Is it better for one facing death who possesses wealth to leave it to his family (even with the intention of charity) or to bequeath it as alms to the poor and needy?
The best course for a Muslim is to follow Allah's law regarding his wealth, by leaving it to his heirs and making a will for no more than one-third of it. This is based on the Prophet's (peace be upon him) statement to Sa'd ibn Abi Waqqas: "One-third, and one-third is much. Indeed, that you leave your heirs wealthy is better than that you leave them dependent, begging from people." It is not permissible to make a will for all of one's wealth or for more than one-third of it. If one does so, any amount exceeding one-third is contingent upon the heirs' approval. As for what was narrated by Juwayriyah (may Allah be pleased with her) that the Prophet (peace be upon him) did not leave a dinar or a dirham, this is specific to him, because the wealth of prophets is not inherited, as he (peace be upon him) said: "We are not inherited; what we leave is charity."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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