Understanding the Importance of Wasiyyah in Islamic Tradition – Part 2
What has come concerning wills, 2nd Lesson | Benefits from Muntaqaa Ibn Al-Jarood
بســـم اللــه الرحــمــن الـرحـــيــم
By our Shaykh, the ‘Allaamah, the Sincere Advisor, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him
963 – Ibn Ul-Muqri’ narrated to us, he said Sufyan narrated to us, on the authority of Az-Zuhri, he said Aamir bin Sa’d narrated to us, on the authority of his father, may Allaah be pleased with him, said: “I became sick in Makkah and was awaiting death, so the Messenger of Allaah ﷺ came to visit me, so I said:” O Messenger of Allaah verily I have a lot of wealth and non inherits me except my daughter, shall I bequest two thirds of my wealth, he said: “No”, I said: “Then half?” he said: “No”, I said: “Then a third” he said: “A third and a third is a lot, or a large amount, verily if you leave your inheritors well off is better than leaving them needy.”
The chain of the hadith is authentic, and it is Agreed upon (Bukhari and Muslim)
Sa’d bin Abee Waqqaas, may Allaah be pleased with him, had one daughter called Aa’ishah then Allaah provided him with 11 sons from them is Aamir and he was made a governor and he was someone of high status.
↪️ And in it is that he sought permission from the Messenger of Allaah ﷺ with two thirds, and half, and (the Prophet) approved of one third. And if it was to be less than a third then it would be better.
↪️ So he approved of a third, and a third is a lot, alongside giving advice.
¤ And he informed him that he will become a governor and will have a high position and people will benefit from him.
¤ And he advised him to spend it on his relatives, and that in it is a great reward.
↪️ And the sickness of Sa’d was in Hajjat-Ul-Wadaa’ (Farewell Pilgrimage) in the 10th year upon the correct opinion and Sufyan made a mistake with his statement the year of the conquest, for there is a difference between it and Hajjat-Ul-Widaa’, for the year of the conquest was in the 8th year, and Hajjat-Ul-Widaa’ was in the tenth year.
The meaning of Ushfiyat : That he came close to death.
↪️ And in it is the permissibility of complaining. But not from the angle that a person does this out of being discontent due to his sickness, if this is not the case then there is nothing wrong in it.
↪️ And his statement ‘Aadanee: This ‘Iyaadatul Mareedh (visiting the sick) is from Az-Ziyaarah fillaah (visiting for the sake of Allaah ﷻ) so the Prophet’ s ﷺ visit to Sa’d bin ‘Ubaadah and Sa’d bin Abee Waqqaas is an important affair, for the visiting of one with high position enters mercy into their hearts, so it is visiting the sick and visiting for the sake of Allaah ﷻ.
↪️ And his statement none inherits me except one daughter who’s name is Aa’ishah which is previously mentioned, this is before he had other children.
And Ibn ‘Abbas, may Allaah ﷻ be pleased with him, said: “Had he went lower than a third it would of been more befitting, due to the statement of the Prophet ﷺ: “And a third is a lot.”
↪️ Qaadhee ‘Iyaadh said: “The scholars have unanimously agreed that the one that dies and has inheritors that it is not for him to bequest all of his wealth at the time of death, and the majority scholars said even if he doesn’t have an inheritor, at the time of death there only for him one third. And whether he has a child or he doesn’t have a child, at the time of his death there is only for him to bequeath a third.
↪️ Al-Wasiyyah (bequeathing) more than a third is if the inheritors allow it, whether they allow it while the person is alive or after his death.
Conclusion: That this issue concerning Al-Wasiyyah has three states
The first state: One who has an inheritor and the inheritor did not allow being given more than a third then it is not allowed by consensus.
The second state: One who is an inheritor and they allowed more than a third then it is allowed by consensus.
The third state: One who doesn’t have an inheritor then it is not for him (to bequeath) more than a third with the majority of scholars and they mean at the time of his death.
↪️ And other than the majority have said it is allowed for him to bequest with more than a third so long as he doesn’t have an inheritor.
↪️ And that which is correct is the statement of the majority and by that he can donate as charity during his good health, as Abu Bakr As-Sadeeq, may Allaah ﷻ be pleased with him, did.
Issue:
The bequester if he retracts from his will whilst he is alive, his retraction is allowed by agreement, so his retraction is correct; except that it is not befitting for him to do that.
↪️ And in the hadith is encouragement to connect the ties of kinship and being good to the relatives and sympathy to the inheritors.
And Allaah ﷻ is the granter of success
Transcribed to Arabic and summarised by:
By Hamood Ath-Thawaabi
may Allah reward him with good –
on the 21 , Safar, 1440H
Translated by:
Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi