Enduring Charity

From the wisdom of giving end-of-life instruction is that it affords the deceased the opportunity of an enduring righteous action. If a testator instructs that that certain beneficial action be carried out from his wealth upon his death, if the instruction is implemented, the reward is added to his record of deeds. The Prophet (salallahu alayhi wa sallam) said, “When a man dies, his acts come to an end, but three, recurring charity, or knowledge (by which people) benefit, or a pious son, who prays for him (for the deceased).” (Muslim)

People Benefitting from a Bequeathal

An end-of-life instruction should contain Islamic instructions and admonition to heirs and other family members on their religious commitment and the standard behaviour the testator expects them to adhere to. As for monetary distributions and assignments of rights, the standard legal heirs may not receive any additional allocation through bequeathal, but others may. In fact, it is recommended to bequeath to the needy relatives, especially if one is leaving a large wealth.

Instructions to Standard Heirs

It is prohibited to bequeath anything to the Islamic legal heirs, because Allah has already appointed to them their rightful shares of the inheritance. However, one may include special clauses in his will to assure that they receive their correct legal shares according to Islam. This is especially important in countries where the Islamic law of inheritance is not applicable. Abu Umamah al-Bahili (RA) and others reported that the Messenger (salallahu alayhi wa sallam) said in a khutbah in his Farewell Pilgrimage:
“Allah has appointed for everyone his due right; thus no bequest may be made to a (standard) heir.” (Bukhari)

The Relatives

It is recommended to bequeath to non-heir relatives – according to their closeness. The bequests are taken out of the inheritance before dividing the rest among the legal heirs. Allah says:
“It is ordained for you, when death approaches any of you and he is leaving wealth, that he makes fair bequests in favor of the parents and near relatives – a duty upon those who have taqwaa.” (Q2[Baqarah]:180)
According to Ibn ‘Abbas (RA) and many others among the sahabah and tabiun, the part of this ayah pertaining to the parents has been abrogated by the verse of inheritance. But the part pertaining to the non-inheriting relatives continues to hold. (Tafsir Ibn Kathir)

Non-Muslims

A disbeliever cannot be an heir for a Muslim. What if a Muslim has a non-Muslim wife or mother? In this case, the testator makes end-of-life instruction advising that such a person be given a part of his estate either all or a part of one-third which is the maximum portion non-legal heir can get.

Other Beneficiaries

One may also direct a part of his estate to other unrelated individuals or institutions as he sees fit and pleasing to Allah – not intending thereby to inflict harm on the legal heirs.

Maximum Bequeathal

Sa’d Bin AbI Waqqas (RA) narrated that he was with Allah’s Messenger (salallahu alayhi wa sallam) in the Farewell Pilgrimage. He was struck by a severe illness in Makkah, and felt that he was close to death. The Messenger (salallahu alayhi wa sallam) visited him, and he said to him, “O Messenger of Allah, I am reduced to this state because of illness. I have a vast wealth, and no heirs except a daughter. Should I bequeath two thirds of my estate?” He (salallahu alayhi wa sallam) replied, “No!” He said, “One half of my wealth then?” He replied, “No!” He said, “One third of my wealth then?” He said: “Yes, one third; and even one third is too much. Indeed, O Sa’d, you’d better leave your inheritors rich after you than leave them as a burden, begging people (and he (the Prophet) expressed this with a motion of his hand).” To this, Ibn ‘Abbas (RA) said: “I wish that people would reduce their bequests from one-third to one-fourth, because the Prophet (salallahu alayhi wa sallam) said that even one-third is too much.” (Bukhari)

Some of the benefits from the above hadith include the following:
1.
The most that one may bequeath in his end-of-life instruction is one-third of the entire estate, but it is better not to exceed one-fourth.
2.
If one maintains a sincere intention of pleasing Allah through helping the individual to whom he bequeaths, his bequeathal will count as a sadaqah that will benefit him after death.
3.
The inheritance is a means that Allah made for supporting one’s nearest kin. One should not rob them of this right or cause them to fall into poverty after him.
4.
The amounts and shares of the estate that go to the children, spouses, parents, siblings, or further relatives have been ordained by Allah the Most Wise. One may not challenge that by proposing alternative shares that seem more reasonable to him – thereby imposing his limited knowledge and experience over the unbounded knowledge and wisdom of Allah.