Accordingly, one quarter is preferable to one third, and one fifth is better still.
If, however, the heirs are in need, then omitting the bequest is preferable, for they have a stronger claim than others. The Prophet ﷺ said, “To leave your heirs wealthy is better than to leave them destitute, begging from people.” Thus, when you know that your heirs live on modest means, that the estate is small, and that poverty is nearer to them, the best course is not to make a bequest.
This ḥadith shows that a person should draw up a will, yet—as we have already noted—wills fall into three categories: obligatory, forbidden, and permissible.
-
Obligatory:
a. A person must bequeath any obligatory rights he owes, lest the heirs deny them and thereby forfeit the right of the one to whom it is due, especially when there is no independent proof.
b. It is also obligatory for someone who leaves considerable wealth to make a bequest in favor of relatives who do not inherit by fixed share, without specifying an exact amount, provided it does not exceed one third of the estate. -
Forbidden: this, too, is of two kinds—making a bequest to an heir, and making a bequest that exceeds one third.
-
Permissible: everything else. Yet the optimal permissible bequest is one fifth or less; if it reaches a quarter there is no harm, and even up to one third is allowable, but it must never exceed one third.
The ḥadith of Ibn ʿUmar—may Allah be pleased with them both—also proves that written instructions are binding, for the Prophet ﷺ said, “Except….”