Book of Bequests (Wasiyya)

Bequests (wasiyya) is the plural of 'wasiyya', just as 'ataya' is the plural of 'atiya' (gift). A bequest of property is the voluntary donation of it after death. Its basis is the Book (Quran), the Sunnah, and consensus (ijma'). As for the Book, it is the saying of Allah, glory be to Him and Exalted: "It is prescribed for you, when death approaches one of you, if he leaves behind wealth, to make a bequest" (2:180). Allah, the Exalted, also said: "After any bequest he may make or debt" (4:12). As for the Sunnah, Sa'd ibn Abi Waqqas narrated, saying: "The Messenger of Allah, may Allah bless him and grant him peace, came to visit me during the Farewell Pilgrimage because of an illness that had become severe upon me. I said: 'O Messenger of Allah, the illness has reached me, as you see, and I possess wealth and have no heir except a daughter. Shall I give two-thirds of my wealth as charity?' He said: 'No.' I said: 'Then half, O Messenger of Allah?' He said: 'No.' I said: 'Then a third?' He said: 'A third, and a third is much. Indeed, that you leave your heirs wealthy is better than that you leave them poor, begging from the people.'" From Ibn Umar, that the Messenger of Allah, may Allah bless him and grant him peace, said: "It is not the right of a Muslim man who has something to bequeath that he passes two nights except that his bequest is written with him." Both are agreed upon. And Abu Umama narrated, saying: I heard the Messenger of Allah, may Allah bless him and grant him peace, say: