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Observing Fairness in the Will Print E-mail

Allah said,

﴿وَلْيَخْشَ الَّذِينَ لَوْ تَرَكُواْ مِنْ خَلْفِهِمْ﴾

(And let those have the same fear in their minds as they would have for their own, if they had left behind...) `Ali bin Abi Talhah reported that Ibn `Abbas said that this part of the Ayah, "Refers to a man who is near death and he dictates a will and testament that harms some of the rightful inheritors. Allah commands whoever hears such will to fear Allah, and direct the dying man to do what is right and to be fair, being as eager to protect the inheritors of the dying man as he would be with his own.'' Similar was reported from Mujahid and several others. The Two Sahihs record that when the Messenger of Allah visited Sa`d bin Abi Waqqas during an illness he suffered from, Sa`d said to the Messenger, "O Messenger of Allah! I am wealthy and have no inheritors except a daughter. Should I give two-thirds of my property in charity'' He said, "No.'' Sa`d asked, "Half'' He said, "No.'' Sa`d said, "One-third'' The Prophet said;

«الثُّلُثُ، وَالثُّلُثُ كَثِير»

(One-third, and even one-third is too much.) The Messenger of Allah then said,

«إِنَّكَ أَنْ تَذَرَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَذَرَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاس»

(You'd better leave your inheritors wealthy rather than leaving them poor, begging from others.)


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