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‏الوصية (The Book of Bequests)
CHAPTER: WILL CAN BE MADE ONLY FOR ONE-THIRD  

No. 3991

Amir b. Sa'd reported on the authority of his father (Sa'd b. Abi Waqqas): Allaah's Messenger (sallAllaahu alayhi wa sallam) visited me in my illness which brought me near death in the year of Hajjat-ul-Wada' (Farewell Pilgrimage). I said: Allaah's Messenger, you can well see the pain with which I am afflicted and I am a man possessing wealth, and there is none to inherit me except only one daughter. Should I give two-thirds of my property as Sadaqa? He said: No. I said: Should I give half (of my property) as Sadaqa? He said: No. He (further) said: Give one-third (in charity) and that is quite enough. To leave your heirs rich is better than to leave them poor, begging from people; that you would never incur an expense seeking therewith the pleasure of Allaah, but you would be rewarded therefor, even for a morsel of food that you put in the mouth of your wife. I said: Allaah's Messenger. would I survive my companions? He (the Prophet) said: If you survive them, then do such a deed by means of which you seek the pleasure of Allaah, but you would increase in your status (in religion) and prestige; you may survive so that people would benefit from you, and others would be harmed by you. (The Prophet) further said: Allaah, complete for my Companions their migration, and not cause them to turn back upon their heels. Sa'd b. Khaula is, however, unfortunate. Allaah's Messenger (sallAllaahu alayhi wa sallam) felt grief for him as he had died in Mecca.

No. 3992

This hadith is narrated on the authority of Zuhri with the same chain of transmitters.

No. 3993

'Amir b. Sa'd reported from S'ad (b. Abu Waqqas): Allaah's Prophet (sallAllaahu alayhi wa sallam) visited me to inquire after my health, the rest of the hadith is the same as transmitted on the authority of Zuhri, but lie did not make mention of the words of Allaah's Prophet (sallAllaahu alayhi wa sallam) in regard to Sa'd b. Khaula except this that he said:" He (the Prophet) did not like death in the land from which lie had migrated."

No. 3994

Mus'ab b. Sa'd reported on the authority of his father. I was ailing. I sent message to Allaah's Prophet (sallAllaahu alayhi wa sallam) saying: Permit me to give away my property as I like. He refused. I (again) said: (Permit me) to give away half. He (again refused). I (again said): Then one-third. He (the Prophet) observed silence after (I had asked permission to give away) one-third. He (the narrater) said: It was then that endowment of one-third became permissible.

No. 3995

This hadith has been narrated on the authority of Simak with the same chain of transmitters. But he did not mention:" It was then that one-third became permissible."

No. 3996

Ibn Sa'd reported his father as saying: Allaah's Prophet (sallAllaahu alayhi wa sallam) visited me during my illness. I said: I am willing away the whole of my property. He said: No. I said: Then half? He said: No. I said: Should I will away one-third? He said: Yes, and even one-third is enough.

No. 3997

Humaid b. 'Abd al-Rahman al-Himyari reported from three of the sons of Sa'd all of whom reported from their father that Allaah's Prophet (sallAllaahu alayhi wa sallam) visited Sa'd as he was ill in Mecca. He (Sa'd) wept. He (the Prophet) said: What makes you weep? He said: I am afraid I may die in the land from where I migrated as Sa'd b. Khaula had died. Thereupon Allaah's Prophet (sallAllaahu alayhi wa sallam) said: O Allaah, grant health to Sa'd. O Allaah, grant health to Sad. He repeated it three times. He (Sa'd) said: Allaah's Messenger, I own a large property and I have only one daughter as my inheritor. Should I not will away the whole of my property? He (the Prophet) said: No. He said: (Should I not will away, ) two-thirds of the property? he (the Prophet) said: No. He (Sa'd) (again) said: (Should I not will away) half (of my property)? He said: No. He (Sa'd) said: Then one-third? Thereupon he (the Prophet) said: (Yes), one-third, and one-third is quite substanial. And what you spend as charity from your property is Sadaqa and flour spending on your family is also Sadaqa, and what your wife eats from your property is also Sadaqa, and that you leave your heirs well off (or he said: prospreous) is better than to leave them (poor and) begging from people. He (the Prophet) pointed this with his hands.

No. 3998

Humaid b. Abd al-Rahmin al-Himayri reported on the authority of the three of the sons of Sa'd: They said: Sa'd fell ill in Mecca. Allaah's Messenger (sallAllaahu alayhi wa sallam) visited him to inquire after his health. The rest of the hadith is the same.

No. 3999

Humaid b. Abd al-Rahman reported this hadith on the authority of three of Sa'd's sons: Sa'd fell ill in Mecca and Allaah's Prophet (sallAllaahu alayhi wa sallam) visited him. The rest of the hadith is the same.

No. 4000

Ibn 'Abbas (Allaah be pleased with them) said: (I wish) if people would reduce from third to fourth (part for making a will of their property), for Allaah's Messenger (sallAllaahu alayhi wa sallam) said: So far as the third (part) is concerned it is quite substantial. In the hadith transmitted on the authority of Waki (the words are)" large" or" much".




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