Source: Fatawa Aman Puri by Sheikh Ghulam Mustafa Zaheer Aman Puri
Question:
A woman bequeathed shortly before her death that one third of the dower received from her husband should be given in charity. What is the ruling?
Answer:
Legally, this will is permissible. Because there are two conditions for the validity of a will; it should not exceed one-third and should not be for any heir.
❀ Sayyidina Sa'd bin Abi Waqqas (may Allah be pleased with him) narrates:
"Once I fell so ill in Makkah that I was near death, the Messenger of Allah (peace be upon him) came to visit me, and I said: O Messenger of Allah! I have a lot of wealth and only one daughter as my heir, should I bequeath two-thirds of my wealth as charity? He said: No! I asked: Should I bequeath half of my wealth as charity? He said: No! I asked: Should I bequeath one-third as charity? He said: One-third (is permissible) but that is also a lot. If you leave your heirs well-off, it is better than leaving them in need."
Reference: (Sahih al-Bukhari: 6373, Sahih Muslim: 1628)
❀ Sayyidina Imran bin Husain (may Allah be pleased with him) narrates:
"A man freed his six slaves at the time of his death, while he had no other wealth. The Messenger of Allah (peace be upon him) called them and divided them into three parts, then drew lots among them, freeing two and making four slaves, and the Messenger of Allah (peace be upon him) used harsh words regarding that man."
Reference: (Sahih Muslim: 1668)
❀ Sayyidina Abu Umamah (may Allah be pleased with him) narrates that the Messenger of Allah (peace be upon him) said:
إن الله قد أعطى كل ذي حق حقه فلا وصية لوارث
"Allah has given every rightful person their due right, so now there is no bequest for any heir."
Reference: (Sunan Abi Dawood: 2870, its chain is good)
Imam Tirmidhi (may Allah have mercy on him) has classified this hadith as good
Reference: (2120)
and Imam Ibn al-Jarud (may Allah have mercy on him) has declared it authentic
Reference: (949)
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