30/5. Chapter:
Sunan an-Nasai 3643 — Every Rightful Heir Has a Due
Invalidating Bequests To Heirs
Every Rightful Heir Has a Due: The No-Bequest Rule
Sunan an-Nasai : 3643
Sunan an-NasaiHadith Number 3643
أَخْبَرَنَا عُتْبَةُ بْنُ عَبْدِ اللَّهِ الْمَرْوَزِيُّ، قَالَ أَنْبَأَنَا عَبْدُ اللَّهِ بْنُ الْمُبَارَكِ، قَالَ أَنْبَأَنَا إِسْمَاعِيلُ بْنُ أَبِي خَالِدٍ، عَنْ قَتَادَةَ، عَنْ عَمْرِو بْنِ خَارِجَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنَّ اللَّهَ عَزَّ اسْمُهُ قَدْ أَعْطَى كُلَّ ذِي حَقٍّ حَقَّهُ وَلاَ وَصِيَّةَ لِوَارِثٍ ".
'Amr bin Kharijah Narrated from:
The Messenger of Allah said: 'Allah, Mighty is His Name, has given every person who has rights his due, and there is no bequest to an heir.'
Reference : Sunan an-Nasa'i 3643In-book reference : Book 30, Hadith 33English translation : Vol. 4, Book 30, Hadith 3673
Summary of Sunan an-Nasai Hadith 3643
This hadith repeats a firm principle about inheritance and wills. The Messenger of Allah says that Allah, Mighty is His Name, has given every person who has rights his due, and there is no bequest to an heir. The central point is that an heir’s share is already based on an assigned right. A personal bequest should not be used to give that same heir an added portion from the estate. This helps keep the distribution tied to rights rather than favoritism. The no bequest to an heir hadith is especially relevant when writing a will, because it sets a clear limit on what a bequest may do. It calls the person making the will to accept the shares that Allah has already given.
What we learn from this hadith
- Give each rightful person the due assigned to them.
- Do not add a bequest for an heir who already receives an inheritance share.
- Avoid using a will to favor one heir over the assigned rights of others.
- Remember that estate distribution is connected to duties and rights.
