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Hadith 742
اُردوEn
أَخْبَرَنَا يَحْيَى بْنُ الْيَمَانِ، نا سُفْيَانُ، عَنْ لَيْثٍ، عَنْ شَهْرِ بْنِ حَوْشَبٍ، عَنْ أَسْمَاءَ بِنْتِ يَزِيدَ أَنَّهَا رَفَعَتْهُ، قَالَ: ((لَا وَصِيَّةَ لِوَارِثٍ)).
Sayyida Asma bint Yazid (may Allah be pleased with her) narrated in a marfu’ form: The Prophet (peace and blessings be upon him) said, “It is not permissible to make a bequest in favor of an heir.”
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
From the aforementioned hadith, it is understood that making a bequest (wasiyyah) in favor of an heir is not permissible, because if the bequest is in accordance with the Qur’an and Sunnah, then there is no need to make a bequest, as they will receive the share that is prescribed for them in the Qur’an and Sunnah. As Sayyiduna Abu Umamah radi Allahu anhu narrates that he heard the Messenger of Allah sallallahu alayhi wa sallam say: “Indeed, Allah the Exalted has given every rightful person his right, so there is no bequest for an heir.” (Sunan Abi Dawud, no. 2870)
However, if the heirs permit it, then it is permissible. As narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma: ((illa an yashaa al-warathah)) ... “except if the heirs wish.” (Sunan al-Daraqutni: 4/97; al-Bayhaqi: 6/263)
It is thus understood that if the other heirs wish, then a bequest for an heir is also valid. The majority of scholars hold this view. Imam Shawkani rahimahullah states: If the other heirs are pleased, then the bequest will be valid. And this is just like the case of specifying from the general. (Nayl al-Awtar: 4/106)
Hafiz Ibn Hajar rahimahullah states: If the addition of these words “except if the heirs wish” is authentic, then this is a clear proof, and the people of knowledge have also taken it as evidence in terms of its meaning, that in reality the prohibition is due to the right of the other heirs; if they themselves permit it, then there is no prohibition. (Fath al-Bari: 6/25)
Nawab Siddiq Hasan Khan rahimahullah’s position is that a bequest for heirs is not permissible, but if the deceased’s heirs permit it, then it is permissible. (Rawdat al-Nadiyyah: 2/679)
From the aforementioned hadith, it is understood that making a bequest (wasiyyah) in favor of an heir is not permissible, because if the bequest is in accordance with the Qur’an and Sunnah, then there is no need to make a bequest, as they will receive the share that is prescribed for them in the Qur’an and Sunnah. As Sayyiduna Abu Umamah radi Allahu anhu narrates that he heard the Messenger of Allah sallallahu alayhi wa sallam say: “Indeed, Allah the Exalted has given every rightful person his right, so there is no bequest for an heir.” (Sunan Abi Dawud, no. 2870)
However, if the heirs permit it, then it is permissible. As narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma: ((illa an yashaa al-warathah)) ... “except if the heirs wish.” (Sunan al-Daraqutni: 4/97; al-Bayhaqi: 6/263)
It is thus understood that if the other heirs wish, then a bequest for an heir is also valid. The majority of scholars hold this view. Imam Shawkani rahimahullah states: If the other heirs are pleased, then the bequest will be valid. And this is just like the case of specifying from the general. (Nayl al-Awtar: 4/106)
Hafiz Ibn Hajar rahimahullah states: If the addition of these words “except if the heirs wish” is authentic, then this is a clear proof, and the people of knowledge have also taken it as evidence in terms of its meaning, that in reality the prohibition is due to the right of the other heirs; if they themselves permit it, then there is no prohibition. (Fath al-Bari: 6/25)
Nawab Siddiq Hasan Khan rahimahullah’s position is that a bequest for heirs is not permissible, but if the deceased’s heirs permit it, then it is permissible. (Rawdat al-Nadiyyah: 2/679)
Source: Musnad Ishaq bin Rahwayh, Page: 742
