Chapter on Bequests
Introduction
The word awṣiyāʾ (bequests) is the plural of waṣiyyah, just as hadāyā is the plural of hadiyyah. Al-Azharī explains that it comes from the verb waṣaytu, meaning “to link one thing to another,” for the testator links what he owns during life to what will be carried out after his death.
It may be expressed as waṣṣā (with the intensified consonant) or awṣā yuṣī; in everyday Arabic both signify “to command” or “to enjoin.” The Almighty says, “And Abraham enjoined it upon his sons, and so did Jacob” (Q 2:132).
In legal usage, a waṣiyyah is a specific directive concerning the disposal of wealth, or a gift, that is to take effect after the testator’s death.
Bequests are sanctioned in the Qur’an, for He, exalted is He, says, “It is prescribed for you, when death approaches one of you, if he leaves some wealth, that he make a bequest” (Q 2:180).
They are likewise affirmed by the Sunnah through the ḥadiths that will follow, and there is unanimous agreement of the Muslims in every age and land on their legitimacy.
A bequest is one of Islam’s fine qualities: it allows the owner of wealth to set aside a portion whose reward will continue to reach him after he has passed away.
It is also an instance of Allah’s gentleness and mercy toward His servants, for He permitted them, as they depart this world, to provision themselves for the Hereafter with part of their wealth.
Accordingly, a sacred ḥadith relates that Allah the Exalted says, “O child of Adam, I have allotted you a share of your wealth when I took hold of your throat, so that I might purify you through it and elevate you.”
All five legal rulings apply to bequests:
- A bequest is obligatory for anyone who owes a right to another person that is unsupported by written proof.