Written by: Shaykh Hafiz Abdul Sattar Al-Hammad (May Allah preserve him)
"A bequest can be up to one-third (of the estate), and one-third is already a lot."
[Sahih al-Bukhari, Book of Bequests: Hadith 2742]
There are certain Islamic principles and guidelines regarding the bequest, which are explained below:
The first principle is that a bequest should not exceed one-third of the estate, as mentioned in the Hadith where Sayyidina Sa'd ibn Abi Waqqas (رضي الله عنه) asked the Prophet (صلى الله عليه وسلم) for permission to bequeath all his wealth. The Prophet (صلى الله عليه وسلم) replied:
"A bequest can be up to one-third, and one-third is already a lot."
[Sahih al-Bukhari, Book of Bequests: Hadith 2744]
Sayyidina Ibn Abbas (رضي الله عنهما) said that if people limit the bequest to one-fourth instead of one-third, he would prefer that because the Prophet (صلى الله عليه وسلم) had said, "Make a bequest of one-third, but one-third is a lot."
[Sahih al-Bukhari, Book of Bequests: Hadith 2743]
The second principle is that a bequest cannot be made to an heir who is already entitled to a share of the estate. The Prophet (صلى الله عليه وسلم) said during the conquest of Makkah:
"Allah has given each inheritor their rightful share, so now no one can make a bequest to an heir."
[Sunan Ibn Majah, Book of Bequests: Hadith 2712]
The third principle is that a bequest should not be made for anything unlawful (haram) nor should it be intended to harm others. The Qur'an mentions that the bequest and repayment of debt should be done "without causing harm":
"There is no harm in it for others."
[Qur'an, Surah An-Nisa: Ayah 12]
"A bequest can be up to one-third (of the estate), and one-third is already a lot."
[Sahih al-Bukhari, Book of Bequests: Hadith 2742]
Benefits:
There are two types of transferring ownership without compensation. If ownership is transferred during a person’s lifetime, while they are healthy, it is called a Hadiyyah (gift) or Hibah (donation). However, if the ownership transfer occurs while the person is ill, and the property is received after their death, it is termed a Wasiyyah (bequest).There are certain Islamic principles and guidelines regarding the bequest, which are explained below:
The first principle is that a bequest should not exceed one-third of the estate, as mentioned in the Hadith where Sayyidina Sa'd ibn Abi Waqqas (رضي الله عنه) asked the Prophet (صلى الله عليه وسلم) for permission to bequeath all his wealth. The Prophet (صلى الله عليه وسلم) replied:
"A bequest can be up to one-third, and one-third is already a lot."
[Sahih al-Bukhari, Book of Bequests: Hadith 2744]
Sayyidina Ibn Abbas (رضي الله عنهما) said that if people limit the bequest to one-fourth instead of one-third, he would prefer that because the Prophet (صلى الله عليه وسلم) had said, "Make a bequest of one-third, but one-third is a lot."
[Sahih al-Bukhari, Book of Bequests: Hadith 2743]
The second principle is that a bequest cannot be made to an heir who is already entitled to a share of the estate. The Prophet (صلى الله عليه وسلم) said during the conquest of Makkah:
"Allah has given each inheritor their rightful share, so now no one can make a bequest to an heir."
[Sunan Ibn Majah, Book of Bequests: Hadith 2712]
The third principle is that a bequest should not be made for anything unlawful (haram) nor should it be intended to harm others. The Qur'an mentions that the bequest and repayment of debt should be done "without causing harm":
"There is no harm in it for others."
[Qur'an, Surah An-Nisa: Ayah 12]