5 Important Islamic Rulings and Guidelines Regarding Will (Wasiyyah)
If a person owes a debt to someone or has someone’s property in trust, and is unable to return it during his lifetime, it becomes obligatory for him to make a will regarding these matters. This ensures that after his death, his heirs fulfill these responsibilities. If the deceased leaves no sufficient wealth in his estate, the heirs should still settle his debts or return the trust on his behalf.
Hadith
It is narrated from Sayyiduna Ibn ‘Umar (RA) that the Messenger of Allah ﷺ said:
"It is not permissible for any Muslim who has something to will, to stay for two nights without having his will written down and kept with him."
(Bukhari, Kitab al-Wasaya, Bab al-Wasaya: 2738; Muslim: 1627)
After paying off debts, a person is allowed to make a will regarding only up to one-third of his remaining wealth. Within this one-third, he may bequeath to any deserving individual or institution. However, he cannot give more than the prescribed share to any of his legal heirs.
Hadith
The Prophet ﷺ said to Sayyiduna Sa‘d ibn Abi Waqqas (RA):
"Make a will for one-third, and one-third is still too much."
(Bukhari: 2742; Muslim, Kitab al-Wasiyyah, Bab al-Wasiyyah bil-Thuluth: 1628)
In Islam, Allah has already assigned each rightful heir their due share. Therefore, it is not permissible to make a will in favor of an existing legal heir.
Hadith
The Messenger of Allah ﷺ said:
"Indeed, Allah has given every rightful person his due share, so there is no will for an heir."
(Abu Dawud, Kitab al-Wasaya, Bab ma Ja’a fil-Wasiyyah lil-Warith: 2870)
In Islam, it is not correct to make a definitive statement about someone’s eternal fate — whether they are from the people of Paradise or a friend of Allah — based merely on assumption, even if they were righteous. However, it is permissible to hold good expectations about them.
Incident of Umm al-‘Ala’ (RA)
Umm al-‘Ala’ al-Ansariyyah (RA) narrated:
When Sayyiduna ‘Uthman ibn Maz‘un (RA) passed away, he was given ghusl and wrapped in his shroud. The Messenger of Allah ﷺ came. I said:
"O Abu Sa’ib! May Allah’s mercy be upon you. I testify that Allah has honored you."
The Messenger of Allah ﷺ said:
"How do you know that Allah has honored him?"
I replied:
"May my parents be sacrificed for you, O Messenger of Allah! Then who will Allah honor?"
He ﷺ said:
"Death has certainly come to him. By Allah, I have hope that Allah will deal kindly with him. But by Allah, I do not know what will be done with me, even though I am the Messenger of Allah."
I said:
"By Allah, I will never again declare about anyone that Allah has honored him."
(Bukhari, Kitab al-Jana’iz, Bab al-Dukhul ‘ala al-Mayyit ba‘d al-Mawt idha Adrj fi Kafanih: 1241)
Importance and Method of Making a Will
Necessity of Making a Will in the Presence of Debt or Trust
If a person owes a debt to someone or has someone’s property in trust, and is unable to return it during his lifetime, it becomes obligatory for him to make a will regarding these matters. This ensures that after his death, his heirs fulfill these responsibilities. If the deceased leaves no sufficient wealth in his estate, the heirs should still settle his debts or return the trust on his behalf.
Hadith
It is narrated from Sayyiduna Ibn ‘Umar (RA) that the Messenger of Allah ﷺ said:
"It is not permissible for any Muslim who has something to will, to stay for two nights without having his will written down and kept with him."
(Bukhari, Kitab al-Wasaya, Bab al-Wasaya: 2738; Muslim: 1627)
Limit of Making a Will — Permissible up to One-Third of Wealth
After paying off debts, a person is allowed to make a will regarding only up to one-third of his remaining wealth. Within this one-third, he may bequeath to any deserving individual or institution. However, he cannot give more than the prescribed share to any of his legal heirs.
Hadith
The Prophet ﷺ said to Sayyiduna Sa‘d ibn Abi Waqqas (RA):
"Make a will for one-third, and one-third is still too much."
(Bukhari: 2742; Muslim, Kitab al-Wasiyyah, Bab al-Wasiyyah bil-Thuluth: 1628)
Will in Favor of an Heir is Not Permissible
In Islam, Allah has already assigned each rightful heir their due share. Therefore, it is not permissible to make a will in favor of an existing legal heir.
Hadith
The Messenger of Allah ﷺ said:
"Indeed, Allah has given every rightful person his due share, so there is no will for an heir."
(Abu Dawud, Kitab al-Wasaya, Bab ma Ja’a fil-Wasiyyah lil-Warith: 2870)
Avoiding Certainty in Judging Someone’s Final Outcome
In Islam, it is not correct to make a definitive statement about someone’s eternal fate — whether they are from the people of Paradise or a friend of Allah — based merely on assumption, even if they were righteous. However, it is permissible to hold good expectations about them.
Incident of Umm al-‘Ala’ (RA)
Umm al-‘Ala’ al-Ansariyyah (RA) narrated:
When Sayyiduna ‘Uthman ibn Maz‘un (RA) passed away, he was given ghusl and wrapped in his shroud. The Messenger of Allah ﷺ came. I said:
"O Abu Sa’ib! May Allah’s mercy be upon you. I testify that Allah has honored you."
The Messenger of Allah ﷺ said:
"How do you know that Allah has honored him?"
I replied:
"May my parents be sacrificed for you, O Messenger of Allah! Then who will Allah honor?"
He ﷺ said:
"Death has certainly come to him. By Allah, I have hope that Allah will deal kindly with him. But by Allah, I do not know what will be done with me, even though I am the Messenger of Allah."
I said:
"By Allah, I will never again declare about anyone that Allah has honored him."
(Bukhari, Kitab al-Jana’iz, Bab al-Dukhul ‘ala al-Mayyit ba‘d al-Mawt idha Adrj fi Kafanih: 1241)
