Prohibition of Bequeathing More Than One-Third of the Estate
Written by: Saudi Fatwa Committee
It is authentically proven from the Noble Prophet ﷺ that when Hazrat Sa'd bin Abi Waqqas was ill, he asked the Messenger of Allah ﷺ whether he could bequeath two-thirds of his wealth. The Prophet ﷺ replied: “No.”
Then he asked: “Half of my wealth?” The Prophet ﷺ again said: “No.”
Finally, Sa'd said: “A third?” The Prophet ﷺ replied:
"Bequeath a third, although a third is still too much. It is better to leave your heirs wealthy than to leave them poor, begging from people."
[Sahih al-Bukhari, Hadith no. 1295; Sahih Muslim 1628/5]
Hazrat Abdullah bin Abbas (رضي الله عنه) said:
"I wish that people would refrain from a third and instead choose a fourth, because the Messenger of Allah ﷺ said: ‘Bequeath a third, although it is still too much.’"
[Sahih Muslim 1629/10]
It is also reported:
"Hazrat Abu Bakr al-Siddiq (رضي الله عنه) bequeathed one-fifth of his wealth."
From the above, it becomes clear that the maximum permissible limit for bequests and charity given during illness is one-third of the estate. However, there is no fixed minimum for bequeathing less than that.
If the deceased chooses to bequeath less than a third—such as one-fourth, one-fifth, or one-sixth—this is better, especially if the person’s wealth is substantial.
It is preferable that bequests be made for:
❖ The poor and needy
❖ Stranded travelers
❖ Mujahideen (those striving in the cause of Allah)
❖ Construction of mosques and Islamic schools
❖ Relatives and family members
If a person bequeaths for offering a sacrifice (Qurbani) on his behalf, or for a specific relative, there is no harm, as this is also a righteous and rewardable act.
✔ Assisting those unable to afford marriage expenses
✔ Helping debtors who cannot repay their debts
✔ Supporting people in paying off their liabilities
✔ Any other acts of charity and goodness
[Ibn Baz: Majmu‘ al-Fatawa wa al-Maqalat: 20/88]
Written by: Saudi Fatwa Committee
Ruling on Bequeathing Less Than One-Third
It is authentically proven from the Noble Prophet ﷺ that when Hazrat Sa'd bin Abi Waqqas was ill, he asked the Messenger of Allah ﷺ whether he could bequeath two-thirds of his wealth. The Prophet ﷺ replied: “No.”
Then he asked: “Half of my wealth?” The Prophet ﷺ again said: “No.”
Finally, Sa'd said: “A third?” The Prophet ﷺ replied:
"Bequeath a third, although a third is still too much. It is better to leave your heirs wealthy than to leave them poor, begging from people."
[Sahih al-Bukhari, Hadith no. 1295; Sahih Muslim 1628/5]
Hazrat Abdullah bin Abbas (رضي الله عنه) said:
"I wish that people would refrain from a third and instead choose a fourth, because the Messenger of Allah ﷺ said: ‘Bequeath a third, although it is still too much.’"
[Sahih Muslim 1629/10]
It is also reported:
"Hazrat Abu Bakr al-Siddiq (رضي الله عنه) bequeathed one-fifth of his wealth."
Summary of the Ruling
From the above, it becomes clear that the maximum permissible limit for bequests and charity given during illness is one-third of the estate. However, there is no fixed minimum for bequeathing less than that.
If the deceased chooses to bequeath less than a third—such as one-fourth, one-fifth, or one-sixth—this is better, especially if the person’s wealth is substantial.
Recommended Beneficiaries of Bequests
It is preferable that bequests be made for:
❖ The poor and needy
❖ Stranded travelers
❖ Mujahideen (those striving in the cause of Allah)
❖ Construction of mosques and Islamic schools
❖ Relatives and family members
If a person bequeaths for offering a sacrifice (Qurbani) on his behalf, or for a specific relative, there is no harm, as this is also a righteous and rewardable act.
Other Permissible Purposes for Bequests
✔ Assisting those unable to afford marriage expenses
✔ Helping debtors who cannot repay their debts
✔ Supporting people in paying off their liabilities
✔ Any other acts of charity and goodness
[Ibn Baz: Majmu‘ al-Fatawa wa al-Maqalat: 20/88]
