Sometimes, giving end-of-life instruction may be obligatory, recommended, detested or even prohibited depending on the type, circumstance and content of the instruction. Obligatory Instruction End-of-life instruction is obligatory if one has unrecorded debt and which no one knows except Allah, the creditor and the debtor. Since repaying debt is obligatory, what will be conducive to the repayment, in this case, end-of-life instruction, becomes obligatory.
It is also obligatory to give this instruction regarding relatives who have no legal share in one’s estate but are poor and needy. Allah says,
“It is prescribed for you, when death approaches any of you, if he leaves wealth, that he make a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqun (the pious).” (Q2[Baqarah]:180)
In his commentary on this verse, Shaykh As-Sa’di said, “Allah obligates you O Muslims, when means of death occur to you, such as (terminal) illness, and you have left behind a reasonably large wealth, that you should give instructions regarding parents and relatives with benevolence according to your ability without being excessive or giving preference to distant relative over closer ones, rather, their order should follow their closeness and need. ‘(This is) a duty upon Al-Muttaqun’ indicates that doing this is obligatory because Allah made it a requirement for attaining piety.”
Recommended instruction
This is a situation when a Muslim is wealthy and his legal heirs and relatives are also well-to-do and they have no need for his wealth. In this case, it will be a recommended act for the Muslim to give instruction to give some part of his estate to rich relatives after his death.
Detested instruction
In a situation when the Muslim’s wealth is small and his legal heirs are needy, it is detested for him to instruct that any part of his wealth be given to relatives or other individuals. This is why the Prophet (salallahu alayhi wa sallam) instructed Sa’d bn Abi Waqqas,
“It is better for you to leave your off-spring wealthy than to leave them poor, asking others for help.” (Bukhari)
Prohibited instruction
This is a kind of end-of-life instruction that is forbidden and sinful to give and it is of two types:
1.
If the instruction gives more than one-third of one’s wealth to non-heirs and
2.
If in the instruction, monetary distributions, and assignments of rights is given to legal heirs different from the ordainment of Allah regarding inheritance. Allah ends the instruction on inheritance with the following clause:
“And whosoever disobeys Allah and His Messenger and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment ” (Q4[Nisaa]:14)
It is regarding end-of-life instruction of this nature that the Messenger of Allah (salallahu alayhi wa sallam) said:
“Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.” (Abu Dawud)
Permitted Instruction
This is an instruction other than those mentioned above and example of such is a situation when the Muslim is poor but his legal heirs are wealthy and are in no need of the inheritance or the Muslim leaves large wealth that is sufficient to provide for them; in both cases it is permitted (mubah) to give end-of-life instruction giving some part of the estate to non-heirs.
Executing end-of-life instruction
Executing this instruction is adjudged obligatory in the scale of the shari’ah and any failing on the part of an appointed executor would be sinful. Depending on the content of the instruction, the time for the execution begins from the moment after the deceased breathes his last. Instructions concerning how the deceased want his funeral to be handled must be fulfilled immediately upon his death. However, the remaining part of the instruction may be delayed according to what is most beneficial to the heirs.
Unfair Bequests
Allah has ordained the various individuals’ shares from the inheritance. Their shares increase or decrease based on their relationship to the deceased and other considerations. Allah says:
“For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much – an ordained share (by Allah).” (Q4[Nisaa]:7)
Therefore, it is prohibited to change the ordained shares, or use the will as a means of causing harm or oppression, such as depriving some of the heirs from their rightful share, or favoring some of them over others.
Even if an heir had wronged the testator or appears to be of evil conduct, that is not a justification for denying him his share of the estate.
Non-Islamic countries allow the testator full liberty in dividing his estate. But one may not take that as an excuse to disobey his Lord. He should fear Allah’s punishment and strive to remain within Allah’s ordained limits.
The Bequest should not be used as a tool to oppress
Some people include fictitious bequeathals and debts in order to deprive the heirs of their rightful shares. This constitutes many violations to Islam, including the following:
1.
As we saw above, this would mean opposing Allah’s ordainment.
2.
It violates Allah’s explicit prohibition of causing harm to the heirs. Allah says:
“(The allocations are made) after deducting any bequest that may have been made, or any debt (that may have been incurred), neither of which having been intended to harm (the heirs).” (Q4[Nisaa]:12)
3.
It violates Allah’s Messenger’s (salallahu alayhi wa sallam) general prohibition of inflicting harm in any manner or form. Abu Said al-Khudri (RA) narrated that the Prophet (salallahu alayhi wa sallam) said:
“(One may) neither initiate harm (toward others), nor respond (to their actions) by harming (them). Whoever harms others, Allah will harm him; and whoever troubles others, Allah will trouble him.” (Daraqutni)
4.
It violates Allah’s general command to the believers to be fair, even toward those whom they hate:
“O you who believe, stand out firm for Allah, and be just witnesses. Do not let the enmity and hatred of others prevent you from being just. Be just; that is nearer to piety. And revere Allah; indeed, Allah is well acquainted with what you do.” (Q5[Maidah]:8)
5.
It violates Allah’s Messenger’s prohibition of cheating. Abu Hurayrah (RA) reported that Allah’s Messenger (salallahu alayhi wa sallam) said:
“Whoever cheats is not one of us.” (Muslim) Ibn Mas’ud (RA) reported that Allah’s Messenger (salallahu alayhi wa sallam) said: “Whoever cheats us is not one of us. Chicanery and deception are (punished) in the Fire.” (Tabarani)
Under the Islamic law, any part of a bequeathal that is unjust or wrong is voided and rejected. ‘A’ishah (RA) reported that the Prophet (salallahu alayhi wa sallam) said:
“Anyone who innovates in this matter of ours (Islam) that which is not of it, it is rejected.” (Bukhari)
‘Imran Bin Husayn (RA) narrated that a man freed six slaves, which were all what he possessed, just before he died. His bedouin heirs came to the Prophet (salallahu alayhi wa sallam) complaining about that, upon which he said: “Did he really do that? Had we known, we would not have performed the prayer for him – if Allah willed.” He then divided the six slaves into three pairs, draw lots among them, freed only one pair and gave back the other four to the heirs.'”
Correcting the Injustice
Anyone who is able to stop the injustice must do so. This is specifically required in the case of a will. If the person who made a bequeathal appears to be unfair and sinful in that, those who are present should try to correct that – whether during his life, or by reconciling among the heirs after his death. Allah says:
“If one has reason to fear that the testator has committed an unjust act or a deliberate wrong, and thereupon brings about a settlement among them (the heirs), he will incur no sin by that. Indeed, Allah is Forgiving and Merciful.”