The Chapters
on Wills from Sunan Ibn Majah
2695 It was
narrated that ‘Aishah said: “The Messenger of Allah (saw) did not leave behind
a Dinar nor a Dirham, nor a sheep nor a camel, and he did not make a will
concerning anything.” (Sahih)
2696 It was
narrated from Malik bin Mighwal that Talhah bin Musarrif said: “I said to
‘Abdullah bin Abu Awfa: ‘Did the Messenger of Allah (saw) make a will
concerning anything?’ He said: ‘No.’ I said: ‘How come he told the Muslims to
make wills?’ He said: ‘He enjoined (them to adhere to) the Book of Allah.’”
Malik said: “Talhah bin Musarrif said: ‘Huzail bin Shurahbil said: “Abu Bakr
was granted leadership according to the will of Allah’s Messenger (saw)?”
(Rather) Abu Bakr wished that he found a covenant (in that regard) from Allah’s
Messenger (saw), so he could fetter his nose with a (camel’s) nose ring.’”
(Sahih)
2697 It was
narrated that Anas bin Malik said: “What the Messenger of Allah (saw) most
enjoined when he was dying and breathing his last was: The prayer; and those
whom your right hands possess.’” (Da’if)
2698 It was
narrated that ‘Ali bin Abu Talib said: “The last words of the Prophet (saw)
were: The prayer; and those whom your right hands possess.’” (Da’if)
2699 It was
narrated from Ibn ‘Umar that the Messenger of Allah (saw) said: “The Muslim man
has no right to spend two nights, if he has something for which a will should
be made, without having a written will with him.” (Sahih)
2700 It was
narrated from Anas bin Malik that the Messenger of Allah (saw) said: “The one
who is deprived is the one who is deprived of a will.” (Da’if)
2701 It was
narrated from Jabir bin ‘Abdullah that the Messenger of Allah (saw) said:
“Whoever dies leaving a will, he dies on the right path and Sunnah, and he dies
with piety and witness, and he dies forgiven.” (Da’if)
2702 It was
narrated from Ibn ‘Umar that the Prophet (saw) said: “The Muslim man has no
right to spend two nights, if he has something for which a will should be made,
without having a written will with him.” (Sahih)
2703 It was
narrated from Anas bin Malik that the Messenger of Allah (saw) said: “Whoever
tries to avoid giving the inheritance to his heirs, Allah will deprive him of
his inheritance in Paradise on the Day of Resurrection.” (Da’if)
2704 It was
narrated from Abu Hurairah that the Messenger of Allah (saw) said: “A man may
do the deeds of the people of goodness for seventy years, then when he makes
his will, he is injust in his will, so he ends (his life) with evil deeds and
enters Hell. And a man may do the deeds of the people of evil for seventy
years, then he is just in his will, so he ends (his life) with good deeds and
enters Paradise.”
Abu Hurairah said: “Recite, if you wish: ‘These are the
limits (set by) Allah’ up to His saying: ‘a disgraceful torment.’” [4:13-14]
(Hasan)
2705 It was
narrated from Mu’awiyah bin Qurrah, from his father that the Messenger of Allah
(saw) said: “Whoever makes a will as death approaches, and his will is in
accordance with the Book of Allah, it will be an expiation for whatever he did
not pay of his Zakah during his lifetime.” (Da’if)
2706 It was
narrated that Abu Hurairah said: “A man came to the Prophet (saw) and said: ‘O
Messenger of Allah, tell me, which of the people has most right to my good
companionship?’ He said: ‘Yes, by your father, you will certainly be told.’* He
said: ‘Your mother.’ He said, ‘Then who?’ He said: ‘Your mother.’ He said:
‘Then who?’ He said: ‘Your mother.’ He said: ‘Then who?’ He said: ‘Then your
father.’ He said: ‘Tell me, O Messenger of Allah, about my wealth – how should
I give in charity?’ He said: ‘Yes, by Allah, you will certainly be told. You
should give in charity when you are still healthy and greedy for wealth, hoping
for a long life and fearing poverty. Do not tarry until your soul reaches here
and you say: “My wealth is for so-and-so,” and “My wealth is for so-and-so,”
and it will be for them even though you dislike that.’” (Sahih)
*The commentaries say that it was either the type of
statement that comes upon the tongue without intending its actual meaning, or,
that this was stated prior to the narrations which forbid swearing by one’s
father. And some of them said that narrations such as this prove that the
prohibition for swearing by one’s father are intended to censure, not to make
it absolutely prohibited. The second view appears most likely, and is the
safest view, and indeed Allah knows best.
2707 It was
narrated that Busr bin Jahhash Al-Qurashi that the Prophet (saw) spat in his
palm and then pointed with his index finger and said: “Allah says: ‘Do you
think you can escape from My punishment, O son of Adam, when I have created you
from something like this? When your soul reaches here’ – and (the Prophet
(saw)) pointed to his throat – ‘You say: I give in charity.’ But it is too late
for charity?’” (Sahih)
2708 It was
narrated from ‘Amir bin Sa’d that his father said: “I became sick during the
year of the Conquest, and was at death’s door. The Messenger of Allah (saw)
came to visit me and I said: ‘O Messenger of Allah, I have a great deal of
wealth and no one will inherit from me apart from my daughter. Can I give two
thirds of my wealth in charity?’ He said: ‘No.’ I said: ‘Then half?’ He said:
‘No.’ I said: ‘One third?’ He said: ‘One third, and one third is a lot. If you
leave your heirs rich that is better than leaving them destitute and begging
from people.’” (Sahih)
2709 It was
narrated from Abu Hurairah that the Messenger of Allah (saw) said: “Allah has
been charitable with you over the disposal of one third of your wealth at the
time of your death, so that you may be able to add to the record of your good
deeds.” (Da’if)
2710 It was
narrated from Ibn ‘Umar that the Messenger of Allah (saw) said: “(Allah says:)
O son of Adam! I have given you two things which you do not deserve (except by
the mercy of Allah): I allow you to dispose of a share of your wealth when you
are on your deathbed, in order to cleanse and purify you, and My slaves pray
for you after your life is over.” (Da’if)
2711 It was
narrated that Ibn ‘Abbas said: “I would like the people to reduce (the will)
from one third to one quarter, because the Messenger of Allah (saw) said: ‘One
third is a lot.’” (Sahih)
2712 It was
narrated from ‘Amr bin Kharijah: “The Prophet (saw) addressed them when he was
on his camel. His camel was chewing its cud and its saliva was dripping between
my shoulders. He said: ‘Allah has allocated for each heir his share of the
inheritance, so it is not permissible (to make) a bequest for an heir. The
child belongs to the bed and the adulterer gets the stone. Whoever claims to
belong to someone other than his father, or (a freed slave) who claims that his
Wala’* is for other than his Mawali, upon him will be the curse of Allah, and
the angels and all the people, and no change nor equitable exchange will be
accepted from him.’”** Or he said: “No equitable exchange nor change.” (Hasan)
*Referring to the relationship of inheritance the freed
slave and the one who freed him. In most cases, the freed slave’s tribe name
will be the same as that of the one who freed him. See no. 2609.
** No Sarf – they say it means no repentance, which is
changing from the state of disobedience to the state of obedience; and no ‘Adl
– meaning no equity through ransoming. And it is said to be for the purpose of
stressing the gravity of the wrong. See explanation by Sindi. See no. 2635.
2713 Shurahbil
bin Muslim Al-Khawlani narrated from Abu Umamah Al-Bahili that he heard the
Messenger of Allah (saw) say in his sermon, during the year of the Farewell
pilgrimage: “Allah has given each person who has rights his rights, and there
is no bequest for an heir.” (Hasan)
2714 It was
narrated that Anas bin Malik said: “I was under the she-camel of the Messenger
of Allah (saw) and its saliva was dripping between my shoulders, and I heard
him say: ‘Allah has given each person who has rights his rights, but there is
no bequest for an heir.’” (Sahih)
2715 It was
narrated that ‘Ali said: “The Messenger of Allah (saw) ruled that the debts
should be paid off before the execution of the will. You recite: ‘(The
distribution in all cases is) after the payment of legacies he may have
bequeathed or debts.’ [4:11] The sons of one mother (from the same father)
inherit from one another, but not the sons from different mothers (but the same
father).” (Da’if)
2716 It was
narrated from Abu Hurairah that a man asked the Messenger of Allah (saw): “My
father died and left behind wealth, but he did not make a will. Will it expiate
for him if I give charity on his behalf?” He said: “Yes.” (Sahih)
2717 It was
narrated from ‘Aishah that a man came to the Prophet (saw) and said: “My mother
died unexpectedly and she had not made a will. I think that if she could have
spoken, she would have given in charity. Will she have a reward if I give in
charity on her behalf, and will I have a reward?” He said: “Yes.” (Sahih)
2718 It was
narrated from ‘Amr bin Shu’aib, from his father, that his grandfather said: “A
man came to the Prophet (saw) and said: ‘I do not have anything and I have no
wealth, but I have an orphan (under my care) who has wealth.” He said: “Eat
from the wealth of your orphan, without being extravagant or use it for trade.”
He (the narrator) said: “And I think he said: ‘Do not preserve your wealth
using his instead.’” (Hasan)
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