Wills and Testaments (Wasaayaa)
Volume 4, Book 51, Number 1:
Narrated Abdullah bin Umar: Allah's Apostle said, "It is not
permissible for any Muslim who has something to will to stay for two
nights without having his last will and testament written and kept
ready with him."
Volume 4, Book 51, Number 2:
Narrated Amr bin Al-Harith:
(The brother of the wife of Allah's Apostle. Juwaira bint Al-Harith)
When Allah's Apostle died, he did not leave any Dirham or Dinar (i.e.
money), a slave or a slave woman or anything else except his white
mule, his arms and a piece of land which he had given in charity .
Volume 4, Book 51, Number 3:
Narrated Talha bin Musarrif:
I asked 'Abdullah bin Abu Aufa "Did the Prophet make a will?" He
replied, "No," I asked him, "How is it then that the making of a will
has been enjoined on people, (or that they are ordered to make a
will)?" He replied, "The Prophet bequeathed Allah's Book (i.e.
Quran)."
Volume 4, Book 51, Number 4:
Narrated Al-Aswad:
In the presence of 'Aisha some people mentioned that the Prophet had
appointed 'Ali by will as his successor. 'Aisha said, "When did he
appoint him by will? Verily when he died he was resting against my
chest (or said: in my lap) and he asked for a wash-basin and then
collapsed while in that state, and I could not even perceive that he
had died, so when did he appoint him by will?"
Volume 4, Book 51, Number 5:
Narrated Sad bin Abu Waqqas:
The Prophet came visiting me while I was (sick) in Mecca, ('Amir the
sub-narrator said, and he disliked to die in the land, whence he had
already migrated). He (i.e. the Prophet) said, "May Allah bestow His
Mercy on Ibn Afra (Sad bin Khaula)." I said, "O Allah's Apostle! May I
will all my property (in charity)?" He said, "No." I said, "Then may I
will half of it?" He said, "No". I said, "One third?" He said: "Yes,
one third, yet even one third is too much. It is better for you to
leave your inheritors wealthy than to leave them poor begging others,
and whatever you spend for Allah's sake will be considered as a
charitable deed even the handful of food you put in your wife's mouth.
Allah may lengthen your age so that some people may benefit by you,
and some others be harmed by you." At that time Sad had only one
daughter.
Volume 4, Book 51, Number 6:
Narrated Ibn 'Abbas:
I recommend that people reduce the proportion of what they bequeath by
will to the fourth (of the whole legacy), for Allah's Apostle said,
"One-third, yet even one third is too much."
Volume 4, Book 51, Number 7:
Narrated Sad:
I fell sick and the Prophet paid me a visit. I said to him, "O Allah's
Apostle! I invoke Allah that He may not let me expire in the land
whence I migrated (i.e. Mecca)." He said, "May Allah give you health
and let the people benefit by you." I said, "I want to will my
property, and I have only one daughter and I want to will half of my
property (to be given in charity)." He said," Half is too much." I
said, "Then I will one third." He said, "One-third, yet even one-third
is too much." (The narrator added, "So the people started to will one
third of their property and that was Permitted for them.")
Volume 4, Book 51, Number 8:
Narrated 'Aisha:
(the wife of the Prophet) Utba bin Abi Waqqas entrusted (his son) to
his brother Sad bin Abi Waqqas saying, "The son of the slave-girl of
Zam'a is my (illegal) son, take him into your custody." So during the
year of the Conquest (of Mecca) Sad took the boy and said, "This is my
brother's son whom my brother entrusted to me." 'Abu bin Zam's got up
and said, "He is my brother and the son of the slave girl of my father
and was born on my father's bed." Then both of them came to Allah's
Apostle and Sad said, "O Allah's Apostle! This is my brother's son
whom my brother entrusted to me."
Then 'Abu bin Zam'a got up and said, "This is my brother and the son
of the slave-girl of my father." Allah's Apostle said, "O Abu bin
Zam'a! This boy is for you as the boy belongs to the bed (where he was
born), and for the adulterer is the stone (i.e. deprivation)." Then
the Prophet said to his wife Sauda bint Zam'a, "Screen yourself from
this boy," when he saw the boy's resemblance to 'Utba. Since then the
boy did not see Sauda till he died.
Volume 4, Book 51, Number 9:
Narrated Anas:
A Jew crushed the head of a girl between two stones. She was asked,
"Who has done so to you, so-and-so? So-and-so?" Till the name of the
Jew was mentioned, whereupon she nodded (in agreement). So the Jew was
brought and was questioned till he confessed. The Prophet then ordered
that his head be crushed with stones.
Volume 4, Book 51, Number 10:
Narrated Ibn 'Abbas:
The custom (in old days) was that the property of the deceased would
be inherited by his offspring; as for the parents (of the deceased),
they would inherit by the will of the deceased. Then Allah cancelled
from that custom whatever He wished and fixed for the male double the
amount inherited by the female, and for each parent a sixth (of the
whole legacy) and for the wife an eighth or a fourth and for the
husband a half or a fourth.
Volume 4, Book 51, Number 11:
Narrated Abu Huraira:
A man asked the Prophet, "O Allah's Apostle! What kind of charity is
the best?" He replied. "To give in charity when you are healthy and
greedy hoping to be wealthy and afraid of becoming poor. Don't delay
giving in charity till the time when you are on the death bed when you
say, 'Give so much to so-and-so and so much to so-and so,' and at that
time the property is not yours but it belongs to so-and-so (i.e. your
inheritors)."
Volume 4, Book 51, Number 12:
Narrated Abu Huraira:
The Prophet said, "The signs of a hypocrite are three: Whenever he
speaks he tells a lie; whenever he is entrusted he proves dishonest;
whenever he promises he breaks his promise."
Volume 4, Book 51, Number 13:
Narrated 'Urwa bin Az-Zubair: Hakim bin Hizam said, "I asked Allah's
Apostle for something, and he gave me, and I asked him again and he
gave me and said, 'O Hakim! This wealth is green and sweet (i.e. as
tempting as fruits), and whoever takes it with
The upper (i.e. giving) hand is better than the lower (i.e. taking)
hand." Hakim added, "I said, O Allah's Apostle! By Him Who has sent
you with the Truth I will never demand anything from anybody after you
till I die." Afterwards Abu Bakr used to call Hakim to give him
something but he refused to accept anything from him. Then 'Umar
called him to give him (something) but he refused. Then 'Umar said, "O
Muslims! I offered to him (i.e. Hakim) his share which Allah has
ordained for him from this booty and he refuses to take it." Thus
Hakim did not ask anybody for anything after the Prophet, till he
died--may Allah bestow His mercy upon him.
Volume 4, Book 51, Number 14:
Narrated Ibn Umar:
I heard Allah's Apostle saying, "All of you are guardians and
responsible for your charges: the Ruler (i.e. Imam) is a guardian and
responsible for his subjects; and a man is a guardian of his family
and is responsible for his charges; and a lady is a guardian in the
house of her husband and is responsible for her charge; and a servant
is a guardian of the property of his master and is responsible for his
charge." I think he also said, "And a man is a guardian of the
property of his father."
Volume 4, Book 51, Number 15:
Narrated Anas:
The Prophet said to Abu Talha, "I recommend that you divide (this
garden) amongst your relatives." Abu Talha said, "O Allah's Apostle! I
will do the same." So Abu Talha divided it among his relatives and
cousins.
Ibn 'Abbes said, "When the Qur'anic Verse:
"Warn your nearest kinsmen." (26.214)
Was revealed, the Prophet started calling the various big families of
Quraish, "O Bani Fihr! O Bani Adi!".
Abu Huraira said, "When the Verse: "Warn your nearest kinsmen" was
revealed, the Prophet said (in a loud voice), "O people of Quraish!"
Volume 4, Book 51, Number 16:
Narrated Abu Huraira:
When Allah revealed the Verse: "Warn your nearest kinsmen," Allah's
Apostle got up and said, "O people of Quraish (or said similar words)!
Buy (i.e. save) yourselves (from the Hellfire) as I cannot save you
from Allah's Punishment; O Bani Abd Manaf! I cannot save you from
Allah's Punishment, O Safiya, the Aunt of Allah's Apostle! I cannot
save you from Allah's Punishment; O Fatima bint Muhammad! Ask me
anything from my wealth, but I cannot save you from Allah's
Punishment."
Volume 4, Book 51, Number 17:
Narrated Anas:
The Prophet saw a man driving a Badana (i.e. camel for sacrifice) and
said to him, "Ride on it." The man said, "O Allah's Apostle! It is a
Bandana." (The Prophet repeated his order) and on the third or fourth
time he said, "Ride it, (woe to you" or said: "May Allah be merciful
to you)."
Volume 4, Book 51, Number 18:
Narrated Abu Huraira:
Allah's Apostle saw a man driving a Badana and said to him, "Ride on
it," and on the second or the third time he added, "Woe to you."
Volume 4, Book 51, Number 19:
Narrated Ibn 'Abbas:
The mother of Sad bin 'Ubada died in his absence. He said, "O Allah's
Apostle! My mother died in my absence; will it be of any benefit for
her if I give Sadaqa on her behalf?" The Prophet said, "Yes," Sad
said, "I make you a witness that I gave my garden called Al Makhraf in
charity on her behalf."
Volume 4, Book 51, Number 20:
Narrated Kab bin Malik:
I said, "O Allah's Apostle! For the acceptance of my repentance I wish
to give all my property in charity for Allah's sake through His
Apostle ." He said, "It is better for you to keep some of the property
for yourself." I said, "Then I will keep my share in Khaibar."
Volume 4, Book 51, Number 21:
Narrated Ibn 'Abbas:
Some people claim that the order in the above Verse is cancelled, by
Allah, it is not cancelled, but the people have stopped acting on it.
There are two kinds of guardians (who are in charge of the
inheritance): One is that who inherits; such a person should give (of
what he inherits to the relatives, the orphans and the needy, etc.),
the other is that who does not inherit (e.g. the guardian of the
orphans): such a person should speak kindly and say (to those who are
present at the time of distribution), "I can not give it to you (as
the wealth belongs to the orphans)."
Volume 4, Book 51, Number 22:
Narrated 'Aisha:
A man said to the Prophet, "My mother died suddenly, and I think that
if she could speak, she would have given in charity. May I give in
charity on her behalf?" He said, "Yes! Give in charity on her
behalf."
Volume 4, Book 51, Number 23:
Narrated Ibn 'Abbas:
Sad bin Ubada consulted Allah's Apostle saying, "My mother died and
she had an unfulfilled vow." The Prophet said, "Fulfill it on her
behalf."
Volume 4, Book 51, Number 24:
Narrated Ibn 'Abbas:
That the mother of Sad bin Ubada the brother of Bani Saida died in
Sad's absence, so he came to the Prophet saying, "O Allah's Apostle!
My mother died in my absence, will it benefit her if I give in charity
on her behalf?" The Prophet said, "Yes." Sad said, "I take you as my
witness that I give my garden Al-Makhraf in charity on her behalf."
Volume 4, Book 51, Number 25:
Narrated Az-Zuhri:
Urwa bin Az-Zubair said that he asked 'Aisha about the meaning of the
Quranic Verse:--
"And if you fear that you will not deal fairly with the orphan girls
then marry (other) women of your choice." (4.2-3)
Aisha said, "It is about a female orphan under the guardianship of her
guardian who is inclined towards her because of her beauty and wealth,
and likes to marry her with a Mahr less than what is given to women of
her standard. So they (i.e. guardians) were forbidden to marry the
orphans unless they paid them a full appropriate Mahr (otherwise) they
were ordered to marry other women instead of them. Later on the people
asked Allah's Apostle about it. So Allah revealed the following
Verse:--
"They ask your instruction (O Muhammad!) regarding women. Say: Allah
instructs you regarding them..." (4.127)
and in this Verse Allah indicated that if the orphan girl was
beautiful and wealthy, her guardian would have the desire to marry her
without giving her an appropriate Mahr equal to what her peers could
get, but if she was undesirable for lack of beauty or wealth, then he
would not marry her, but seek to marry some other woman instead of
her. So, since he did not marry her when he had no inclination towards
her, he had not the right to marry her when he had an interest in her,
unless he treated her justly by giving her a full Mahr and securing
all her rights.
Volume 4, Book 51, Number 26:
Narrated Ibn 'Umar:
In the lifetime of Allah's Apostle , Umar gave in charity some of his
property, a garden of date-palms called Thamgh. 'Umar said, "O Allah's
Apostle! I have some property which I prize highly and I want to give
it in charity." The Prophet; said, "Give it in charity (i.e. as an
endowment) with its land and trees on the condition that the land and
trees will neither be sold nor given as a present, nor bequeathed, but
the fruits are to be spent in charity." So 'Umar gave it in charity,
and it was for Allah's Cause, the emancipation of slaves, for the
poor, for guests, for travelers, and for kinsmen. The person acting as
its administrator could eat from it reasonably and fairly, and could
let a friend of his eat from it provided he had no intention of
becoming wealthy by its means.
Volume 4, Book 51, Number 27:
Narrated 'Aisha:
The following Verse:--
"If a guardian is well-off, let him claim no remuneration (i.e.
wages), but if he is poor, let him have for himself what is just and
reasonable." (4.6)
was revealed in connection with the guardian of an orphan, and it
means that if he is poor he can have for himself (from the orphan's
wealth) what is just and reasonable according to the orphan's share of
the inheritance.
Volume 4, Book 51, Number 28:
Narrated Abu Huraira:
The Prophet said, "Avoid the seven great destructive sins." The people
enquire, "O Allah's Apostle! What are they? "He said, "To join others
in worship along with Allah, to practice sorcery, to kill the life
which Allah has forbidden except for a just cause, (according to
Islamic law), to eat up Riba (usury), to eat up an orphan's wealth, to
give back to the enemy and fleeing from the battlefield at the time of
fighting, and to accuse, chaste women, who never even think of
anything touching chastity and are good believers.
Volume 4, Book 51, Number 29:
Narrated Anas:
When Allah's Apostle came to Medina; he did not have any servant. Abu
Talha (Anas' step-father) took me to Allah's Apostle and said, "O
Allah's Apostle! Anas is a wise boy, so let him serve you." So, I
served him at home and on journeys. If I did anything, he never asked
me why I did it, and if I refrained from doing anything, he never
asked me why I refrained from doing it.
Volume 4, Book 51, Number 30:
Narrated Anas bin Malik:
Abu Talha had the greatest wealth of date-palms amongst the Ansar in
Medina, and he prized above all his wealth (his garden) Bairuha',
which was situated opposite the Mosque (of the Prophet ). The Prophet
used to enter It and drink from its fresh water. When the following
Divine Verse came:--
"By no means shall you attain piety until you spend of what you love,"
(3.92)
Abu Talha got up saying. "O Allah's Apostle! Allah says, 'You will not
attain piety until you spend of what you love,' and I prize above al I
my wealth, Bairuha' which I want to give in charity for Allah's Sake,
hoping for its reward from Allah. So you can use it as Allah directs
you." On that the Prophet said, "Bravo! It is a profitable (or
perishable) property. (Ibn Maslama is not sure as to which word is
right, i.e. profitable or perishable.) I have heard what you have
said, and I recommend that you distribute this amongst your
relatives." On that Abu Talha said, "O Allah's Apostle! I will do (as
you have suggested)." So, Abu Talha distributed that garden amongst
his relatives and cousins.
Volume 4, Book 51, Number 31:
Narrated Ibn Abbas:
A man said to Allah's Apostle , "My mother died, will it benefit her
if I give in charity on her behalf?" The Prophet replied in the
affirmative. The man said, "I have a garden and I make you a witness
that I give it in charity on her behalf."
Volume 4, Book 51, Number 32:
Narrated Anas:
When the Prophet ordered that the mosque be built, he said, "O Bani
An-Najjar! Suggest to me a price for this garden of yours." They
replied, "By Allah! We will demand its price from none but Allah."
Volume 4, Book 51, Number 33:
Narrated Ibn 'Umar:
When 'Umar got a piece of land in Khaibar, he came to the Prophet
saying, "I have got a piece of land, better than which I have never
got. So what do you advise me regarding it?" The Prophet said, "If you
wish you can keep it as an endowment to be used for charitable
purposes." So, 'Umar gave the land in charity (i.e. as an endowments
on the condition that the land would neither be sold nor given as a
present, nor bequeathed, (and its yield) would be used for the poor,
the kinsmen, the emancipation of slaves, Jihad, and for guests and
travelers; and its administrator could eat in a reasonable just
manner, and he also could feed his friends without intending to be
wealthy by its means."
Volume 4, Book 51, Number 34:
Narrated Ibn 'Umar:
Umar got some property in Khaibar and he came to the Prophet and
informed him about it. The Prophet said to him, "If you wish you can
give it in charity." So 'Umar gave it in charity (i.e. as an
endowment) the yield of which was to be used for the good of the poor,
the needy, the kinsmen and the guests.
Volume 4, Book 51, Number 35:
Narrated Anas bin Malik:
When Allah's Apostle came to Medina, he ordered that a mosque be
built. He said, "O Bani An-Najjar! Suggest me a price for the garden
of yours." They replied, "By Allah, we will not ask its price except
from Allah."
Volume 4, Book 51, Number 36:
Narrated Ibn 'Umar:
Once 'Umar gave a horse in charity to be used in holy fighting. It had
been given to him by Allah's Apostle . 'Umar gave it to another man to
ride. Then 'Umar was informed that the man put the horse for sale, so
he asked Allah's Apostle whether he could buy it. Allah's Apostle
replied, "You should not buy it, for you should not take back what you
have given in charity."
Volume 4, Book 51, Number 37:
Narrated Abu Huraira:
Allah's Apostle said, "My heirs will not inherit a Dinar or a Dirham
(i.e. money), for whatever I leave (excluding the adequate support of
my wives and the wages of my employees) is given in charity."
Volume 4, Book 51, Number 38:
Narrated Ibn 'Umar:
When 'Umar founded an endowment he stipulated that its administrator
could eat from it and also feed his friend on the condition that he
would not store anything for himself from it.
Volume 4, Book 51, Number 39:
Narrated Anas:
The Prophet said (at the time of building the Mosque), "O Ban,
An-Najjar! Suggest to me a price for your garden." They replied, "We
do not ask its price except from Allah."
Volume 4, Book 51, Number 40:
Narrated Jabir bin 'Abdullah Al-Ansari:
My father was martyred on the day (of the Ghazwa) of Uhud and left six
daughters and some debts to be paid. When the time of plucking the
date-fruits came, I went to Allah's Apostle and said, "O Allah's
Apostle! you know that my father was martyred on Uhud's day and owed
much debt, and I wish that the creditors would see you." The Prophet
said, "Go and collect the various kinds of dates and place them
separately in heaps"' I did accordingly and called him. On seeing him,
the creditors started claiming their rights pressingly at that time.
When the Prophet saw how they behaved, he went round the biggest heap
for three times and sat over it and said, "Call your companions (i.e.
the creditors)." Then he kept on measuring and giving them, till Allah
cleared all my father's debts. By Allah, it would have pleased me that
Allah would clear the debts of my father even though I had not taken a
single date to my sisters. But by Allah, all the heaps were complete,
(as they were) and I looked at the heap where Allah's Apostle was
sitting and noticed as if not a single date had been taken thereof.
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