30/3. Chapter:
Sunan an-Nasai 3627 — Why a Bequest Should Not Take All Wealth
Bequeathing One-Third
Islamic Bequest Limit: One-Third Is a Lot
Sunan an-Nasai : 3627
Sunan an-NasaiHadith Number 3627
أَخْبَرَنَا عَمْرُو بْنُ مَنْصُورٍ، وَأَحْمَدُ بْنُ سُلَيْمَانَ، - وَاللَّفْظُ لأَحْمَدَ - قَالاَ حَدَّثَنَا أَبُو نُعَيْمٍ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنْ سَعْدِ بْنِ إِبْرَاهِيمَ، عَنْ عَامِرِ بْنِ سَعْدٍ، عَنْ سَعْدٍ، قَالَ جَاءَنِي النَّبِيُّ صلى الله عليه وسلم يَعُودُنِي وَأَنَا بِمَكَّةَ قُلْتُ يَا رَسُولَ اللَّهِ أُوصِي بِمَالِي كُلِّهِ قَالَ " لاَ ". قُلْتُ فَالشَّطْرَ قَالَ " لاَ ". قُلْتُ فَالثُّلُثَ قَالَ " الثُّلُثَ وَالثُّلُثُ كَثِيرٌ إِنَّكَ أَنْ تَدَعَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَدَعَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ يَتَكَفَّفُونَ فِي أَيْدِيهِمْ ".
Sa'd Narrated from:
The Prophet came to visit me when I was in Makkah. I said: 'O Messenger of Allah, shall I bequeath all my money?' He said: 'No.' I said: 'One-half?' He said: 'No.' I said: 'One-third?' He said: '(Bequeath) one-third, and one-third is a lot. If you leave your heirs independent of means, that is better than if you leave them poor and holding out their hands to people.'
Reference : Sunan an-Nasa'i 3627In-book reference : Book 30, Hadith 17English translation : Vol. 4, Book 30, Hadith 3657
Summary of Sunan an-Nasai Hadith 3627
This hadith gives a simple answer to how much can be bequeathed in Sa'd’s situation. While the Prophet was visiting him in Makkah, Sa'd asked if he should bequeath all his money. The Prophet said no. Sa'd then asked about half, and again the answer was no. When he asked about one-third, the Prophet said one-third, adding that one-third is a lot. He then explained that leaving heirs independent of means is better than leaving them poor and reaching out to people. The main lesson of the Islamic bequest limit is balance. A person may want to give generously, but this narration keeps the needs of heirs in view. It clearly rejects giving away all or half in this case and accepts one-third as the upper amount discussed.
What we learn from this hadith
- Giving away all the wealth by bequest was refused.
- A bequest of half was also refused.
- One-third was permitted but described as a lot.
- Leaving heirs financially secure is presented as the better outcome.
