30/5. Chapter:

Sunan an-Nasai 3642 — Inheritance Shares and Bequests

Invalidating Bequests To Heirs

Inheritance Shares in Islam: Why There Is No Bequest to an Heir

Sunan an-NasaiHadith Number 3642

أَخْبَرَنَا إِسْمَاعِيلُ بْنُ مَسْعُودٍ، قَالَ حَدَّثَنَا خَالِدٌ، قَالَ حَدَّثَنَا سَعِيدٌ، قَالَ حَدَّثَنَا قَتَادَةُ، عَنْ شَهْرِ بْنِ حَوْشَبٍ، أَنَّ ابْنَ غَنْمٍ، ذَكَرَ أَنَّ ابْنَ خَارِجَةَ، ذَكَرَ لَهُ أَنَّهُ شَهِدَ رَسُولَ اللَّهِ صلى الله عليه وسلم يَخْطُبُ النَّاسَ عَلَى رَاحِلَتِهِ وَإِنَّهَا لَتَقْصَعُ بِجِرَّتِهَا وَإِنَّ لُعَابَهَا لَيَسِيلُ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم فِي خُطْبَتِهِ ‏ "‏ إِنَّ اللَّهَ قَدْ قَسَّمَ لِكُلِّ إِنْسَانٍ قِسْمَهُ مِنَ الْمِيرَاثِ فَلاَ تَجُوزُ لِوَارِثٍ وَصِيَّةٌ ‏"‏‏.‏

Ibn Kharijah Narrated from:

It was narrated from Shahr bin Hawshab that Ibn Ghanm mentioned that Ibn Kharijah told him that he saw the Messenger of Allah addressing the people from atop his mount, which was chewing its cud and its saliva was dripping down. The Messenger of Allah said in his Khutbah: "Allah has given each person a share of the inheritance, and it is not permissible to give bequests to an heir."

Reference : Sunan an-Nasa'i 3642In-book reference : Book 30, Hadith 32English translation : Vol. 4, Book 30, Hadith 3672

Summary of Sunan an-Nasai Hadith 3642

This narration records the Messenger of Allah addressing the people while riding his mount. In the sermon, he said that Allah has divided for every person a share of the inheritance and that a bequest for an heir is not permissible. The focus is the protection of inheritance shares. The hadith does not present the estate as something that may be reshaped freely after death. Instead, it points to shares already divided by Allah. For that reason, the no bequest to an heir rule keeps a separate will from being used to increase one heir’s portion. The simple lesson is to respect the assigned inheritance rights and avoid changing them through a bequest. The scene also shows that this teaching was announced publicly to the people.

What we learn from this hadith

  • Respect the inheritance shares that Allah has divided.
  • Do not make a separate bequest for someone who is already an heir.
  • Keep a will from being used to alter assigned family rights.
  • Share important financial guidance clearly, as the Prophet did in his public address.

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