upon the fact that a bequest is not obligatory, except for one who has rights owed against him without evidence, or a trust (amana) without testimony, with the exception of a small group that dissented and declared it obligatory. It is narrated from Al-Zuhri that he said: Allah has made the bequest a right, regardless of whether it is small or large. It was said to Abu Mijlaz: Is there a bequest for every deceased person? He replied: If he leaves wealth (khayr). Abu Bakr 'Abd al-'Aziz said: It is obligatory for the relatives who do not inherit. This is the view of Dawud. It is also related from Masruq, Tawus, Iyas, Qatada, and Ibn Jarir. They argued using the verse and the report from Ibn 'Umar, saying: The bequest for parents and relatives who inherit was abrogated, but it remained [obligatory] for relatives who do not inherit. Our position is that it is not recorded that the majority of the companions of the Messenger of Allah, may Allah bless him and grant him peace, left a bequest, nor was there any disapproval recorded regarding that. If it were obligatory, they would not have neglected it, and it would have been widely reported from them. Furthermore, it is a gift that is not obligatory during one's lifetime, so it is not obligatory after death, like a gift to strangers. As for the verse, Ibn 'Abbas said: It was abrogated by the saying of the Almighty: "For men is a share of what the parents and close relatives leave" (4:7). Ibn 'Umar said: It was abrogated by the verse of inheritance. 'Ikrimah, Mujahid, Malik, and Al-Shafi'i held this view. A group of those who believe in the abrogation of the Quran by the Sunnah maintained that it was abrogated by the saying of the Prophet, may Allah bless him and grant him peace: "Indeed, Allah has given every possessor of a right his right, so there is no bequest for an heir." The hadith of Ibn 'Umar is interpreted as applying to one who has an obligation or a deposit (wadi'a).

Section: It is recommended (mustahabb) to make a bequest of a portion of one's wealth for one who leaves behind wealth, because Allah, the Exalted, said: "It is prescribed for you, when death approaches one of you, if he leaves wealth, that he make a bequest." Thus, the obligation was abrogated, and the recommendation remained in the right of those who do not inherit. Ibn 'Umar narrated that the Messenger of Allah, may Allah bless him and grant him peace, said: "O son of Adam, I have granted you a share of your wealth when I took your breath, to purify you and cleanse you." From Abu Hurayrah, he said: The Messenger of Allah, may Allah bless him and grant him peace, said: "Indeed, Allah has bestowed charity upon you at the time of your death with a third of your wealth."