30/3. Chapter:
Sunan an-Nasai 3628 — One-Third Will and Family Responsibility
Bequeathing One-Third
One-Third Will in Islam and the Rights of Heirs
Sunan an-Nasai : 3628
Sunan an-NasaiHadith Number 3628
أَخْبَرَنَا عَمْرُو بْنُ عَلِيٍّ، قَالَ حَدَّثَنَا عَبْدُ الرَّحْمَنِ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنْ سَعْدِ بْنِ إِبْرَاهِيمَ، عَنْ عَامِرِ بْنِ سَعْدٍ، عَنْ أَبِيهِ، قَالَ كَانَ النَّبِيُّ صلى الله عليه وسلم يَعُودُهُ وَهُوَ بِمَكَّةَ وَهُوَ يَكْرَهُ أَنْ يَمُوتَ بِالأَرْضِ الَّتِي هَاجَرَ مِنْهَا قَالَ النَّبِيُّ صلى الله عليه وسلم " رَحِمَ اللَّهُ سَعْدَ ابْنَ عَفْرَاءَ أَوْ يَرْحَمُ اللَّهُ سَعْدَ ابْنَ عَفْرَاءَ ". وَلَمْ يَكُنْ لَهُ إِلاَّ ابْنَةٌ وَاحِدَةٌ قَالَ يَا رَسُولَ اللَّهِ أُوصِي بِمَالِي كُلِّهِ قَالَ " لاَ ". قُلْتُ النِّصْفَ قَالَ " لاَ ". قُلْتُ فَالثُّلُثَ قَالَ " الثُّلُثَ وَالثُّلُثُ كَثِيرٌ إِنَّكَ أَنْ تَدَعَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَدَعَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ مَا فِي أَيْدِيهِمْ ".
Amir b. Sa'd Narrated from:
It was narrated from 'Amir bin Sa'd that his father said: "The Prophet used to visit him when he was in Makkah, and he did not want to die in the land from which he had emigrated. The Prophet said: 'May Allah have mercy on Sa'd bin 'Afra.' He had only one daughter, and he said: 'O Messenger of Allah, shall I bequeath all my wealth?' He said: 'No.' I said: 'Half?' He said: 'No.' I said: 'One-third?' He said: 'One-third, and one-third is a lot. For you to leave your heirs independent of means is better than if you were to leave them poor, holding out their hands to people.'"
Reference : Sunan an-Nasa'i 3628In-book reference : Book 30, Hadith 18English translation : Vol. 4, Book 30, Hadith 3658
Summary of Sunan an-Nasai Hadith 3628
This narration links the one-third will in Islam with concern for a person’s heirs. Sa'd was ill in Makkah and did not want to die in the land from which he had emigrated. The Prophet visited him and mentioned mercy for Sa'd bin 'Afra. Sa'd had only one daughter and asked whether he could bequeath all his wealth. The Prophet said no. He also refused half. When Sa'd asked about one-third, the Prophet allowed it and said one-third is a lot. The reason follows clearly: leaving heirs independent of means is better than leaving them poor and asking people for what they have. The hadith teaches restraint in bequests and directs attention to the real financial needs of surviving family members.
What we learn from this hadith
- A person’s wish to give should be balanced with the needs of heirs.
- All the wealth and half the wealth were refused as bequests here.
- One-third was allowed and described as a lot.
- The hadith values leaving heirs free from need.
