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Book 13 bequests (kitab al−wasiyya)

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Book 13 bequests (kitab al−wasiyya)

  1. 1. Bk 13 Bequests (Kitab Al−Wasiyya)INTRODUCTIONA bequest (WasIyya) or will is defined as a transfer to comeinto operation after the testators death. The testator iscalled Musi, and the legatee or devisee is called Musa lahu,and the executor is called Wasi. It is a spiritual testamentof a man enabling him to make up his shortcomings in theworldly life and securing rewards in the Hereafter. Accordingto the Shariah, one is entitled to make a will for one−thirdof ones property and not beyond that so that the rights ofthe legal heirs are not adversely affected. " Again, theprinciple on which the legality of a testamentary dispositionis based being in defeance pro tanto of the rights of heirsgenerally the law requires that such disposition should be forthe benefit of non−heirs alone. " A further reason why abequest in favour of an heir is not allowed is that it wouldamount to giving preference to some heirs over others, thusdefeating the spirit of the law which has fixed the portion ofeach in the inheritance and causing disputes among personsrelated to one another. If the other heirs consent to abequest to one of them or to a bequest of more than one−thirdof the estate, the above reasons no longer hold good and thebequest as made will be valid" (Abdur Rahim, The Principles ofMuhammadan jurisprudence, pp. 311−2). It is, however,preferable and most advisable not to will away the property ifthe legal heirs are poor, because it manifests benevolence tothe heirs who have superior claim to it from the relations inwhich they stand. Another principle which is observed in caseof bequest is that the proprietary right of a legatee in abequest is establislied if he accepts it.Chapter 1: ONE SHOULD MAKE IT A POINT TO WRITE THE WILLBk 13, Number 3987:Ibn Umar (Allah be pleased with them) reported AllahsMessenger (may peace be upon him) as saying: It is the duty of
  2. 2. a Muslim who has something which is to be given as a bequestnot to have it for two nights without having his will writtendown regarding it.Bk 13, Number 3988:This hadith has been narrated on the authority of Ubaidullahwith the same chain of transmitters. but with a slightvariation of words.Bk 13, Number 3989:A hadith like this have been narrated on the authority ofNifi, who based his narrations of the words of Ibn Umar butwith a slight variation of words.Bk 13, Number 3990:Salim reported on the authority of his father (Abdullah b.Umar) that he (his father) had heard Allahs Messenger (maypeace be upon him) as saying: It is not proper for a Muslimwho has got something to bequeathe to spend even three nightswithout having his will written down with him regarding it.Abdullah b. Umar (Allah be pleased with them) said: Eversince I heard Allahs Messenger (may peace be upon him) saythis I have not spent a night without having my will (written)along with me. This hadith has been narrated on the authorityof Zuhri with the same chain of transmitters.Chapter 2: WILL CAN BE MADE ONLY FOR ONE−THIRDBk 13, Number 3991:Amir b. Sad reported on the authority of his father (Sad b.Abi Waqqas): Allahs Messenger (may peace be upon him) visitedme in my illness which brought me near death in the year ofHajjat−ul−Wada (Farewell Pilgrimage). I said: AllahsMessenger, you can well see the pain with which I am afflictedand I am a man possessing wealth, and there is none to inheritme except only one daughter. Should I give two−thirds of myproperty as Sadaqa? He said: No. I said: Should I give half(of my property) as Sadaqa? He said: No. He (further) said:Give one−third (in charity) and that is quite enough. To leaveyour heirs rich is better than to leave them poor, beggingfrom people; that you would never incur an expense seekingtherewith the pleasure of Allah, but you would be rewardedtherefor, even for a morsel of food that you put in the mouth
  3. 3. of your wife. I said: Allahs Messenger. would I survive mycompanions? He (the Holy Prophet) said: If you survive them,then do such a deed by means of which you seek the pleasure ofAllah, but you would increase in your status (in religion) andprestige; you may survive so that people would benefit fromyou, and others would be harmed by you. (The Holy Prophet)further said: Allah, complete for my Companions theirmigration, and not cause them to turn back upon their heels.Sad b. Khaula is, however, unfortunate. Allahs Messenger(may peace be upon him) felt grief for him as he had died inMecca.Bk 13, Number 3992:This hadith is narrated on the authority of Zuhri with thesame chain of transmitters.Bk 13, Number 3993:Amir b. Sad reported from Sad (b. Abu Waqqas): AllahsApostle (may peace be upon him) visited me to inquire after myhealth, the rest of the hadith is the same as transmitted onthe authority of Zuhri, but lie did not make mention of thewords of Allahs Apostle (may peace be upon him) in regard toSad b. Khaula except this that he said:" He (the HolyProphet) did not like death in the land from which lie hadmigrated."Bk 13, Number 3994:Musab b. Sad reported on the authority of his father. I wasailing. I sent message to Allahs Apostle (may peace be uponhim) saying: Permit me to give away my property as I like. Herefused. I (again) said: (Permit me) to give away half. He(again refused). I (again said): Then one−third. He (the HolyProphet) observed silence after (I had asked permission togive away) one−third. He (the narrater) said: It was then thatendowment of one−third became permissible.Bk 13, Number 3995:This hadith has been narrated on the authority of Simak withthe same chain of transmitters. But he did not mention:" Itwas then that one−third became permissible."Bk 13, Number 3996:Ibn Sad reported his father as saying: Allahs Apostle (may
  4. 4. peace be upon him) visited me during my illness. I said: I amwilling away the whole of my property. He said: No. I said:Then half? He said: No. I said: Should I will away one−third?He said: Yes, and even one−third is enough.Bk 13, Number 3997:Humaid b. Abd al−Rahman al−Himyari reported from three of thesons of Sad all of whom reported from their father thatAllahs Apostle (may peace be upon him) visited Sad as he wasill in Mecca. He (Sad) wept. He (the Holy Prophet) said: Whatmakes you weep? He said: I am afraid I may die in the landfrom where I migrated as Sad b. Khaula had died. ThereuponAllahs Apostle (may peace be upon him) said: O Allah, granthealth to Sad. O Allah, grant health to Sad. He repeated itthree times. He (Sad) said: Allahs Messenger, I own a largeproperty and I have only one daughter as my inheritor. ShouldI not will away the whole of my property? He (the HolyProphet) said: No. He said: (Should I not will away, )two−thirds of the property? he (the Holy Prophet) said: No. He(Sad) (again) said: (Should I not will away) half (of myproperty)? He said: No. He (Sad) said: Then one−third?Thereupon he (the Holy Prophet) said: (Yes), one−third, andone−third is quite substanial. And what you spend as charityfrom your property is Sadaqa and flour spending on your familyis also Sadaqa, and what your wife eats from your property isalso Sadaqa, and that you leave your heirs well off (or hesaid: prospreous) is better than to leave them (poor and)begging from people. He (the Holy Prophet) pointed this withhis hands.Bk 13, Number 3998:Humaid b. Abd al−Rahmin al−Himayri reported on the authorityof the three of the sons of Sad: They said: Sad fell ill inMecca. Allahs Messenger (may peace be upon him) visited himto inquire after his health. The rest of the hadith is thesame.Bk 13, Number 3999:Humaid b. Abd al−Rahman reported this hadith on the authorityof three of Sads sons: Sad fell ill in Mecca and AllahsApostle (may peace be upon him) visited him. The rest of the
  5. 5. hadith is the same.Bk 13, Number 4000:Ibn Abbas (Allah be pleased with them) said: (I wish) ifpeople would reduce from third to fourth (part for making awill of their property), for Allahs Messenger (may peace beupon him) said: So far as the third (part) is concerned it isquite substantial. In the hadith transmitted on the authorityof Waki (the words are)" large" or" much".Chapter 3: THE DECEASED IS ENTITLED TO REWARD FOR THE SADAQAGIVEN AFTER HIS DEATHBk 13, Number 4001:Abu Huraira (Allah be pleased with him) reported that a personsaid to Allahs Apostle (may peace be upon him): My fatherdied and left behind property without making any willregarding it. Would he be relieved of the burden of his singif I give sadaqa on his behalf? He (the Holy Prophet) said:Yea.Bk 13, Number 4002:Aisha (Allah be pleased with her) reported that a man said toAllahs Apostle (may peace be upon him): My mother died all ofa sudden, and I think if she (could have the opportunity) tospeak she would have (made a will) regarding Sadaqa. Will Ibe entitled to reward if I give charity on her behalf? He (theHoly Prophet) said: Yes.Bk 13, Number 4003:Aisha (Allah be pleased with her) reported that a man came toAllahs Apostle (may peace be upon him) and said: AllahsMessenger, my mother died all of a sudden without making anywill. I think if (she could have the opportunity) to speak shewould have made a Sadaqa. Would there be any reward for her ifI give charity on her behalf? He (the Holy Prophet) said: Yes.Bk 13, Number 4004:This hadith has been narrated on the authority of Hisham b.Urwa with the same chain of transmitters.Chapter 4: WHAT REWARD MAN GETS AFTER HIS DEATHBk 13, Number 4005:Abu Huraira (Allah be pleased with him) reported AllahsMessenger (may peace be upon him) as saying: When a man dies,
  6. 6. his acts come to an end, but three, recurring charity, orknowledge (by which people) benefit, or a pious son, who praysfor him (for the deceased).Chapter 5: WAQFBk 13, Number 4006:Ibn Umar reported: Umar acquired a land at Khaibar. He came toAllahs Apostle (may peace be upon him) and sought his advicein regard to it. He said: Allahs Messenger, I have acquiredland in Khaibar. I have never acquired property more valuablefor me than this, so what do you command me to do with it?Thereupon he (Allahs Apostle) said: If you like, you may keepthe corpus intact and give its produce as Sadaqa. So Umargave it as Sadaqa declaring that property must not be sold orinherited or given away as gift. And Umar devoted it to thepoor, to the nearest kin, and to the emancipation of slaves,aired in the way of Allah and guests. There is no sin for one,who administers it if he eats something from it in areasonable manner, or if he feeds his friends and does nothoard up goods (for himself). He (the narrator) said: Inarrated this hadith to Muhammad, but as I reached the(words)" without hoarding (for himself) out of it." he(Muhammad said:" without storing the property with a view tobecoming rich." Ibn Aun said: He who read this book(pertaining to Waqf) informed me that in it (the words are)"without storing the property with a view to becoming rich."Bk 13, Number 4007:This hadith has been narrated on the authority of Ibn Aunwith the same chain of transmitters up to the words:" Or hemay feed the friend withoiut hoarding from it" and he made nomention of what follows.Bk 13, Number 4008:Umar reported: I acquired land from the lands of Khaibar. Icame to Allahs Messenger (may peace be upon him) and said: Ihave acquired a piece of land. Never have I acquired land moreloved by me and more cherished by me than this. The rest ofthe hadith is the same, but he made no mention of this:" Inarrated it to Muhammad" and what follows.
  7. 7. Chapter 6: HE WHO HAS NOT ANYTHING WITH HIM TO WILL AWAYSHOULD NOT DO ITBk 13, Number 4009:Talha b. Musarrif reported: I asked Abdullah b. Abu Aufawhether Allahs Messenger (may peace be upon him) had made anywill (in regard to his property). He said: NO. I said: Thenwhy has making of will been made necessary for the Muslims, orwhy were they commanded to make will? Thereupon he said: Hemade the will according to the Book of Allah, the Exalted andMajestic.Bk 13, Number 4010:This hadith has been narrated on the authority of Malik b.Mighwal with the same chain of transmitters but with a slightvariation of words. In the hadith related by Waki (the wordsare)" I said: How the people have been ordered about the will"; and in the hadith of Ibn Numair (the words are):" How thewill has been prescribed for the Muslims, .Bk 13, Number 4011:Aisha reported: Allahs Messenger (may peace be upon him)left neither dinar nor dirham (wealth in the form of cash),nor goats (and sheep), nor camels. And he made no will aboutanything (in regard to his material possessions, as he hadnone),Bk 13, Number 4012:This hadith has been narrated on the authority of Amash withthe same chain of transmitters.Bk 13, Number 4013:Aswad b. Yazid reported: It was mentioned before Aisha thatwill had been made (by the Holy Prophet) in favour of Ali (asthe Prophets first caliph), whereupon she said: When did hemake will in his favour? I had been providing support to him(to the Holy Prophet) with my chest (or with my lap). He askedfor a tray, when he fell in my lap (relaxing his body), and Idid not realise that he had breathed his last. When did hemake any will in his (Alis) favour?Bk 13, Number 4014:Said b. Jubair reported that Ibn Abbas said: Thursday, (andthen said): What is this Thursday? He then wept so much that
  8. 8. his tears moistened the pebbles. I said: Ibn Abbas, what is(significant) about Thursday? He (Ibn Abbas) said: Theillness of Allahs Messenger (may peace be upon him) took aserious turn (on this day), and he said: Come to me, so that Ishould write for you a document that you may not go astrayafter me. They (the Companions around him) disputed, and it isnot meet to dispute in the presence of the Apostle. They said:How is lie (Allahs Apostle)? Has he lost his consciousness?Try to learn from him (this point). He (the Holy Prophet)said: Leave me. I am better in the state (than the one inwhich you are engaged). I make a will about three things: Turnout the polytheists from the territory of Arabia; showhospitality to the (foreign) delegations as I used to showthem hospitality. He (the narrator) said: He (Ibn Abbas) keptsilent on the third point, or he (the narrator) said: But Iforgot that.Bk 13, Number 4015:Said b. Jubair reported from Ibn Abbas that he said:Thursday, and what about Thursday? Then tears began to flowuntil I saw them on his cheeks as it they were the strings ofpearls. He (the narrator) said that Allahs Messenger (maypeace be upon him) said: Bring me a shoulder blade and ink−pot(or tablet and inkpot), so that I write for you a document (byfollowing which) you would never go astray. They said: AllahsMessenger (may peace upon him) is in the state ofunconsciousness.Bk 13, Number 4016:Ibn Abbas reported: When Allahs Messenger (may peace be uponhim) was about to leave this world, there were persons (aroundhim) in his house, Umar b. al−Kbattab being one of them.Allahs Apostle (may peace be upon him) said: Come, I maywrite for you a document; you would not go astray after that.Thereupon Umar said: Verily Allahs Messenger (may peace beupon him) is deeply afflicted with pain. You have the Quranwith you. The Book of Allah is sufficient for us. Those whowere present in the house differed. Some of them said: Bringhim (the writing material) so that Allahs Messenger (maypeace be upon him) may write a document for you and you would
  9. 9. never go astray after him And some among them said what Umarhad (already) said. When they indulged in nonsense and beganto dispute in the presence of Allahs Messenger (may peace beupon him), he said: Get up (and go away) Ubaidullah said: IbnAbbas used to say: There was a heavy loss, indeed a heavyloss, that, due to their dispute and noise. Allahs Messenger(may peace be upon him) could not write (or dictate) thedocument for them.

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