Sunan ad-Darimi

Umar bin Abdul Aziz, may Allah have mercy on him, declared the will of a thirteen-year-old boy to be valid.

Abu Ishaq said: A seven-year-old boy from a tribe made a will, so Judge Shurayh said: If the will is valid, then it is permissible. Imam Darimi, may Allah have mercy on him, said: I like this opinion, but the judges do not consider it permissible.

Abu Ishaq bin Ismail narrated that he was with Qadi Shurayh, and he approved the bequest of Abbas bin Ismail bin Mirthad for the wet nurse of the people of Hira, while Abbas was a child at that time.

Abu Ishaq said: Qadi Shurayh said: When a child becomes able to avoid falling into a well, his bequest is valid.

It is narrated from Abu Ishaq that a boy from his tribe, whose name was Mirthad and whose (milk) teeth had fallen out, made a bequest of forty dirhams for his wet nurse from among the people of Hira. Judge Shurayh approved it and said: Whoever speaks the truth, we have approved it.

Abu Bakr bin Muhammad bin Amr bin Hazm reported that when a boy in Medina was near death, his heirs were in Syria. People mentioned this to Sayyiduna Umar (may Allah be pleased with him) and informed him that the boy was near death, and asked whether he could make a will. Sayyiduna Umar (may Allah be pleased with him) ordered that he could make a will. So, he made a will regarding a well which was called Bi’r Jashm, which its owners sold for thirty thousand. Abu Bakr mentioned: The age of this boy was ten or twelve years.

Ibrahim (may Allah have mercy on him) said: It is permissible for a child to make a bequest of one third or less of his wealth, and while the child is healthy, his guardian can prevent him from making a bequest out of fear of poverty and hardship, but at the time of death, the guardian does not have the authority to prevent him from making a bequest.

It is narrated from Ibn Sirin, may Allah have mercy on him, that a girl was brought to Abdullah bin Utbah who had made a will. People considered her too young, but he said: We consider permissible the statement of the person who speaks correctly.

It is narrated from Abu Bakr that Saleem Ghassani passed away when he was ten or twelve years old. He had made a bequest regarding his well, which was valued at thirty thousand. Sayyiduna Umar bin Al-Khattab, may Allah be pleased with him, approved it. Imam Darimi, may Allah have mercy on him, said: People call Saleem Ghassani as Amr bin Saleem (i.e., the correct name is Amr bin Saleem, not Saleem Ghassani).

Abdullah and Muhammad narrated from their father Abu Bakr (bin Muhammad bin Amr bin Hazm) in the same manner (as mentioned above), except that one of them said: The boy was thirteen years old, and the other said: (the will was made) before reaching puberty. Imam Darimi, may Allah have mercy on him, said: «عن ابنيه» This refers to the two sons of Abu Bakr (Abdullah and Muhammad).