22. The Chapters on Wills

It was narrated that Aishah said: “The Messenger of Allah (ﷺ) did not leave behind a Dinar nor a Dirham, nor a sheep, nor a camel, and he did not make a will concerning anything.” It was narrated from Malik bin Mighwal that Talhah bin Musarrif said: “I said to Abdullah bin Abu Awfa: 'Did the Messenger of Allah (ﷺ) make a will concerning anything?' He said: 'No.' I said: 'How come he told the Muslims to make wills?' He said: 'He enjoined (them to adhere to) the book of Allah (SWT).” Malik said: “Talhah bin Musarrif said: 'Huzail bin Shurahbil said: “Abu Bakr was granted leadership according to the will of Allah's Messenger (ﷺ)?” (Rather) Abu Bakr wished that the found a covenant (in that regard) from Allah's Messenger (ﷺ), so he could fetter his nose with a (camel's) nose ring.” It was narrated that Anas bin Malik said: “What the Messenger of Allah (ﷺ) most enjoined when he was dying and breathing his last was: The prayer; and those whom your right hands possess.” It was narrated that 'Ali bin Abu Talib said: “The last words of the Prophet (ﷺ) were: The prayer; and those whom your right hands prossess.” It was narrated from Ibn 'Umar that the Messenger of Allah (ﷺ) said: “The Muslim man has no right to spend two nights, if he has something for which a will should be made, without having a written will with him.” It was narrated from Anas bin Malik that the Messenger of Allah (ﷺ) said: “The one who is deprived is the one who is deprived of a will.” It was narrated from Jabir bin Abdullah that the Messenger of Allah (ﷺ) said: “Whoever dies leaving a will, he dies on the right path and Sunnah, and he dies with piety and witness, and he dies forgiven.” It was narrated from Ibn 'Umar that the Prophet (ﷺ) said: “The Muslim man has no right to spend two nights, if he has something for which will should be made, without having a written will with him.” It was narrated from Anas bin Malik that the Messenger of Allah (ﷺ) said: “Whoever tries to avoid giving the inheritance to his heirs, Allah (SWT) will deprive him of his inheritance in Paradise on the Day of Resurrection.” It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said: “A man may do the deeds of the people of goodness for seventy years, then when he makes his will, he is unjust in his will, so he ends (his life) with evil deeds and enters Hell. And a man may do the people of evil for seventy years, then he is just in his will, so he ends (his life) with good deeds and enters Paradise.”Abu Hurairah said: “Recite, if you wish: “These are the limits (set by) Allah (STW) up to His saying: 'a disgraceful torment'” It was narrated from Mu'awiyah bin Qurrah, from his father that the Messenger of Allah (ﷺ) said: “Whoever makes a will as death approaches, and his will is in accordance with the book of Allah (SWT) it will be an expiation for whatever he did not pay of his Zakah during his lifetime.” It was narrated that Abu Hurairah said: “A man came to the Prophet (ﷺ) and said: “O Messenger of Allah (ﷺ), tell me, which of the people has most right to my good companionship?' He said: 'Yes, by your father, you will certainly be told.' He said: 'Your mother,' He said: 'Then who?' He said: Then your mother.' He said: 'Then who?' He said: Then your mother.' He said: 'Then who?' He said: Then your father.' He said: 'Tell me, O Messenger of Allah (ﷺ) about my wealth- how should I give in charity?' He said: 'Yes, by Allah (SWT) you will certainly be told. You should give in charity when you are still healthy and greedy for wealth, hoping for a long life and fearing poverty. Do not tarry until your soul reaches here and you say: “My wealth of for so-and-so,” and “My wealth of for so-and-so,” and it will be for them even though you dislike that.'” It was narrated that Busr bin Jahhash Al-Quraishi that : the Prophet (ﷺ) spat in his palm then pointed to it with his index finger and said: “Allah (SWT) says: 'Do you think you can escape from My punishment, O son of Adam, when I have created you from something like this? When your soul reaches here' - and (the Prophet (ﷺ)) pointed to his throat - 'You say: I give charity.' But it is too late for charity?” It was narrated from 'Amir bin Sa'd that his father said: “I became sick during the year of the Conquest, and was at death's door. The Messenger of Allah (ﷺ) came to visit me and I said: 'O Messenger of Allah (ﷺ), I have a great deal of wealth and no one will inherit from me apart from my daughter. Can I give two thirds of my wealth in charity?' He said: 'No.' I said: 'Then half?' He said: 'No.' I said: 'One third?' He said: One third and one third is a lot. If you leave your heirs rich that is better than leaving them destitute and begging from people.” It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said: “Allah (SWT) has been charitable with you over the disposal of one third of your wealth at the time of your death, so that you may be able to add to the record of your good deeds.” It was narrated from Ibn Umar that the Messenger of Allah (ﷺ) said: “(Allah says) O son of Adam! I have given you two things which you do not deserve (except by mercy of Allah (SWT)): I allow you to dispose of a share of your wealth when you are on your deathbed, in order to cleanse and purify you, and my slaves pray for you after your life is over.” It was narrated that Ibn Abbas said: “I would like the people to reduce (the will) from one third to one quarter, because the Messenger of Allah (ﷺ) said: 'One third is a lot.'” It was narrated from 'Amr bin Kharijah: “The Prophet (ﷺ) addressed them when he was on his camel. His camel was chewing its cud and its saliva was dripping between my shoulders. He said: 'Allah (SWT) has allocated for each heir his share of the inheritance, so it is not permissible (to make) a bequest for an heir. The child belong to the bed and the adulterer gets the stone. Whoever claims to belong to someone other than his father, or (a freed slave) who claims that his Wala is for other than his Mavali, upon him will be the curse of Allah, the angels and all the people, and no charge nor equitable exchange will be accepted from him.” Or he said: “No equitable exchange nor change.” Shurahbil bin Muslim Al-Khawlani narrated from Abu Umamah Al-Bahili that the heard : the Messenger of Allah (ﷺ) say in his sermon, during the year of the Farewell pilgrimage: “Allah (SWT) has given each person who has rights his rights, and there is no bequest for in heir.” It was narrated that Anas bin Malik said: “I was under the she-camel of the Messenger of Allah (ﷺ) and its saliva was dripping between my shoulders, and I heard him say: 'Allah (SWT) has given each person who has rights his rights, but there is no bequest for an heir.” It was narrated that 'Ali said: “The Messenger of Allah (ﷺ) ruled that the debts should be paid off before the execution of the will. You recite: '(The distribution in all cases is) after the payment of legacies he may have bequeathed or debts.' The sons of one mother (from the same father) inherit from one another, but not the sons from different mothers (but the same father).” It was narrated from Abu Hurairah that a man asked the Messenger of Allah (ﷺ): “My father died and left behind wealth, but he did not make a will. Will it expiate for him if I give charity on his behalf?” He said: “Yes.” It was narrated from Aishah that a man came to the Prophet (ﷺ) and said: “My mother died unexpectedly and she had not made a will. I think that if she could have spoken, she would have given in charity. Will she have a reward if I give in charity on her behalf, and will I have a reward?” He said: “Yes.” It was narrated from 'Amr bin Shu'aib from his father, that his a grandfather said: “A man came to the Prophet (ﷺ) and said: 'I do not have anything and I have no wealth, but I have an orphan (under my care) who has wealth.” He said: “Eat from the wealth of your orphan, without being extravagant or use it for trade.” He (narrator) said: “And I think he said: 'Do not preserve your wealth using his instead.'”