Ruling on bequeathing less than a third
It is established from the Prophet ﷺ that when Sa’d ibn Abi Waqqas was ill, he asked him whether he could bequeath two-thirds of his wealth. He said no. He said: Half? He said no. Then Sa’d said: A third? So the Prophet ﷺ said:
“A third, and even a third is a lot. It is better that you leave your heirs wealthy than leave them poor, begging from people.”
Abdullah ibn Abbas (may Allah be pleased with him) said:
“I wish people would reduce it from a third to a quarter, because the Messenger of Allah ﷺ said: ‘Bequeath a third, and even a third is a lot.'”
“Abu Bakr al-Siddiq (may Allah be pleased with him) bequeathed a fifth.”
Therefore, from the above discussion it is known that the maximum limit for a bequest and for charity given during illness is a third. However, there is no minimum limit for bequeathing less than that. The person making the bequest may bequeath whatever he wishes from his wealth, but on the condition that it does not exceed a third. If he bequeaths less than a third, such as a quarter, a fifth, or a sixth, etc., then this is better, especially when his wealth is very large.
It is best that the bequest be made for the poor and needy, travellers, mujahideen, building mosques and madrasas, giving charity to relatives, and other similar good works and beneficial activities. If he bequeaths a sacrifice (qurbani) for himself or a specific relative, there is no harm in it, because this too is a good deed and a means of drawing near to Allah in the Shariah.
Likewise, it is permissible to bequeath for helping people who are unable to bear the expenses of marriage, for helping those unable to repay their debts and those burdened with paying a fine or penalty, and for other similar purposes.
