"Sa'd fell sick and the Messenger of Allah entered upon him and he said: 'O Messenger of Allah, shall I bequeath all my money?' He said: 'No.'" And he quoted the same Hadith.
"O Messenger of Allah, am I to die in the land from which I emigrated?" He said: "No, if Allah wills." He said: "O Messenger of Allah, shall I bequeath all of my wealth in the cause of Allah?" He said: "No." He said: "Two-thirds?" He said: "No." He said: "Half of it?" He said: "No." He said: "One-third of it?" The Messenger of Allah said: "One-third, and one-third is a lot. If you leave your sons independent of means that is better than if you leave them poor, holding out their hands to people."
"The Messenger of Allah visited me when I was sick, and said: 'Have you made a will?' I said: 'Yes.' He said: 'How much?' I said: 'For all my wealth to be given in the cause of Allah.' He said: 'What have you left for your children?' I said: 'They are rich (independent of means).' He said: 'Bequeath one-tenth.' And we kept discussing it until he said: 'Bequeath one-third, and one-third is much or large.'"
"O Messenger of Allah, shall I bequeath all of my wealth?" He said: "No." He said: "Half?" He said: "No." He said: "One-third?" He said: "One-third, and one-third is much or large."
"O Messenger of Allah, shall I bequeath two-thirds of my wealth?" He said: "No." He said: "Shall I bequeath half?" He said: "No." He said: "Shall I bequeath one-third?" He said: "Yes, one-third, and one-third is much or large. If you leave your heirs independent of means that is better than if you leave them poor, holding out their hands."
أَخْبَرَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، عَنِ ابْنِ عَبَّاسٍ، قَالَ لَوْ غَضَّ النَّاسُ إِلَى الرُّبُعِ لأَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" الثُّلُثَ وَالثُّلُثُ كَثِيرٌ أَوْ كَبِيرٌ ".
"If the people were to reduce (their bequests) to one-quarter (of their wealth, that would be better), because the Messenger of Allah said: 'One-third, and one-third is much or large.'"
It was narrated from Muhammad bin Sa'd, from his father Sa'd bin Malik, that the Prophet came to him when he was sick and he said:
أَخْبَرَنَا مُحَمَّدُ بْنُ الْمُثَنَّى، قَالَ حَدَّثَنَا حَجَّاجُ بْنُ الْمِنْهَالِ، قَالَ حَدَّثَنَا هَمَّامٌ، عَنْ قَتَادَةَ، عَنْ يُونُسَ بْنِ جُبَيْرٍ، عَنْ مُحَمَّدِ بْنِ سَعْدٍ، عَنْ أَبِيهِ، سَعْدِ بْنِ مَالِكٍ أَنَّ النَّبِيَّ صلى الله عليه وسلم جَاءَهُ وَهُوَ مَرِيضٌ فَقَالَ إِنَّهُ لَيْسَ لِي وَلَدٌ إِلاَّ ابْنَةٌ وَاحِدَةٌ فَأُوصِي بِمَالِي كُلِّهِ قَالَ النَّبِيُّ صلى الله عليه وسلم " لاَ ". قَالَ فَأُوصِي بِنِصْفِهِ قَالَ النَّبِيُّ صلى الله عليه وسلم " لاَ ". قَالَ فَأُوصِي بِثُلُثِهِ قَالَ " الثُّلُثَ وَالثُّلُثُ كَثِيرٌ ".
"I do not have any children apart from one daughter. Shall I bequeath all my wealth?" The Prophet said: "No." He said: "Shall I bequeath half of it?" The Prophet said: "No." He said: "Shall I bequeath one-third of it?" He said: "One-third, and one-third is much or large."
Jabir bin 'Abdullah narrated that his father was martyred on the Day of Uhud, and he left behind six daughters, and some outstanding debts. When the time to pick the dates came, I went to the Messenger of Allah and said:
"You know that my father was martyred on the Day of Uhud and he left behind a great deal of debt. I would like the creditors to see you." He said: "Go and pile up the dates in separate heaps." I did that, then I called him. When they saw him, it was as if they started to put pressure on me at that time. When he saw what they were doing, he went around the biggest heap three times, then he sat on it then said: "Call your companions (the creditors)." Then he kept on weighing them out for them, until Allah cleared all my father's debts. I am pleased that Allah cleared my father's debts without even a single date being missed.
'(O Messenger of Allah!) My father has died owing debts, and he has not left anything but what his date-palms produce. What his date-palms produce will not pay off his debts for years. Come with me, O Messenger of Allah, so that the creditors will not be harsh with me.' The Messenger of Allah went to each heap, saying Salams and supplicating for it, then sitting on it. He called the creditors and paid them off, and what was left was as much as what they had taken."
Chapter 4: Paying Off Debts Before Distributing Inheritance And Mentioning The Difference In The Wordings Of Th - كتاب الوصايا
It was narrated that Jabir said:
أَخْبَرَنَا عَلِيُّ بْنُ حُجْرٍ، قَالَ حَدَّثَنَا جَرِيرٌ، عَنْ مُغِيرَةَ، عَنِ الشَّعْبِيِّ، عَنْ جَابِرٍ، قَالَ تُوُفِّيَ عَبْدُ اللَّهِ بْنُ عَمْرِو بْنِ حَرَامٍ - قَالَ - وَتَرَكَ دَيْنًا فَاسْتَشْفَعْتُ بِرَسُولِ اللَّهِ صلى الله عليه وسلم عَلَى غُرَمَائِهِ أَنْ يَضَعُوا مِنْ دَيْنِهِ شَيْئًا فَطَلَبَ إِلَيْهِمْ فَأَبَوْا فَقَالَ لِي النَّبِيُّ صلى الله عليه وسلم " اذْهَبْ فَصَنِّفْ تَمْرَكَ أَصْنَافًا الْعَجْوَةَ عَلَى حِدَةٍ وَعَذْقَ ابْنِ زَيْدٍ عَلَى حِدَةٍ وَأَصْنَافَهُ ثُمَّ ابْعَثْ إِلَىَّ ". قَالَ فَفَعَلْتُ فَجَاءَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَجَلَسَ فِي أَعْلاَهُ أَوْ فِي أَوْسَطِهِ ثُمَّ قَالَ " كِلْ لِلْقَوْمِ ". قَالَ فَكِلْتُ لَهُمْ حَتَّى أَوْفَيْتُهُمْ ثُمَّ بَقِيَ تَمْرِي كَأَنْ لَمْ يَنْقُصْ مِنْهُ شَىْءٌ.
"Abdullah bin 'Amr bin Haram died, leaving behind debts. I asked the Messenger of Allah to intercede with his creditors so that they would waive part of the debt. He asked them to do that but they refused. The Prophet said to me: 'Go and sort your dates into their different kinds: The 'Ajwah on one side, the cluster of Ibn Zaid on another side, and so on. Then send for me.' I did that, then the Messenger of Allah came and sat at the head or in the middle of the heaps. Then he said: 'Measure them out for the people.' So I measured them out for them until I had paid them all off, and my dates were left as if nothing had been taken from them."
"My father owed some dates to a Jew. He was killed on the Day of Uhud and he left behind two gardens. The dates owed to the Jew would take up everything in the two gardens. The Prophet said: 'Can you take half this year and half next year?' But the Jew refused. The Prophet said: 'When the time to pick the dates comes, call me.' So I called him and he came, accompanied by Abu Bakr. The dates were picked and weighed from the lowest part of the palm trees, and the Messenger of Allah was praying for blessing, until we paid off everything that we owed him from the smaller of the two gardens, as calculated by 'Ammar. Then I brought them some fresh dates and water and they ate and drank, then he said: 'This is part of the blessing concerning which you will be questioned.'"
"My father died owing debts. I offered to his creditors that they could take the fruits in lieu of what he owed them, but they refused as they thought that it would not cover the debt. I went to the Messenger of Allah and told him about that, he said: 'When you pick the dates and have put them in the Mirbad (place for drying dates), call me.' When I had picked the dates and put them in the Mirbad, I went to the Messenger of Allah and he came, accompanied by Abu Bakr and 'Umar. He sat on (the dates) and prayed for blessing. Then he said: 'Call your creditors and pay them off.' I did not leave anyone to whom my father owed anything but I paid him off, and I had thirteen Wasqs left over. I mentioned that to him and he smiled and said: 'Go to Abu Bakr and 'Umar and tell them about that.' So I went to Abu Bakr and 'Umar and told them about that, and they said: 'We knew, when the Messenger of Allah did what he did, that this would happen.'"
Chapter 5: Invalidating Bequests To Heirs - كتاب الوصايا
It was narrated from Shahr bin Hawshab that Ibn Ghanm mentioned that Ibn Kharijah told him that he saw the Messenger of Allah addressing the people from atop his mount, which was chewing its cud and its saliva was dripping down. The Messenger of Allah said in his Khutbah:
أَخْبَرَنَا إِسْمَاعِيلُ بْنُ مَسْعُودٍ، قَالَ حَدَّثَنَا خَالِدٌ، قَالَ حَدَّثَنَا سَعِيدٌ، قَالَ حَدَّثَنَا قَتَادَةُ، عَنْ شَهْرِ بْنِ حَوْشَبٍ، أَنَّ ابْنَ غَنْمٍ، ذَكَرَ أَنَّ ابْنَ خَارِجَةَ، ذَكَرَ لَهُ أَنَّهُ شَهِدَ رَسُولَ اللَّهِ صلى الله عليه وسلم يَخْطُبُ النَّاسَ عَلَى رَاحِلَتِهِ وَإِنَّهَا لَتَقْصَعُ بِجِرَّتِهَا وَإِنَّ لُعَابَهَا لَيَسِيلُ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم فِي خُطْبَتِهِ
" إِنَّ اللَّهَ قَدْ قَسَّمَ لِكُلِّ إِنْسَانٍ قِسْمَهُ مِنَ الْمِيرَاثِ فَلاَ تَجُوزُ لِوَارِثٍ وَصِيَّةٌ ".
"Allah has given each person a share of the inheritance, and it is not permissible to give bequests to an heir."
"When the following was revealed: 'And warn your tribe (O Muhammad) of near kindred,' the Messenger of Allah called the Quraish and they gathered, and he spoke in general and specific terms, then he said: 'O Banu Ka'b bin Lu'ayy! O Banu Murrah bin Ka'b! O Banu 'Abd Shams! O Banu 'Abd Manaf! O Banu Hisham! O Banu 'Abdul-Muttalib! Save yourselves from the Fire! O Fatimah! Save yourself from the Fire. I cannot avail you anything before Allah, but I will uphold the ties of kinship with you."
"The Messenger of Allah said: 'O Banu 'Abd Manaf! Buy your souls from your Lord. I cannot avail you anything before Allah. Abu Banu 'Abdul-Muttalib! Buy your souls from your Lord. I cannot avail you anything before Allah. But between me and you there are ties of kinship which I will uphold.'"
"The Messenger of Allah said, when the Verse: 'And warn your tribe (O Muhammad) of near kindred.' was revealed: 'O Quraish! Buy your souls from your Lord; I cannot avail you anything before Allah. O Banu 'Abdul-Muttalib! I cannot avail you anything before Allah. O 'Abbas bin 'Abdul-Muttalib! I cannot avail you anything before Allah. O Safiyyah, paternal aunt of the Messenger of Allah! I cannot avail you anything before Allah. O Fatimah bint Muhammad! Ask me for whatever you want, I cannot avail you anything before Allah.'"
"The Messenger of Allah stood up when the following was revealed to him: 'And warn your tribe (O Muhammad) of near kindred,' and said: 'O Quraish! Buy your souls from your Lord, I cannot avail you anything before Allah. O Banu 'Abd Manaf! I cannot avail you anything before Allah. O 'Abbas bin 'Abdul-Muttalib! I cannot avail you anything before Allah. O Safiyyah, paternal aunt of the Messenger of Allah! I cannot avail you anything before Allah. O Fatimah! Ask me for whatever you want, I cannot avail you anything before Allah.'"
"When this verse- 'And warn your tribe (O Muhammad) of near kindred'- was revealed, the Messenger of Allah said: 'O Fatimah, daughter of Muhammad! O Safiyyah bint 'Abdul-Muttalib! O Banu 'Abdul-Muttalib! I cannot avail you anything before Allah; ask me for whatever you want of my wealth.'"
Chapter 7: If A Person Dies Unexpectedly, It Is Recommended For His Family To Give Charity On His Behalf - كتاب الوصايا
It was narrated from 'Aishah that a man said to the Messenger of Allah:
أَخْبَرَنَا مُحَمَّدُ بْنُ سَلَمَةَ، قَالَ حَدَّثَنَا ابْنُ الْقَاسِمِ، عَنْ مَالِكٍ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ، أَنَّ رَجُلاً، قَالَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم إِنَّ أُمِّي افْتُلِتَتْ نَفْسُهَا وَإِنَّهَا لَوْ تَكَلَّمَتْ تَصَدَّقَتْ أَفَأَتَصَدَّقُ عَنْهَا فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" نَعَمْ ". فَتَصَدَّقَ عَنْهَا.
"My mother died unexpectedly; if she had been able to speak she would have given charity. Should I give charity on her behalf?" The Messenger of Allah said: "Yes." So he gave charity on her behalf.
"Sa'd bin 'Ubadah went out with the Prophet on one of his campaigns, and death came to his mother in Al-Madinah. It was said to her (as she was dying): 'Make a will.' She said: 'To whom shall I make a will? The wealth belongs to Sa'd.' Then she died before Sa'd came. When Sa'd came, he was told about that and he said: 'O Messenger of Allah, will it benefit her if I give in charity on her behalf?' The Prophet said: 'Yes.' Sa'd said: 'Such and such a garden is given in charity on her behalf' -regarding a garden that he named."
"When a man dies all his good deeds come to an end except three: Ongoing charity (Sadaqah Jariyah), beneficial knowledge and a righteous son who prays for him."
"I came to the Messenger of Allah and said: 'My mother left a will saying that a slave should be freed on her behalf. I have a Nubian slave girl; will it suffice if I free her on her behalf?' He said: 'Bring her here.' The Prophet said to her: 'Who is your Lord?' She said: 'Allah.' He said: 'Who am I?' She said: 'The Messenger of Allah.' He said: 'Set her free , for she is a believer.'"