Distribution of Wealth in One's Will
Hazrat Sa‘d (ra) fell ill on the occasion of Hajjat-ul-Wida [the farewell pilgrimage]. Mentioning this, Hazrat Sa‘d (ra) relates:
“I fell ill in Mecca and was close to death. The Holy Prophet (sa) came to visit me. I said to him, ‘O Messenger (sa) of Allah! I have a great abundance of wealth and only one daughter as the inheritor. Am I permitted to give two-thirds away as charity? The Holy Prophet (sa) replied in the negative. I asked may I give half as charity? The Holy Prophet (sa) answered in the negative. I asked if I may give one-third as charity? The Holy Prophet (sa) agreed to this, but said that even this was too much. Following this, the Holy Prophet (sa) said, ‘Leaving your offspring in an affluent state is better than leaving them in poverty and for them to have to beg from people. You will be rewarded for whatever you spend, so much so that you will be rewarded even for the morsel of food you give to your wife to eat.’ I said, ‘O Messenger (sa) of Allah! Will I be left behind in my migration?’ The Holy Prophet (sa) said, ‘Even if you are left behind, your status and rank will be elevated by the deeds you will perform to seek the pleasure of Allah. I am certain that you will remain alive after my passing.’ He further said, ‘So much so that some nations will benefit from you and some people will suffer loss.’”
(Sahih al-Bukhari, Kitab-ul-Faraidh, Hadith no. 6733)
In another narration, it is mentioned that after this, the Holy Prophet (sa) prayed in the following words:
“O Allah! Enable my companions to fulfil the purpose of their migration and do not permit them to return unsuccessful.”
(Sahih al-Bukhari, Kitab-ul-Janaiz, Hadith no. 1295)
There is a narration in which Hazrat Sa‘d (ra) relates, “When I fell ill, the Holy Prophet (sa) came to visit me and asked, ‘Have you left a will?’ I replied, ‘Yes’. The Holy Prophet (sa) asked, ‘How much [have you left]?’ I replied, ‘All my wealth has been left in the way of Allah.’ The Holy Prophet (sa) asked, ‘What have you left for your children?’ I replied, ‘They are in a state of affluence.’ The Holy Prophet (sa) said, ‘Then pledge one tenth as your will.’ Hazrat Sa‘d (ra) narrates that he continued saying this and the Holy Prophet (sa) continued replying in the same manner.”
In other words, Hazrat Sa‘d (ra) wished to give a greater amount in charity, while the Holy Prophet (sa) was advising to give less, to the extent that he permitted him to give one-third and even that was a substantial amount.
(Sunan al-Nisai, Kitab-ul-Wasaiyyah, Hadith no. 3661)
In any case, those who have knowledge of this and those in the field of jurisprudence [fiqh] have deduced from this narration that no more than a third of one’s wealth can be given away as part of one’s will.
(Jami‘ al-Tirmidhi, Abwaab-ul-Wasaiyyah, Hadith no. 2116)
Regarding this matter, Hazrat Musleh Maud (ra) states:
“Ahadith also support that after one has taken out their expenses, giving away the remaining wealth in its entirety is not an Islamic injunction. Thus, the Holy Prophet (sa) said:
یَجِیْءُ اَحَدُکُمْ بِمَالِہٖ کُلِّہٖ یَتَصَدَّقُ بِہٖ وَیَجْلِسُ یَتَکَفَّفُ النَّاسَ اِنَّمَا الصَّدَ قَۃُ عَنْ ظَھْرِ غِنًی
“‘Some of you bring all their wealth and donate it for charity [sadaqah], but then go around begging from others. Charity ought to be given on surplus wealth.’
“Similarly, the Holy Prophet (sa) said:
إِنْ تَذَرْ وَرَثَتَکَ أَغْنِیَاءَ خَیْرٌ مِنْ أَنْ تَذَرَہُمْ عَالَۃً یَتَکَفَّفُونَ النَّاسَ
“‘It is better for you to leave your heirs in an affluent state rather than leaving them destitute so they are not left having to seek wealth from others.’
“Similarly, it is narrated in the hadith that Hazrat Sa‘d bin Abi Waqas (ra) sought permission to distribute two-thirds of his wealth but the Holy Prophet (sa) forbade him. He sought to distribute half but the Holy Prophet (sa) stopped him from that as well. Then he sought permission to distribute a third of his wealth upon which the Holy Prophet (sa) granted permission, saying, ‘You can give a third, though even a third is a large amount:
اَلثُّلُثُ وَالثُّلُثُ کَثِیرٌ
“Thus, the notion that Islam commands any wealth which exceeds one’s needs ought to be distributed [as part of their will], is completely against Islam and is contrary to the practice of the Companions (ra). This is because according to the practice, the Companions (ra) there were some who, at the time of their demise, bequeathed a wealth amounting to hundreds of thousands to their heirs as part of their inheritance.”
(Tafsir-e-Kabir, Vol. 2, p. 494)