The meaning of Wasiyyah:
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The literal meaning of Wasiyyah is “to join” because through it, some matters of life are joined with some matters after death, and the testator has also joined some of his dispositions that were permissible during his life so that they continue even after life.
In the terminology of the jurists, the meaning of Wasiyyah is: “To command that a specific portion of the estate be spent after death (on a person or place).” Or in other words, it is “to make a voluntary disposition through property after death.”
See: Qur’an wa Hadith ki Roshni mein Fiqhi Ahkam wa Masail / Warasat ke Masail / Volume: 02 / Page: 168
The rulings of Wasiyyah:
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The legitimacy of Wasiyyah is established from the Book of Allah, the Sunnah of the Messenger of Allah (peace be upon him), and consensus. Thus, Allah Almighty says:
﴿ كُتِبَ عَلَيكُم إِذا حَضَرَ أَحَدَكُمُ المَوتُ إِن تَرَكَ خَيرًا الوَصِيَّةُ لِلوٰلِدَينِ وَالأَقرَبينَ بِالمَعروفِ حَقًّا عَلَى المُتَّقينَ ﴿١٨٠﴾… سورة البقرة
“It has been prescribed for you that when death approaches one of you and he leaves behind wealth, he should make a bequest for parents and near relatives in a fair manner. This is a duty upon the righteous.”
He also said:
﴿مِن بَعدِ وَصِيَّةٍ يوصىٰ بِها أَو دَينٍ… ﴿١٢﴾… سورة النساء
“(This division) shall be after the execution of any bequest he may have made or the payment of debts.”
There is consensus among the scholars of the Ummah on the permissibility of Wasiyyah.
Making a Wasiyyah is sometimes obligatory and sometimes recommended. The detail of this generality is that it is obligatory to make a Wasiyyah regarding every right that one owes to people or that people owe to him, meaning there are transactions with them and there is no proof regarding them. In such rights, making a Wasiyyah is necessary so that they are not wasted. The Messenger of Allah (peace be upon him) said:
“مَا حَقُّ امْرِئٍ مُسْلِمٍ ، لَهُ شَيْءٌ يُوصَى فِيهِ ، يَبِيتُ لَيْلَتَيْنِ إِلَّا وَوَصِيَّتُهُ عِنْدَهُ مَكْتُوبَةٌ “
“It is not right for a Muslim who has something to bequeath to spend two nights without having his Wasiyyah written with him.”
[Sahih al-Bukhari, al-Wasaya, Bab al-Wasaya, Hadith 2738; Sahih Muslim, al-Wasiyyah, Bab Wasiyyah al-Rajul Maktubah ‘Indah, Hadith: 1627.]
Therefore, if he has people’s trusts with him or he has to pay their rights, then it is obligatory upon him to write them and clarify them.
And the recommended Wasiyyah is that a person bequeaths a specific portion of his wealth to be spent in some good deed so that he continues to receive reward after death. On such occasions, Islamic Shariah has permitted making a Wasiyyah up to a maximum of one-third of the wealth. And this is entirely the kindness of Allah Almighty so that a person can gather as many good deeds as possible.
See: Qur’an wa Hadith ki Roshni mein Fiqhi Ahkam wa Masail / Warasat ke Masail / Volume: 02 / Page: 168
Wasiyyah is not an obligatory matter but a recommended one; if one wishes to make a Wasiyyah regarding something, he can do so, as narrated by Ibn ‘Umar (may Allah be pleased with him) from the Prophet (peace be upon him) in the Sahihayn:
((ما حق امرىء مسلم ، له شئء يريد أن يوصي فيه ، يبيت ليلتين، إلا ووصيته مكتوبة عنده)) ( صحيح البخاري)
“It is not right for a Muslim man who has something he wishes to bequeath to spend two nights without his Wasiyyah being written with him.”
A person’s Wasiyyah has two conditions:
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