180- IT IS PRESCRIBED FOR YOU THAT IF DEATH COMES TO ANY OF YOU, IF HE LEAVES GOODS, THE WILL SHOULD BE FOR THE PARENTS AND THE CLOSE KIN IN KINDNESS, A DUTY UPON THE PIOUS.181- SHOULD ANY ONE CHANGE IT AFTER THEY HAVE HEARD IT, IT’S GUILT US UPON THOSE WHO CHANGE IT, AND ALLAH HEARS AND SEES ALL THINGS.182- SHOULD ANY ONE FEARS INJUSTICE OR WRONG DOING AND HE MAKES PEACE BETWEEN THEM, THERE IS NOTGUILT UPON HIM, AND ALLAH IS MOST FORGIVING AND MOST MERCIFUL.
These Ayahs were sent down commanding the Muslims to make a will each. This was before the Ayahs of Sorah Al-Nesae concerning inheritance were sent down. Before then, the according to these Ayahs each Muslim should have made a will. At the time, the Muslim could dispose of his whole estate through a will. After the Ayahs of inheritance, one could make a will in no more than one third of his estate, is if he/she wants to make a will, for it became optional.The rules concerning wills are as follows:1- The person should be leaving wealth or goods which after distributing to the inheritors leave some for the will.
2- Debt should be paid out from the deceased estate before the paying the will. In fact debt should be paid out before any inheritor inherits. Allah’s messenger prayer and peace upon him said: “Debt should be paid before the will”. (B:Wasaya,9 & T:Wasaya;6 & Ma:Wasaya;7 & A:1;79)
3- The will should be for no more than one third of the whole estate. The third is a limit not a target. At least two thirds of the estate should be distributed between the lawful inheritors according to Islamic Law. Also, at present the will is not an obligation, but an option.Saad Ibn Abi Waqas was sick and Allah’s messenger prayer and peace upon him went to see him, Saad said: “Allah’s messenger, I have wealth, and only my daughter inherits me, shall I make a will in two thirds of my estate? He said: “No”. Saad said: “Half then?” He said: “No” Saad said: “A third?” Allah’s messenger prayer and peace upon him said: “A third and the third is plenty. It is better to leave your inheritors well off than to leaving them dependant on others, stretching their hands out to people”. (B: Janaez; 36 & M: Wasaya; 5, 97 & T: Janaez; 6)
4- A person might write a will or leave a verbal will. It is in trust with those who know it and it is a great sin to change it in any way.
5- The Will should not cause Injustice. A person’s will is the last deed in his life to execute after his death. One should be sure that this last deed is not unjust. How may this happen?A man who has 4 children and a wife might wish to leave some money or property to a relation. If he leaves him a third, then he will have a bigger share than any of his own children, which is unjust. Allah’s messenger prayer and peace upon him said: “A man will do the deeds of the righteous for seventy years, but when he makes an unjust will, and will end his life with the worst of his deeds and will be sent to the Fire. And a man will do the sinful for seventy years, and will be just in his will; he will end his life with the best of his deeds and will be sent to the Paradise”. (Ma: Wasaya; 3 & a: 2; 278)
6- No Will should be made to Lawful Inheritors. One can not make a will to any of the lawful inheritors, thus increasing their share in the inheritance above what Allah the Highest decided for them. Allah’s messenger prayer and peace upon him said: “Allah has given every one who has a right his due right; therefore, there is no share in a will for a lawful inheritor”. (B:Wasaya;6 & D:Wasaya:6 & T:Wasaya;5)
7- A Muslim who knows about any potential injustice in a person’s will, should try to intercede to prevent it, thus preventing a fellow Muslim from committing injustice which is a great sin.If a Muslim decides to make a will, he/she should be careful not to let his desires lead him astray and make him unjust in his will.
B: Bukhari M: Muslim Mal: Malek A: Ahmed D: Abu DawoodDa: Daremy Ma: Ibn Magah N: Nesae T: Termezi
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