makes you weep? He said: I am afraid I may die in the land from where I migrated as Sa'd bin Khaula had died. Thereupon Allah's Apostle (ﷺ) said: O Allah, grant health to Sa'd. O Allah, grant health to Sa'd. He repeated it three times. He (Sa'd) said: Allah's Messenger, I own a large property and I have only one daughter as my inheritor. Should I not will away the whole of my property? He (the Holy Prophet) said: No. He said: (Should I not will away,) two-thirds of the property? he (the Holy Prophet) said: No. He (Sa'd) (again) said: (Should I not will away) half (of my property)? He said: No. He (Sa'd) said: Then one-third? Thereupon he (the Holy Prophet) said: (Yes), one-third, and one-third is quite substantial. And what you spend as charity from your property is Sadaqa and flour spending on your family is also Sadaqa, and what your wife eats from your property is also Sadaqa, and that you leave your heirs well off (or he said: prosperous) is better than to leave them (poor and) begging from people. He (the Holy Prophet) pointed this with his hands.

Humaid bin Abdul Rahmin al-Himayri reported on the authority of the three of the sons of Sa'd: They said: Sa'd fell ill in Makkah. Allah's Messenger (ﷺ) visited him to inquire after his health. The rest of the hadith is the same.

Ibn 'Abbas (RA) said: (I wish) if people would reduce from third to fourth (part for making a will of their property), for Allah's Messenger (ﷺ) said: So far as the third (part) is concerned it is quite substantial. In the hadith transmitted on the authority of Waki (the words are) "large" or "much".