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 Volume Four-Book Fifty One – The Book on Wills and Testaments

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As Salamu Alaikum

Bismillah

Volume Four

Book Fifty One – The Book on Wills and Testaments (Wasaayaa)




Hadith Number 001.

Narrated by Abdullah bin Umar (Radhi Allahu Anhuma): Allah's Messenger (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 002.

Narrated by Amr bin Al-Harith: (The brother of the wife of Allah's Messenger (Sallallahu Alayhi wa Sallam). Juwaira bint Al-Harith (Radhi Allahu Anha)) When Allah's Messenger (Sallallahu Alayhi wa Sallam) 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.


Hadith Number 003.

Narrated by Talha bin Musarrif: I asked 'Abdullah bin Abu Aufa "Did the Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) bequeathed Allah's Book (i.e. Qur'an)."


Hadith Number 004.

Narrated by Al-Aswad: In the presence of 'Aishah (Radhi Allahu Anha) some people mentioned that the Prophet (Sallallahu Alayhi wa Sallam) had appointed 'Ali by will as his successor. 'Aishah (Radhi Allahu Anha) 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?"


Hadith Number 005.

Narrated by Sad bin Abu Waqqas (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) came visiting me while I was (sick) in Makkah, ('Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet (Sallallahu Alayhi wa Sallam)) said, "May Allah bestow His Mercy on Ibn Afra (Sad bin Khaula)." I said, "O Allah's Messenger! 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.



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As Salamu Alaikum



Hadith Number 006.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): I recommend that people reduce the proportion of what they bequeath by will to the fourth (of the whole legacy), for Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "One-third, yet even one third is too much."


Hadith Number 007.

Narrated by Sad (Radhi Allahu Anhu): I fell sick and the Prophet (Sallallahu Alayhi wa Sallam) paid me a visit. I said to him, "O Allah's Messenger! I invoke Allah that He may not let me expire in the land whence I migrated (i.e. Makkah)." 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.")


Hadith Number 008.

Narrated by 'Aishah (Radhi Allahu Anha): (The wife of the Prophet (Sallallahu Alayhi wa Sallam)) Utba bin Abi Waqqas entrusted (his son) to his brother Sad bin Abi Waqqas (Radhi Allahu Anhu) 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 Makkah) 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 Messenger (Sallallahu Alayhi wa Sallam) and Sad said, "O Allah's Messenger! 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 Messenger (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) 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.


Hadith Number 009.

Narrated by Anas (Radhi Allahu Anhu): 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 (Sallallahu Alayhi wa Sallam) then ordered that his head be crushed with stones.


Hadith Number 010.

Narrated by Ibn 'Abbas (Radhi Allahu Anhu): 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 (1) or a fourth (2) and for the husband a half (3) or a fourth. (4)

1 and 4 - When the deceased left children.
2 and 3 - When the deceased is childless.



Hadith Number 011.

Narrated by Abu Hurairah (Radhi Allahu Anhu): A man asked the Prophet (Sallallahu Alayhi wa Sallam), "O Allah's Messenger! 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)."




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As Salamu Alaikum


Hadith Number 012.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 013.

Narrated by 'Urwa bin Az-Zubair : Hakim bin Hizam (Radhi Allahu Anhu) said, "I asked Allah's Messenger (Sallallahu Alayhi wa Sallam) 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 Messenger! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die." Afterwards Abu Bakr (Radhi Allahu Anhu) used to call Hakim to give him something but he refused to accept anything from him. Then 'Umar (Radhi Allahu Anhu) 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 (Sallallahu Alayhi wa Sallam), till he died... may Allah bestow His mercy upon him.


Hadith Number 014.

Narrated by Ibn Umar (Radhi Allahu Anhuma): I heard Allah's Messenger (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 015.

Narrated by Anas (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said to Abu Talha (Radhi Allahu Anhu), "I recommend that you divide (this garden) amongst your relatives." Abu Talha (Radhi Allahu Anhu) said, "O Allah's Messenger! I will do the same." So Abu Talha divided it among his relatives and cousins. Ibn 'Abbas (Radhi Allahu Anha) said, "When the Qur'anic Verse: "Warn your nearest kinsmen." (Surah Ash-Shu’ara’ 26: 214) was revealed, the Prophet (Sallallahu Alayhi wa Sallam) started calling the various big families of Quraish, "O Bani Fihr! O Bani Adi!". Abu Hurairah (Radhi Allahu Anhu) said, "When the Verse: "Warn your nearest kinsmen" was revealed, the Prophet (Sallallahu Alayhi wa Sallam) said (in a loud voice), "O people of Quraish!"


Hadith Number 016.

Narrated by Abu Hurairah (Radhi Allahu Anhu): When Allah revealed the Verse: "Warn your nearest kinsmen," Allah's Messenger (Sallallahu Alayhi wa Sallam) 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 Messenger! 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." (*)


* Every person should try to protect himself from Allah’s punishment by good deeds and obedience to Allah’s and His Messenger’s (Sallallahu Alayhi wa Sallam) orders. Nobody else, even a prophet, can do him any good in this respect no matter how close a relative he may be.


Hadith Number 017.

Narrated by Anas (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) saw a man driving a Badana (i.e. camel for sacrifice) and said to him, "Ride on it." The man said, "O Allah's Messenger! It is a Bandana." (The Prophet (Sallallahu Alayhi wa Sallam) 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)."


Hadith Number 018.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 019.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The mother of Sad bin 'Ubada died in his absence. He said, "O Allah's Messenger! My mother died in my absence; will it be of any benefit for her if I give Sadaqah on her behalf?" The Prophet (Sallallahu Alayhi wa Sallam) said, "Yes," Sad said, "I make you a witness that I gave my garden called Al-Makhraf in charity on her behalf."



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As Salamu Alaikum


Hadith Number 020.

Narrated by Kab bin Malik (Radhi Allahu Anhu): I said, "O Allah's Messenger! For the acceptance of my repentance I wish to give all my property in charity for Allah's sake through His Messenger (Sallallahu Alayhi wa Sallam)." 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."


Hadith Number 021.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): Some people claim that the order in the 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)."

* And when the relatives and the orphans and the Al-Masakin (the poor) are present at the time of division, give them out of the property and speak to them workds of kindness and justice. (Surah An-Nisa’ 4: 8)


Hadith Number 022.

Narrated by 'Aishah (Radhi Allahu Anha): A man said to the Prophet (Sallallahu Alayhi wa Sallam), "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."


Hadith Number 023.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): Sad bin Ubada consulted Allah's Messenger (Sallallahu Alayhi wa Sallam) saying, "My mother died and she had an unfulfilled vow." The Prophet (Sallallahu Alayhi wa Sallam) said, "Fulfill it on her behalf."


Hadith Number 024.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): That the mother of Sad bin Ubada the brother of Bani Saida died in Sad's absence, so he came to the Prophet (Sallallahu Alayhi wa Sallam) saying, "O Allah's Messenger! My mother died in my absence, will it benefit her if I give in charity on her behalf?" The Prophet (Sallallahu Alayhi wa Sallam) said, "Yes." Sad said, "I take you as my witness that I give my garden Al-Makhraf in charity on her behalf."


Hadith Number 025.

Narrated by Az-Zuhri: Urwa bin Az-Zubair said that he asked 'Aishah (Radhi Allahu Anha) about the meaning of the Qur'anic Verse:

"And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice." (Surah An-Nisa’ 4: 2-3)

'Aishah (Radhi Allahu Anha) 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 Messenger (Sallallahu Alayhi wa Sallam) about it. So Allah revealed the following Verse:

"They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them..." (Surah An-Nisa’ 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.


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As Salamu Alaikum


Hadith Number 026.

Narrated by Ibn 'Umar (Radhi Allahu Anhuma): In the lifetime of Allah's Messenger (Sallallahu Alayhi wa Sallam), Umar (Radhi Allahu Anhu) gave in charity some of his property, a garden of date-palms called Thamgh. 'Umar (Radhi Allahu Anhu) said, "O Allah's Messenger! I have some property which I prize highly and I want to give it in charity." The Prophet (Sallallahu Alayhi wa Sallam); 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 travellers, 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.


Hadith Number 027.

Narrated by 'Aishah (Radhi Allahu Anha): 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." (Surah An-Nisa’ 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.


Hadith Number 028.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "Avoid the seven great destructive sins." The people enquire, "O Allah's Messenger! 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.


Hadith Number 029.

Narrated by Anas (Radhi Allahu Anhu): When Allah's Messenger (Sallallahu Alayhi wa Sallam) came to Al-Madinah; he did not have any servant. Abu Talha (Anas' step-father) took me to Allah's Messenger (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger (Sallallahu Alayhi wa Sallam)! 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.


Hadith Number 030.

Narrated by Anas bin Malik (Radhi Allahu Anhu): Abu Talha (Radhi Allahu Anhu) had the greatest wealth of date-palms amongst the Ansar in Al-Madinah, and he prized above all his wealth (his garden) Bairuha', which was situated opposite the Masjid (of the Prophet (Sallallahu Alayhi wa Sallam)). The Prophet (Sallallahu Alayhi wa Sallam) 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," (Surah Aal-‘Imran 3: 92)

Abu Talha got up saying. "O Allah's Messenger! Allah says, 'You will not attain piety until you spend of what you love,' and I prize above all 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 (Sallallahu Alayhi wa Sallam) 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 Messenger! I will do (as you have suggested)." So, Abu Talha (Radhi Allahu Anhu) distributed that garden amongst his relatives and cousins.


Hadith Number 031.

Narrated by Ibn Abbas (Radhi Allahu Anhuma): A man said to Allah's Messenger (Sallallahu Alayhi wa Sallam), "My mother died, will it benefit her if I give in charity on her behalf?" The Prophet (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 032.

Narrated by Anas (Radhi Allahu Anhu): When the Prophet (Sallallahu Alayhi wa Sallam) ordered that the Masjid 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."



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As Salamu Alaikum


Hadith Number 033.

Narrated by Ibn 'Umar (Radhi Allahu Anhuma): When 'Umar (Radhi Allahu Anhu) got a piece of land in Khaibar, he came to the Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) said, "If you wish you can keep it as an endowment to be used for charitable purposes." So, 'Umar (Radhi Allahu Anhu) 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 travellers; 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."


Hadith Number 034.

Narrated by Ibn 'Umar (Radhi Allahu Anhuma): Umar (Radhi Allahu Anhu) got some property in Khaibar and he came to the Prophet (Sallallahu Alayhi wa Sallam) and informed him about it. The Prophet (Sallallahu Alayhi wa Sallam) said to him, "If you wish you can give it in charity." So 'Umar (Radhi Allahu Anhu) 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.


Hadith Number 035.

Narrated by Anas bin Malik (Radhi Allahu Anhu): When Allah's Messenger (Sallallahu Alayhi wa Sallam) came to Al-Madinah, he ordered that a Masjid 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."


Hadith Number 036.

Narrated by Ibn 'Umar (Radhi Allahu Anhuma): Once 'Umar (Radhi Allahu Anhu) gave a horse in charity to be used in holy fighting. It had been given to him by Allah's Messenger (Sallallahu Alayhi wa Sallam). '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 Messenger (Sallallahu Alayhi wa Sallam) whether he could buy it. Allah's Messenger (Sallallahu Alayhi wa Sallam) replied, "You should not buy it, for you should not take back what you have given in charity."


Hadith Number 037.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 038.

Narrated by Ibn 'Umar (Radhi Allahu Anhu): When 'Umar (Radhi Allahu Anhu) 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.


Hadith Number 039.

Narrated by Anas (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said (at the time of building the Masjid), "O Bani, An-Najjar! Suggest to me a price for your garden." They replied, "We do not ask its price except from Allah."


Hadith Number 040.

Narrated by Jabir bin 'Abdullah Al-Ansari (Radhi Allahu Anhu): 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 Messenger (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! 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 (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) 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 Messenger (Sallallahu Alayhi wa Sallam) was sitting and noticed as if not a single date had been taken thereof.


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