The Book of Bequests

It is recommended for one who leaves behind abundant wealth to bequeath one-fifth of it, …

A bequest is either a voluntary transfer of property to take effect after death, or an instruction authorizing disposal after one’s death.

A voluntary transfer of property after death is for one to say, “When I die, give so-and-so one thousand riyals.”

An instruction authorizing disposal after death is, for example, for one to say, “When I die, so-and-so is the executor for my minor children.” The first type concerns property, and the second concerns rights.

Among bequests involving authorization to act is what the Commander of the Believers, Umar ibn al-Khattab, may Allah be pleased with him, did when he made the matter of the caliphate a consultation among six of the Companions of the Messenger of Allah, peace and blessings be upon him. (1)

A bequest may fall under each of the five legal rulings, as will be explained, if Allah Most High wills.

His statement, “It is recommended for one who leaves behind abundant wealth”: the author said, “one who leaves behind abundant wealth,” in conformity with the verse:

“It is prescribed for you, when death approaches any of you and he leaves wealth behind, that he make a bequest for parents and close relatives.” [al-Baqarah 2:180]

A bequest may be made for relatives who are not heirs. The evidence for this is the saying of Allah Most High:

“It is prescribed for you, when death approaches any of you and he leaves wealth behind, that he make a bequest