The Will — Obligatory and Recommended
fiqh
Level: intermediate
muamalat
fqh-018
كُتِبَ عَلَيۡكُمۡ إِذَا حَضَرَ أَحَدَكُمُ ٱلۡمَوۡتُ إِن تَرَكَ خَيۡرًا ٱلۡوَصِيَّةُ
— البقرة 180
Verse: "Prescribed for you, when death approaches any of you and he leaves good — is a bequest for parents and relatives in kindness." (2:180)
Ruling: Scholars say recommended or obligatory for those with debts or trusts. Hadith: "It is not right for a Muslim man who has something to bequeath to sleep two nights without his written will." (Bukhari & Muslim)
Restrictions: No bequest to an heir; maximum one-third unless heirs consent; must not harm heirs.
Source: Al-Qurtubi (2/257); Sahih Al-Bukhari (2738); Ibn Qudama (6/430)
Question: What is the maximum limit for bequest to a non-heir?
Answer: One-third — "one-third, and one-third is much" as in the hadith — unless heirs consent to more.