30. Chapters On Wasaya (Wills and Testament)
What has been Related About Willing One Third
Amir bin Sa'd bin Abi Waqqas narrated from his father, who said: "I was ill during the year of the Conquest (of Makkah) with an illness bringing me to the brink of death. So The Messenger of Allah (S.A.W) came to visit me, and I said: 'O Messenger of Allah (S.A.W)! Indeed I have a great deal of wealth and I do not have any heirs except my daughter, so should I will all of my wealth?' He said: 'No.' I said: 'Then two-thirds of my wealth?' He said: 'No.' I said: 'Then half?' He said: 'No.' I said: 'Then a third' He said: 'No.' A third and a third is too much. If you leave your heirs without need it is better than to leave them in poverty begging from the people. Indeed you do not do any spending (on your family) except that you are rewarded for it, even the morsel of food you raise to your wife's mouth.'" He said: "I said: 'Will I be left behind from my emigration?' He said: 'You will not be left behind after me,and do righteous deeds intending Allah's Face, except that it will add to your elevation in rank. Perhaps you will remain until some people benefit from you and others will be harmed by you. O Allah! Complete the emigration of my companions and do not turn them on their heels. But the case of Sa'd bin Khawlah is sad.'" the Messenger of Allah (S.A.W) felt sorry for him dying in Makkah.
What has been Related About Causing Harm With The Will
Abu Hurairah narrated that the Messenger of Allah (S.A.W) said: "Indeed a man, and a woman, perform deeds in obedience to Allah for sixty years, then death presents itself to them, and they cause such harm in the will that the Fire becomes warranted for them."Then he recited: After payment of legacies he (or she) may have bequeathed or debts, without causing harm. This is a Commandment from Allah. up to His saying: That is the magnificent success.
What has been Related About Encouraging (To Make) The Will
Ibn 'Umar narrated that the Messenger of Allah (S.A.W) said: "It is not right for a Muslim man to spend two nights, having what he would will, without having his will written with him."
What has been Related That The Prophet (s.a.w) did not Leave A Will
Talhah bin Musarrif said: "I said to Ibn Abi Awfi: Did the Messenger of Allah (S.A.W) leave a will?' He said: 'No' I said: 'How is the will written, and how was it enjoined upon the people?' He said: 'It was ordered in the Book of Allah, Most High."'
What has been Related About 'There Is No Will For The Heir'
Abu Ummah said: "During the year of the Farewell Pilgrimage, I heard the Messenger of Allah (S.A.W) saying in the Khutbah: 'Indeed Allah, Most Blessed and Most High, has given the right due to everyone deserving a right. So there is no will for an heir, the child is for the bed, and for the fornicator is the stone, and their reckoning is for Allah, Most High. And whoever claims someone other than his father, or an affiliation with other than his Mawali, then upon him is the continued curse of Allah until the Day of Judgment. The wife is not to spend from her husband's house except with her husband's permission.' They said: 'O Messenger of Allah! Not even food?' He said: 'That is the most virtuous of our wealth.' And he said: 'The borrowed is to be returned, the endowment is to be refunded and the debt is to be repaid, and the guarantor is responsible.'" Amr bin Kharajah narrated: "The Prophet (s.a.w) gave a Khutbah upon his she-camel, while I was under the front of her neck, and she was chewing her curd, with her saliva dripping between my shoulders. I heard him saying: 'Indeed Allah, Most Blessed and Most High, has given the right due to everyone deserving a right. So there is no will for an heir, the child is for the bed, and for the fornicator is the stone.'"
What has been Related About Beginning With The Debt Before The Will
Al-Harith narrated from 'Ali: "The Prophet (s.a.w) judged with the debt before the will, and you people recite the will before the debt."
What has been Related About A Man Giving Charity Or Freeing A Slave At The Time Of His Death
Abu Habibah At-Ta'i said: "My brother willed a portion of his wealth to me. So I met Abu Ad-Darda and said: 'My brother has willed a portion of his wealth to me, so where do you suggest that I should give it- to the poor, the needy, or the Mujahidin in Allah's Cause?' He said: 'As for me, then I would not consider them equal to the Mujahidin. I heard the Messenger of Allah (S.A.W) saying: "The parable of the one who frees a slave at the time of his death is that of the one who gives a gift when he is satisfied (fulfilled his needs)." 'Urwah narrated that : 'Aishah had informed him that Barrirah came to her ('Aishah) seeking her help for her writ of emancipation, and she had not yet paid anything for her writ of emancipation. So 'Aishah said to her: 'Return to your people, and if they agree to me paying for your writ of emancipation and that your Wala will be for me, then I will do so." So Barrirah mentioned that to her people and they refused. They said: "If she wants the reward for (freeing) you while the Wala is for us, then let her do it." So I mentioned that to the Messenger of Allah (S.A.W) and the Messenger of Allah (S.A.W) said: "Buy her, then free her, for the Wala is only for the one who frees." Then the Messenger of Allah (S.A.W) stood and said: "What is the case of people who make conditions that are not in Allah's Book? Whoever makes a condition that is not in Allah's Book, then it will not be so for him, even if he were to make a condition a hundred times."