Book of Bequests

The word waṣāyā is the plural of waṣiyyah, just as hadāyā is the plural of hadiyyah. Al-Azhari said that it comes from the verb “waṣaytu al-shay’a aṣīhi,” meaning “I joined one thing to another.” It is called a waṣiyyah because the testator links what he owns during his life with what will happen to it after his death. The verb may be voiced as waṣṣā (with a doubled consonant) or as awṣā.

Linguistically it signifies an instruction or command. Allah says, “And Abraham enjoined it upon his sons, and so did Jacob …” (2:132).

In Islamic law it is a specific directive concerning the disposition of property—or a voluntary gift thereof—to take effect after death.

Bequests are established by the Qur’an, for Allah says, “It is prescribed for you, when death approaches any of you, that if he leaves some wealth he should make a bequest …” (2:180). They are likewise confirmed by the Sunnah—as will appear in the following ḥadiths—and by the unanimous agreement of Muslims in every era and region.

Bequests are among the beauties of Islam. They allow the owner of wealth to set aside a portion whose reward will reach him after his death. This stems from Allah’s kindness and mercy toward His servants, for He permits them, as they leave this world, to provision themselves for the Hereafter with part of their wealth.

Thus, in a sacred ḥadith Allah Most High says, “O son of Adam, I have allotted you a share of your property when I seize your soul (1) so that I may purify you thereby and increase your reward.”

Hadith 1

ʿAbdullāh ibn ʿUmar reported that the Messenger of Allah said, “It is not proper for a Muslim who has something to bequeath to spend even one night—or at most two—without his bequest written and kept with him.” Muslim adds: Ibn ʿUmar said, “By Allah, not a single night has passed since I heard the Messenger of Allah say that except that my own bequest has been with me.”

Overall meaning

The Prophet, peace and blessings be upon him, urges his community to hurry to good deeds and seize opportunities before they slip away. He teaches that it is neither right nor prudent for anyone who has something he wishes to bequeath and clarify to neglect it until a long time passes. Rather, he must hasten to put it in writing and state it clearly; the most that may be overlooked is a night or two. Promptness in this matter is a form of racing toward virtue and taking sound precautions.