Authored by: Saudi Fatwa Committee
❖ Ruling on Bequeathing Less Than One-Third
It is authentically reported from the Noble Prophet ﷺ that when Sa’d ibn Abi Waqqas (رضي الله عنه) was ill, he asked the Prophet ﷺ whether he could bequeath two-thirds of his wealth. The Prophet ﷺ said: No. He then asked: Half? The Prophet ﷺ replied: No. Then Sa’d said: One-third? To which the Prophet ﷺ said:
“Bequeath one-third, though even one-third is much. To leave your heirs wealthy is better than leaving them poor and dependent upon others.”
[Sahih al-Bukhari, Hadith No. 1295; Sahih Muslim, 1628/5]
ʿAbdullāh ibn ʿAbbās (رضي الله عنه) said:
“I wish people would reduce the share even below one-third and consider one-fourth instead, because the Messenger of Allah ﷺ said: ‘One-third, and even that is too much.’”
[Sahih Muslim, 1629/10]
“Abu Bakr al-Siddiq (رضي الله عنه) made a will of one-fifth (i.e., one-fifth of his wealth).”
✿ Summary and Guidelines
From the above, it is evident that the maximum limit for a bequest or charity given in a state of illness is one-third of the wealth. However, there is no lower limit for bequeathing less than one-third. It is permissible for the deceased to bequeath any portion of their wealth as long as it does not exceed one-third. Opting for even less than one-third—such as a fourth, fifth, or sixth—is more virtuous, especially when the person possesses substantial wealth.
The most commendable causes for bequests include:
✔ Support for the poor and needy
✔ Aid for travelers and Mujahideen
✔ Construction of mosques and Islamic schools
✔ Charity towards relatives
✔ General acts of righteousness and welfare initiatives
There is no harm if the testator makes a will for offering a sacrificial animal (Qurbani) on their behalf or for a specific relative, as this too is a Shari’ah-approved act of reward and a means of nearness to Allah.
Likewise, making a will to support:
✔ Those unable to afford marriage expenses
✔ Debtors unable to repay loans
✔ Individuals burdened by fines or payments
All such forms of assistance through a will are also permissible.
[Source: Ibn Bāz, Majmūʿ al-Fatāwā wa al-Maqālāt: 88/20]
