What is the amount of wealth a Muslim is permitted to bequeath after death, and is it permissible for him to dispose of more than half while he is alive?
The legally permissible amount for a will (wasiyah) does not exceed one-third, based on the : "Indeed, Allah has bestowed upon you, at the time of your death, one-third of your wealth as an increase for you in your deeds," and the hadith of Sa'd ibn Abi Waqqas.
As for the disposition of a person suffering from a life-threatening illness, their charitable donations (tabarru'at) fall under the ruling of a will. It is not permissible for them to donate or gift more than one-third.
If a person is not suffering from a life-threatening illness, they are permitted to donate or gift any amount from their wealth, provided that they do not neglect a necessary expenditure, such as the maintenance of their wife and children, based on the hadith: "It is sufficient sin for a person to neglect those whom he is obliged to support."
It is not permissible to prefer one child over others in a gift, based on the hadith: "Fear Allah and be just among your children."
It is not permissible to make a bequest (wasiyah) to an heir, based on the hadith: "Indeed, Allah has given every rightful person their right, so there is no bequest for an heir."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 170997
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy