What is Wasiyyah?

Wasiyyah (a bequest) refers to an instruction that is to be carried out after a person’s death. In other words, it is not implemented during one’s lifetime but after death. For example, if a person says at the time of death that after his passing a certain amount of money or a piece of land from his property should be given to a particular person, religious institution, guest house, or orphanage, this is called Wasiyyah.

It is recommended that a will be written in the presence of two witnesses so that no dispute arises later. Islamic law has established the system of Wasiyyah to help those relatives who do not receive a fixed share in inheritance but are deserving of support—such as an orphaned grandson or granddaughter, a widowed daughter-in-law, a needy brother or sister, or any other dependent relative.

Obligation and Limits of Executing a Will (Wasiyyah)

Although making a will is permissible whether one does it or not, in some situations it is preferable. It is obligatory upon the heirs to fulfill a will up to one-third of the remaining estate. For example, if after funeral expenses, debts, and other necessary payments, 900,000 rupees remain, then up to 300,000 rupees (one-third) must be executed according to the will. For anything beyond one-third, the heirs have the choice to approve or reject it.

If someone makes a will to deprive an heir of their rightful inheritance, it is a major sin. The Prophet ﷺ said that whoever deprives an heir of inheritance, Allah will deprive him of Paradise on the Day of Judgment (for some time) (reported by Sunan Ibn Majah and Sunan al-Bayhaqi).

After death, the estate must be distributed strictly according to the Islamic law of inheritance. In the early days of Islam, before inheritance shares were revealed, it was obligatory to assign shares through a will to prevent disputes. Later, Allah established fixed shares in Surah An-Nisa, and the obligation of making a will for heirs was abrogated. However, its recommendation remains under two conditions:

Conditions of Wasiyyah

Role no1.A will cannot be made in favor of someone who already has a fixed share in inheritance (such as parents, spouse, or children). The Prophet ﷺ announced during the Farewell Pilgrimage that Allah has given each heir their due share; therefore, no will is allowed for an heir (reported in Jami` at-Tirmidhi).

Role no2.A will can only apply up to one-third of the estate unless all heirs agree to more.

There is consensus among Muslim scholars that making a will for relatives who do not have a fixed share is not obligatory but recommended if needed (as mentioned in classical exegeses like Tafsir al-Jassas and Tafsir al-Qurtubi).

Role no3. 

The Prophet ﷺ advised Sa'd ibn Abi Waqqas when he wanted to give away all his wealth in charity. The Prophet ﷺ said: “No.” He asked about half; again, “No.” When he asked about one-third, the Prophet ﷺ replied: “One-third, and one-third is much. It is better to leave your heirs wealthy than to leave them poor and asking others.” (Reported in Sahih al-Bukhari and Jami` at-Tirmidhi).

Sa'd ibn Abi Waqqas later lived nearly fifty more years and accomplished great achievements, including founding the city of Kufa and leading the conquest of Persia.

Invalid Wasiyyah

1.Making a will for more than one-third of the estate (without heirs’ consent).

2.Making a will in favor of an heir (without heirs’ consent).

3.Making a will to deprive rightful heirs by transferring wealth to others.

The Prophet ﷺ warned that some people worship Allah for sixty years but at death harm their heirs through unjust wills and thus earn Hellfire (reported in Jami` at-Tirmidhi).

Important Rulings

A.During one’s lifetime, a healthy person may spend unequal amounts on children’s education or housing. Such transfers are considered gifts (hibah), not inheritance. However, fairness among children is encouraged.

B.The Prophet ﷺ did not leave behind wealth at his death except his mule, weapons, and land given in charity (reported in Sahih al-Bukhari). Therefore, there was no inheritance to distribute.

C.Debts must be paid before executing the will. Although the Qur’an mentions will before debt, the Prophet ﷺ instructed that debts take priority (reported in Jami` at-Tirmidhi). The Muslim community unanimously agrees on this order.

D.If a will was made for an heir or for more than one-third, and after death all heirs agree to it, then it becomes valid.

E.A written will can be changed during one’s lifetime.

A Spiritual Reminder

Just as we want our wealth to be distributed properly after our death, we should also ensure that our children live according to Allah’s commands and the teachings of the Prophet ﷺ. Allah mentions the advice of Ibrahim and Ya'qub to their children in Surah Al-Baqarah (132–133), urging them to remain steadfast in faith.

The final advice of the Prophet ﷺ, as reported by Ali ibn Abi Talib and Umm Salama, was: “Prayer, prayer! And fear Allah regarding those under your authority.” (reported in Sunan Abi Dawud and Musnad Ahmad).

This shows the immense importance of Salah (prayer). Therefore, throughout our lives, we must give priority to prayer and fulfilling the rights of others.