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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 473970 - Issue: He said: (Whatever he gives during his mortal illness is considered part of the one-third)

Translation · EN

They used to write at the beginning of their bequests: In the name of Allah, the Most Gracious, the Most Merciful. This is what so-and-so has bequeathed, that he bears witness that there is no god but Allah, alone with no partner, and that Muhammad is His servant and Messenger, and that the Hour is coming, there is no doubt about it, and that Allah will resurrect those who are in the graves. He also enjoined those he left behind of his family to fear Allah, to rectify the matters of their relationship, and to obey Allah and His Messenger if they are believers. He also enjoined upon them what Abraham and Jacob enjoined upon their sons: {O my sons, indeed Allah has chosen for you the religion, so do not die except while you are Muslims} (12). This was reported by Sa'id (13), from Fudayl ibn Iyad, from Hisham ibn Hassan, from Ibn Sirin, from Anas. It was also narrated from Ibn Mas'ud that he wrote [in his bequest] (14): In the name of Allah, the Most Gracious, the Most Merciful. This is a record of what Abdullah ibn Mas'ud has bequeathed, that if the event of death occurs to me from this illness of mine, that the reference for my bequest is to Allah Almighty (15), then to al-Zubayr ibn al-Awwam and his son Abdullah, and that they are free to act and have the authority in what they take charge of and judge, and that no woman from the daughters of Abdullah shall be married except with their permission (16). Ibn Abd al-Barr narrated that he said: It was in the bequest of Abu al-Darda': In the name of Allah, the Most Gracious, the Most Merciful. This is what Abu al-Darda' has bequeathed, that he bears witness that there is no god but Allah, alone with no partner, and that Muhammad is His servant and Messenger, and that Paradise is true, and that the Fire is true, and that Allah will resurrect those who are in the graves, and that he believes in Allah and rejects Taghut (idolatry/false deities), and upon that he lives and dies, if Allah wills. And he bequeathed regarding what Allah Almighty has provided him, such-and-such, and that this is his bequest if he does not change it.

970 - Issue; he said: (And whatever he gives during his illness in which he dies, it is from the one-third.)

The sum of this is that voluntary transfers of wealth that are finalized, such as manumission (freeing a slave), preferential treatment in sales (muhabat), gifted property that has been taken into possession,

Notes

(12) Surah Al-Baqarah, 132. (13) It was also reported by al-Darimi in: the chapter on what is recommended in a bequest regarding the testimony and speech, from the Book of Bequests. Sunan al-Darimi 2/404. And Abd al-Razzaq in: the chapter on how a bequest is written, from the Book of Bequests. Al-Musannaf 9/53. (14) Omitted from [the manuscript] M. (15) In [the manuscripts] A and M, the addition: "and to His Messenger". (16) Reported by al-Bayhaqi in: the chapter on executors, from the Book of Bequests. Al-Sunan al-Kubra 6/282, 283.

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