30/3. Chapter:
Sunan an-Nasai 3626 — One-Third Bequest and Care for Heirs
Bequeathing One-Third
One-Third Will in Islam: Protecting the Heirs
Sunan an-Nasai : 3626
Sunan an-NasaiHadith Number 3626
أَخْبَرَنِي عَمْرُو بْنُ عُثْمَانَ بْنِ سَعِيدٍ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنِ الزُّهْرِيِّ، عَنْ عَامِرِ بْنِ سَعْدٍ، عَنْ أَبِيهِ، قَالَ مَرِضْتُ مَرَضًا أَشْفَيْتُ مِنْهُ فَأَتَانِي رَسُولُ اللَّهِ صلى الله عليه وسلم يَعُودُنِي فَقُلْتُ يَا رَسُولَ اللَّهِ إِنَّ لِي مَالاً كَثِيرًا وَلَيْسَ يَرِثُنِي إِلاَّ ابْنَتِي أَفَأَتَصَدَّقُ بِثُلُثَىْ مَالِي قَالَ " لاَ ". قُلْتُ فَالشَّطْرَ قَالَ " لاَ ". قُلْتُ فَالثُّلُثَ قَالَ " الثُّلُثَ وَالثُّلُثُ كَثِيرٌ إِنَّكَ أَنْ تَتْرُكَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ لَهُمْ مِنْ أَنْ تَتْرُكَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ ".
Amir b. Sa'd Narrated from:
It was narrated from 'Amir bin Sa'd that his father said: "I became ill with a sickness from which I later recovered. The Messenger of Allah came to visit me, and I said: 'O Messenger of Allah, I have a great deal of wealth and I have no heir except my daughter. Shall I give two-thirds of my wealth in charity?' He said: 'No.' I said: 'Half?' He said: 'No.' I said: 'One-third?' He said: '(Give) one-third, and one-third is a lot. It is better to leave your heirs independent of means, than to leave them poor and holding out their hands to people.'"
Reference : Sunan an-Nasa'i 3626In-book reference : Book 30, Hadith 16English translation : Vol. 4, Book 30, Hadith 3656
Summary of Sunan an-Nasai Hadith 3626
This hadith explains the one-third will in Islam through Sa'd’s question during illness. He had much wealth and only one daughter as an heir. He asked whether he could give two-thirds of his wealth in charity, but the Prophet said no. He then asked about half, and the answer was again no. When he asked about one-third, the Prophet allowed it while saying that one-third is a lot. The reason given is practical and compassionate: leaving heirs independent of means is better than leaving them poor and asking people for help. The hadith balances charitable giving with responsibility toward family. It does not praise giving away everything. Instead, it places a clear limit in this case and keeps the welfare of the heirs in view.
What we learn from this hadith
- A bequest of two-thirds or one-half was refused in this case.
- One-third was allowed, though the Prophet said it is a lot.
- The financial welfare of heirs should be considered.
- Charitable wishes should not ignore family responsibility.
