Sharʿi Ruling: Bequest Beyond One-Third and the Rights of Heirs
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 403
If a deceased person makes a bequest (waṣiyyah) of more than one-third (⅓) of the estate, can it be executed according to Sharīʿah? And can the heirs, in accordance with Islamic principles, modify such a bequest—especially when the heirs are also weak and in need?
In the case of a bequest where all heirs initially relinquished their shares, but later they realize that the bequest was not correct, and they now wish to annul it with the intention of relieving the deceased of any burden—can they do so according to Qur’an and Sunnah?
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
Respected questioner, your inquiry regarding the ruling of bequest is received. In the light of Qur’an and Sunnah, the following clarification is presented:
In the Ṣaḥīḥayn (Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim), the following narration is reported:
Saʿd (RA) said: “O Messenger of Allah ﷺ! I have wealth and my only heir is one daughter. Should I bequeath two-thirds (⅔) of my wealth?”
The Prophet ﷺ replied: “No.”
He asked: “Then one-half (½)?”
The Prophet ﷺ replied: “No.”
He said: “Then one-third (⅓)?”
The Prophet ﷺ said: “Bequeath one-third, and even one-third is too much.”
(Bukhārī, Kitāb al-Farāʾiḍ, Bāb Mīrāth al-Banāt)
❀ A deceased person may make a bequest of up to one-third (⅓) of the estate.
❀ It is not permissible to bequeath more than one-third.
❀ If a bequest of more than one-third is made, it must be reduced and confined within the one-third limit according to Sharīʿah.
Allah ﷻ says:
﴿فَمَنۡ خَافَ مِن مُّوصٖ جَنَفًا أَوۡ إِثۡمٗا فَأَصۡلَحَ بَيۡنَهُمۡ فَلَآ إِثۡمَ عَلَيۡهِۚ إِنَّ ٱللَّهَ غَفُورٞ رَّحِيمٞ﴾
(al-Baqarah: 182)
Translation:
“Whoever fears from the one making a bequest any error or sin, and makes reconciliation between them, there is no sin upon him. Indeed, Allah is All-Forgiving, Most Merciful.”
❀ When a bequest exceeds one-third (⅓), and the heirs are not in agreement, they may annul or restrict it within Sharīʿah boundaries.
❀ If all heirs had initially agreed but later realize the bequest was incorrect, they may annul it with the intention of removing any burden from the deceased. This is permissible in Sharīʿah.
❀ The heirs, through mutual consultation, may revoke or adjust such a bequest, provided it is done with the intention of rectification and without committing injustice.
A bequest is valid only up to one-third (⅓) of the estate. If more than one-third is made, and the heirs either disagree or later realize its invalidity, they may, in light of Qur’an and Sunnah, annul or restrict it. Doing so with the intention of relieving the deceased of any burden is Sharʿi and correct.
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 403
❖ Question 1
If a deceased person makes a bequest (waṣiyyah) of more than one-third (⅓) of the estate, can it be executed according to Sharīʿah? And can the heirs, in accordance with Islamic principles, modify such a bequest—especially when the heirs are also weak and in need?
❖ Question 2
In the case of a bequest where all heirs initially relinquished their shares, but later they realize that the bequest was not correct, and they now wish to annul it with the intention of relieving the deceased of any burden—can they do so according to Qur’an and Sunnah?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
Respected questioner, your inquiry regarding the ruling of bequest is received. In the light of Qur’an and Sunnah, the following clarification is presented:
✿ Guidance from the Ḥadīth
In the Ṣaḥīḥayn (Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim), the following narration is reported:
Saʿd (RA) said: “O Messenger of Allah ﷺ! I have wealth and my only heir is one daughter. Should I bequeath two-thirds (⅔) of my wealth?”
The Prophet ﷺ replied: “No.”
He asked: “Then one-half (½)?”
The Prophet ﷺ replied: “No.”
He said: “Then one-third (⅓)?”
The Prophet ﷺ said: “Bequeath one-third, and even one-third is too much.”
(Bukhārī, Kitāb al-Farāʾiḍ, Bāb Mīrāth al-Banāt)
✿ Principles Derived from this Ḥadīth
❀ A deceased person may make a bequest of up to one-third (⅓) of the estate.
❀ It is not permissible to bequeath more than one-third.
❀ If a bequest of more than one-third is made, it must be reduced and confined within the one-third limit according to Sharīʿah.
✿ Guidance from the Qur’an
Allah ﷻ says:
﴿فَمَنۡ خَافَ مِن مُّوصٖ جَنَفًا أَوۡ إِثۡمٗا فَأَصۡلَحَ بَيۡنَهُمۡ فَلَآ إِثۡمَ عَلَيۡهِۚ إِنَّ ٱللَّهَ غَفُورٞ رَّحِيمٞ﴾
(al-Baqarah: 182)
Translation:
“Whoever fears from the one making a bequest any error or sin, and makes reconciliation between them, there is no sin upon him. Indeed, Allah is All-Forgiving, Most Merciful.”
✿ Sharʿi Guidance for Heirs
❀ When a bequest exceeds one-third (⅓), and the heirs are not in agreement, they may annul or restrict it within Sharīʿah boundaries.
❀ If all heirs had initially agreed but later realize the bequest was incorrect, they may annul it with the intention of removing any burden from the deceased. This is permissible in Sharīʿah.
❀ The heirs, through mutual consultation, may revoke or adjust such a bequest, provided it is done with the intention of rectification and without committing injustice.
✿ Conclusion
A bequest is valid only up to one-third (⅓) of the estate. If more than one-third is made, and the heirs either disagree or later realize its invalidity, they may, in light of Qur’an and Sunnah, annul or restrict it. Doing so with the intention of relieving the deceased of any burden is Sharʿi and correct.
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
