Author: Dr. Muhammad Zia-ur-Rahman Azmi (رحمه الله)
Partiality in Bequests
The commentators mention different forms of partiality in bequests, which include:
① Bequeathing more than one-third of the estate. In this case, the heirs have the right to prevent the execution of the bequest beyond the one-third portion.
② Bequeathing to some heirs while excluding others. Such a bequest will not be valid without the consent of the heirs who are mindful of the Shari’ah rulings and can distinguish between good and bad.
③ Bequeathing more to some heirs than others. This has the same ruling as the previous situation. Similarly, if a person in a terminal illness dedicates something as a waqf (endowment) that exceeds the one-third portion or excludes some heirs in favor of others, the same ruling applies according to the sound opinion of the scholars.
It is narrated in the two Sahihs from Sa’d bin Abi Waqqas (رضي الله عنه) that when he wished to bequeath all or half of his wealth during his illness, the Prophet ﷺ said: “Bequeath one-third, and one-third is also too much.”
[صحيح مسلم 1629/10]
The evidence for the final matters is the Prophet ﷺ saying:
“Allah has given every rightful person his due right, so there is no bequest for an heir.”
[سنن أبى داود، رقم الحديث 3565 سنن الترمذي، رقم الحديث 2120]
[Ibn Baz: Majmoo’ al-Fatawa wa al-Maqalat: 79/20]
Partiality in Bequests
The commentators mention different forms of partiality in bequests, which include:
① Bequeathing more than one-third of the estate. In this case, the heirs have the right to prevent the execution of the bequest beyond the one-third portion.
② Bequeathing to some heirs while excluding others. Such a bequest will not be valid without the consent of the heirs who are mindful of the Shari’ah rulings and can distinguish between good and bad.
③ Bequeathing more to some heirs than others. This has the same ruling as the previous situation. Similarly, if a person in a terminal illness dedicates something as a waqf (endowment) that exceeds the one-third portion or excludes some heirs in favor of others, the same ruling applies according to the sound opinion of the scholars.
It is narrated in the two Sahihs from Sa’d bin Abi Waqqas (رضي الله عنه) that when he wished to bequeath all or half of his wealth during his illness, the Prophet ﷺ said: “Bequeath one-third, and one-third is also too much.”
[صحيح مسلم 1629/10]
The evidence for the final matters is the Prophet ﷺ saying:
“Allah has given every rightful person his due right, so there is no bequest for an heir.”
[سنن أبى داود، رقم الحديث 3565 سنن الترمذي، رقم الحديث 2120]
[Ibn Baz: Majmoo’ al-Fatawa wa al-Maqalat: 79/20]
