Understanding the Importance of Wasiyyah in Islamic Tradition
What has come concerning wills, 1st 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
- Why was Wasiyyah named with this name?
- The reason for it being called with this name:
Because the deceased reaches through it that which was during his life after his death, like the one who bequests the building of a masjid, or endowment of a library, or he bequests for land to be set as a graveyard, so one intends to have the rewards reach past his death, so whoever severs it or changes it, he is sinful. Allaah said:
(فَمَن بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ)
“Then whoever changes the bequest after hearing it, the sin shall be on those who make the change. Truly, Allah is All-Hearer, All-Knower.”
Definition of Al-Wasiyyah:
Al-Wasaayaa: is the plural of Wasiyyah like Ataayaa is the plural of Atiyyah (gift).
And Al-Wasiyyah with wealth: Donating after death.
The ruling of Al-Wasiyyah:
It is not obligatory except one who has debt or a trust or something obligatory to leave as a will.
Leaving a Wasiyyah with part of one’s wealth is not obligatory and the Dhaahiriyyah opposed this and stated that it’s an obligation and used as evidence the hadith of Ibn ‘Umar which is to come.
And the correct opinion is it not being obligatory with the proof being that many of the companions died while not making a will.
↪️ Ibn Qudaamah took the position, reporting from the majority scholars, on it not being obligatory except for the one who has debts or trusts.
962 – Muhammad bin Yahya narrated to us, he said Muhammad bin ‘Ubaid narrated to us, he said ‘Ubaidullaah narrated to us, on the authority of Naafi’, on the authority of Ibn ‘Umar, may Allaah be pleased with them both, that the Messenger of Allaah ﷺ said: “It is the right upon a Muslim that he doesn’t sleep two nights and he has something to will except that he has his will (ready) written with him.”
The chain of the hadith with the author is authentic and it was reported by Al-Bukhari & Muslim.
Explanation of the hadith
The basis of the Al-Wasiyyah is in the Book and the Sunnah and consensus.
The ruling of Al-Wasiyyah:
It’s obligatory if someone has a debt or a trust otherwise it is requested (good but not obligatory).
Al-Wasiyyah is five types in terms of the description of its ruling📚
- 1 – Al-Wasiyyah is obligatory to the one who has debts and trusts.
- 2 – Al-Wasiyyah is permitted to the one who has little wealth and his family members are well off.
- 3 – It is disliked if his wealth is little and his family members are needy.
- 4 – It is prohibited if it is to build a church or masjid dhiraar or sufi masjid or with the intention of causing purposeful harm to the inheritors. Allaah said:
- (غَيْرَ مُضَارٍّ وَصِيَّةً مِّنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ)
- “so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing.”
- 5 – It could be recommended if he doesn’t have anything nor does he owe anyone anything.
↪️ What remains is advising (as a will) with having fear of Allaah, holding firm to the Sunnah, and Al-Wasiyyah (advising as a will) with knowledge and Tawheed and paying attention to it and staying away from trials. And leaving beneficial wills and bequests as time passes is the sunnah of the Prophets and Messengers. So Ibraaheem ﷺ commanded his son with worshiping Allaah and Ya’qub ﷺ commanded his sons and due to the statement of Allaah:
(وَتَوَاصَوْا بِالْحَقِّ وَتَوَاصَوْا بِالصَّبْرِ)
“and recommend one another to the truth and recommend one another to patience.”
The things which validates a will
The will is considered valid if it’s from someone who possesses intellect, a freeman, adult, the owner of what is being placed in the will if it was something physical.
As for the insane person he has no intellect so it is not allowed for him to leave wills.
The one owned has no wealth, his wealth belongs to his master.
The child is not allowed to will because his dealings are not correctly proportioned.
And that he owns the possession as it is not allowed to will something which one does not possess
Al-Mail, and Al-Janaf in the will’: The harms it causes are from the major sins. Allaah, the Most High, said:
(فَمَن بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَا إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ)
“Then whoever changes the bequest after hearing it, the sin shall be on those who make the change. Truly, Allah is All-Hearer, All-Knower.
But he who fears from a testator some unjust act or wrong-doing, and thereupon he makes peace between the parties concerned, there shall be no sin on him. Certainly, Allah is Oft-Forgiving, Most Merciful.”
Benefit:
Al-Wasiyyah concerning a library in which the students of knowledge benefit from is an abundance of good because its benefit is continuous and overpassive.
↪️ It is allowed to prefer the male child over the female in giving because Allaah has given to her half what is for her brother in inheritance from above the seven heavens and all His judgements are just.
The abrogation of the obligation of Al-Wasiyyah to close relative inheritors:
Is at the statement of Allaah, the Most High:
(كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ)
“It is prescribed for you, when death approaches any of you, if he leaves wealth, that he make a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon. Al-Muttaqun (the pious).”
This verse is abrogated by the verse of inheritance, on the authority of Ibn ‘Umar, that he said: This verse is abrogated by the verse of inheritance.
And from the people are those that said it was abrogated by the hadith There is no will to an inheritor
Al-Wasiyyah is abrogated:
By the right of the inheritors and from the obligation of giving it to non inheritors from the close relatives.
¤ What remains is the recommendation of Al-Wasiyyah to non inheritors from the angle of connecting the ties of kinship and close relations and the from the angle of;
(وَافْعَلُوا الْخَيْرَ لَعَلَّكُمْ تُفْلِحُونَ)
“and do good so that you may be successful.”
¤ Al-Wasiyyah to close relatives who are needy takes precedence over building a masjid.
Transcribed to Arabic and summarised by:
By Hamood Ath-Thawaabi
may Allah reward him with good
on the 20th, Safar, 1440H
Translated by:
Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi