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سنن دارمي
Darimi
من كتاب الوصاياFrom the Book of Wills
باب في الذي يُوصِي بِأَكْثَرَ مِنَ الثُّلُثِ:Chapter on someone who bequeaths more than a third
Hadith 3226
اُردوEn
حَدَّثَنَا حَدَّثَنَا أَبُو النُّعْمَانِ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ، عَنْ هِشَامٍ، عَنْ الْحَسَنِ: "فِي الرَّجُلِ يُوصِي بِأَكْثَرَ مِنْ الثُّلُثِ فَرَضِيَ الْوَرَثَةُ، قَالَ: هُوَ جَائِزٌ" . قَالَ أَبُو مُحَمَّد: أَجَزْنَاهُ يَعْنِي فِي الْحَيَاةِ.
It is narrated from Hisham that Hasan (may Allah have mercy on him) said about a man who makes a bequest of more than one third and the heirs are pleased with it, he said: This is permissible. Imam Darimi Abu Muhammad (may Allah have mercy on him) said: It is permissible, but only during his lifetime (not after his death).
Brief Explanation
(Commentary on Hadiths 3223 to 3226)
It is permissible to make a bequest (wasiyyah) of up to one third of one’s wealth for any righteous cause; making a bequest of more than one third is prohibited in the Shari‘ah, as will be detailed in the next chapter.
If a person spends more than one third (of his wealth) during his lifetime, this is permissible. If he passes away and the heirs are content, then such a bequest will be executed; but if they are not content, then its execution will be stopped.
The summary of the aforementioned traditions and statements is just this.
And Allah knows best.
It is permissible to make a bequest (wasiyyah) of up to one third of one’s wealth for any righteous cause; making a bequest of more than one third is prohibited in the Shari‘ah, as will be detailed in the next chapter.
If a person spends more than one third (of his wealth) during his lifetime, this is permissible. If he passes away and the heirs are content, then such a bequest will be executed; but if they are not content, then its execution will be stopped.
The summary of the aforementioned traditions and statements is just this.
And Allah knows best.
