Will (Waṣiyyah) in the Light of Qur’an and Sunnah
Written by: Imran Ayyub Lahori
❖ Definition of Waṣiyyah
Linguistic Meaning:
- Waṣiyyah refers both to the object of the will and the act of making a will.
- It means entrusting someone with a task, either during life or after death.
- The person making the will is called waṣī (testator), and the person in whose favor it is made is also called waṣī.
(al-Munjid: p. 970, al-Qāmūs al-Muḥīṭ: p. 1208, al-Fiqh al-Islāmī wa Adillatuh: 7/7439)
Sharʿī Meaning:
A specific commitment linked to an action after death.
(Subul al-Salām: 3/1284, Nayl al-Awṭār: 4/96)
❖ Legitimacy of Waṣiyyah
① كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ
(al-Baqarah: 180)
“It is prescribed upon you that when death approaches any one of you, if he leaves wealth behind, he should make a will in favor of parents and close relatives.”
② مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ
(al-Nisāʾ: 12)
“After the bequest that has been made, or the debt that is due.”
- Ibn ʿUmar رضي الله عنهما narrates that the Messenger of Allah ﷺ said:
“It is not befitting for a Muslim who has something to will, to sleep two nights without his will written with him.”
(Bukhārī: 2738, Muslim: 1627, Mālik, Abū Dāwūd, al-Nasāʾī, al-Tirmidhī, Ibn Mājah, Aḥmad, others) - Ibn ʿUmar رضي الله عنهما further said:
*“Since I heard this from the Messenger of Allah ﷺ, not a single night has passed without my will being with me.”
❖ Abrogation of Will for Heirs
- The Qur’anic verse regarding parents and relatives in inheritance was abrogated by the verse of inheritance.
- The Prophet ﷺ said:
“Indeed, Allah has given every rightful person his due; there is no will for an heir.”
➤ Thus, the command for will applies only to non-heirs.
(Taysīr al-ʿAlī al-Qadīr: 1/139)
❖ Obligation or Recommendation?
- Majority (Jumhūr): Will is recommended, not obligatory.
- Imām al-Shāfiʿī, Isḥāq, ʿAṭāʾ, al-Zuhrī, Ibn Jarīr: Will is obligatory.
- Ibn Ḥajar: The view of the majority is stronger.
Preferred Opinion (Rājiḥ):
- Will is obligatory only for someone upon whom others’ rights exist (like debt, trust, etc.), and he cannot settle them except by will.
- Otherwise, it is not obligatory.
(Subul al-Salām: 3/1285)
❖ Prohibition of Harmful Wills
- Abū Hurayrah رضي الله عنه narrates the Prophet ﷺ said:
“A man or woman may obey Allah for sixty years, then when death comes, they harm the heirs through their will. Thus, the Fire becomes obligatory for them.”
Then he recited:
مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ (al-Nisāʾ: 12) - Ibn ʿAbbās رضي الله عنهما said:
“Harming through the will is among the major sins.”
(Dāraquṭnī, Tafsīr Ibn Kathīr, ʿAbd al-Razzāq)
❖ No Will for an Heir or in Sin
- The Prophet ﷺ said:
“Allah has given every rightful person his right; hence, there is no will for an heir.”
(Ṣaḥīḥ Ibn Mājah: 2192, al-Tirmidhī, al-Nasāʾī, Ibn Mājah, Aḥmad, others) - Another version:
“There is no will for an heir, unless the other heirs permit it.” - Scholars like Imām Mālik, Ibn Ḥajar, al-Shawkānī, and others agreed:
If the heirs consent, then a will in their favor becomes valid. - Abū al-Dardāʾ رضي الله عنه narrates the Prophet ﷺ said:
“Allah has bestowed upon you, at the time of death, a third of your wealth as charity, to increase your good deeds.”
(Ibn Mājah: 2709, Aḥmad, al-Bayhaqī, others – ḥasan)
❖ Limit of One-Third
- Ibn ʿAbbās رضي الله عنهما said:
“I wish people would reduce the one-third to one-fourth, for the Messenger of Allah ﷺ said: ‘One-third, and one-third is too much.’”
(Bukhārī: 2743, Muslim: 1629) - Saʿd bin Abī Waqqāṣ رضي الله عنه narrated the Prophet ﷺ said:
“One-third, and one-third is too much. To leave your heirs wealthy is better than leaving them poor, begging from people.”
(Bukhārī: 1295, Muslim: 1628, others) - Thus, if heirs are poor, it is preferable to reduce the will below one-third.
❖ If There Are No Heirs
- Majority: Not permissible to bequeath more than one-third.
- Ḥanafīs: Permissible to bequeath more than one-third in absence of heirs.
(al-Umm: 4/36, al-Muhadhdhab: 1/451, Ḥāshiyat Ibn ʿĀbidīn: 6/656)
❖ Priority of Debt Over Will
- The Prophet ﷺ ruled:
“Debt is to be paid before will.”
(Bukhārī: 2750) - Saʿd bin Aṭwal narrated: The Prophet ﷺ said regarding his deceased brother:
“Indeed, your brother is held back due to his debt, so pay it off on his behalf.”
(Ṣaḥīḥ Ibn Mājah: 1973, Aḥmad: 4/136) - The Prophet ﷺ also said:
“Whoever leaves wealth, it is for his heirs. Whoever leaves debt or dependents, it is upon me.”
(Bukhārī: 5371, Muslim: 1619, others)
Final Summary:- Waṣiyyah is legislated in Islam but not obligatory except when one cannot settle others’ rights except through it.
- No will for heirs, unless heirs consent.
- Harmful wills are prohibited.
- Limit: up to one-third, but less is preferable.
- Debts are settled before execution of wills.
- Will is valid only in righteous causes, not in sin.
