"Indeed, Allah has given every possessor of a right his right, so there is no bequest for an heir." Recorded by Sa'id, Abu Dawud, and Al-Tirmidhi (6), who said: It is a hasan sahih (good, authentic) hadith. It is also narrated from Ali, may Allah be pleased with him, that he said: You read this verse: "After any bequest he may make or debt" (4:12), yet the Prophet, may Allah bless him and grant him peace, decreed that the debt is before the bequest. Recorded by Al-Tirmidhi (8). Scholars in all lands and eras (9) have reached a consensus on the permissibility of a bequest.
Section: A bequest is not obligatory except upon one who owes a debt, has something deposited with him (wadi'a), or owes an obligation for which he must make a bequest to fulfill. For Allah, the Exalted, has commanded the fulfillment of trusts, and the way to do this in this matter is through a bequest; thus, it becomes obligatory upon him. As for a bequest of a portion of his wealth, it is not obligatory upon anyone, according to the opinion of the majority. This was also the view of Al-Sha'bi, Al-Nakha'i, Al-Thawri, Malik (10), Al-Shafi'i, the proponents of opinion (Ashab al-Ra'y), and others. Ibn 'Abd al-Barr said: They have reached a consensus
= Sunan Ibn Majah 2/901. Al-Darimi, in: Chapter on one who considers a bequest recommended, from the Book of Bequests. Sunan al-Darimi 2/402. Imam Malik, in: Chapter on the command to make a bequest, from the Book of Bequests. Al-Muwatta 2/761. Imam Ahmad, in: Al-Musnad 2/10, 50, 57, 80, 1130. (6) Recorded by Abu Dawud, in: Chapter on what is related regarding a bequest to an heir, from the Book of Sales. Sunan Abi Dawud 2/103. Al-Tirmidhi, in: Chapter on what is related that there is no bequest for an heir, from the Chapters of Bequests. Aridat al-Ahwadhi 8/275, 278. It was also recorded by Al-Nasa'i, in: Chapter on the invalidation of a bequest to an heir, from the Book of Bequests. Al-Mujtaba 6/207. Ibn Majah, in: Chapter on no bequest for an heir, from the Book of Bequests. Sunan Ibn Majah 2/905, 906. Al-Darimi, in: Chapter on a bequest for an heir, from the Book of Bequests. Sunan al-Darimi 2/419. Imam Ahmad, in: Al-Musnad 4/186, 187, 238, 239, 5/267. (7) Omitted from: Al-Asl, M. (8) In: Chapter on what is related regarding the inheritance of siblings from the father and mother, from the Chapters of Shares, and in: Chapter on what is related that the debt is initiated before the bequest, from the Chapters of Bequests. Aridat al-Ahwadhi 8/245, 246, 279. It was also recorded by Al-Bukhari, in: Chapter on the interpretation of the saying of Allah the Exalted: "After any bequest he may make or debt", from the Book of Bequests. Sahih al-Bukhari 4/6. Ibn Majah, in: Chapter on the debt before the bequest, Sunan Ibn Majah 2/906. Imam Ahmad, in: Al-Musnad 1/79, 131, 144. (9) Omitted from: Al-Asl. (10) In M, there is an addition: "and Ishaq".
