“And know that whatever you take as spoils of war, one-fifth belongs to Allah.” [al-Anfāl: 41]
Ibrāhīm al-Nakha‘ī said: “They preferred a fifth to a quarter, and a quarter to a third.” A number of scholars, however, have recommended bequeathing one-third, because the Messenger of Allah, peace be upon him, said: “Allah has granted you a third of your wealth at your death to increase your good deeds.”
This should be a matter of judgment, taking into account whether one’s wealth is little or much. If it is little, leaving it to the heirs is better, and Allah knows best. Allah Most High has granted a person a third of his wealth at his death to devote to whatever charitable purposes he sees fit. If he leaves it to his heir out of consideration for him, following the words of the Messenger of Allah, peace be upon him, “It is better for you to leave your heirs well provided for than to leave them destitute, begging from people,” that is better for him than giving it in charity to unrelated people. And Allah knows best.
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Those who regard making a bequest as obligatory base this on the words of Allah Almighty:
“It is prescribed for you, when death approaches any of you, if he leaves wealth, to make a bequest for parents and close relatives.” [al-Baqarah: 180], to the end of the verse (21).
Scholars have differed greatly over its interpretation. The well-known view is that it has been abrogated, but those who hold this view disagree over what abrogated it. Mālik, may Allah have mercy on him, said in his Muwatta’: “It was abrogated by the revelation specifying the prescribed shares of inheritance.” This is the position of those who do not consider that the Quran can be abrogated by the Sunnah, and it is the soundest interpretation offered, since there is no disagreement that the verse on inheritance was revealed after the verse on bequests.
It is related that in the early days of Islam people used to inherit from one another. When Allah Most High mentioned the parents’ prescribed shares, He said:
“After any bequest he makes or debt.” [al-Nisā’: 11]
This left open the possibility that the bequest might be for the two parents. The matter could only be determined through an explicit pronouncement from the Prophet, peace be upon him, or evidence from his words. His words, “Allah has prescribed for everyone entitled to a share their due in the verse on inheritance,” provide such evidence, making clear that it abrogates the verse on bequests. As for its abrogation by the words of the Messenger of Allah, peace be upon him, “There is no bequest