Bequest

Bequest Completed Form

The word Bequest is a stemmed form of the following words:

Bequest Dictionary Definition

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Bequest References or Citations

In Quran

Quran Surat	Sura and Ayah	Polarity	Sura Classification	Sura Sequence	Related Subjects	Ayah Text	English Translation
Surat AlBaqara Ayah 181	Surat AlBaqara	-0.24		87	Hear guilt, Guilt hear, Bequest hear	فَمَنْ بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ	If anyone changes the bequest after hearing it, the guilt shall be on those who make the change. For Allah hears and knows (All things).
Surat AlMaidah Ayah 106	Surat AlMaidah	-0.2		112	Death approach, Swear worldli, Hide evid, Evid behold, Make bequests, Gain beneficiari, Truth detain, Wit make, Detain prayer, Behold sin, Prayer swear, Relat hide, Beneficiari relat, Befal doubt, Journei earth, Approach wit, Worldli gain, Death befal, Chanc death, Earth chanc, Brotherhood journei, Doubt truth	يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِنْكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنْتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُمْ مُصِيبَةُ الْمَوْتِ تَحْبِسُونَهُمَا مِنْ بَعْدِ الصَّلَاةِ فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ لَا نَشْتَرِي بِهِ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَى وَلَا نَكْتُمُ شَهَادَةَ اللَّهِ إِنَّا إِذًا لَمِنَ الْآثِمِينَ	O ye who believe! When death approaches any of you, (take) witnesses among yourselves when making bequests, - two just men of your own (brotherhood) or others from outside if ye are journeying through the earth, and the chance of death befalls you (thus). If ye doubt (their truth), detain them both after prayer, and let them both swear by Allah: "We wish not in this for any worldly gain, even though the (beneficiary) be our near relation: we shall hide not the evidence before Allah: if we do, then behold! the sin be upon us!"

In Hadith Text Books

Bequest In Sahih AlBukhari

nothing found

In Sahih Muslim

nothing found

In Sunan AlTermithi

nothing found

In Sunan AlNasai

nothing found

In Sunan Abu Dawoud

Hadith Page	Arabic Text	English Translation	Book and Chapter
SunanAbuDawoud-017-001-28956		Narrated Ibn Abbas: The Quranic verse goes: It is prescribed when death approaches any of you ; if he leaves any goods; that he may bequest to parents and next to kin. The bequest was made in this way until the verse of inheritance repealed it.	The Chapter on Life And Death And Dyeing in HodHood Indexing, Chapter on What Has Been Related About Abrogating The Will For The Parents And Near Relatives in Sunan Abu Dawoud

In Muwata Malik

Hadith Page	Arabic Text	English Translation	Book and Chapter
MuwataMalik-017-001-34806		Malik said; The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it. As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara; her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes; and being set free is not confirmed for her. She is in the position of a slave-girl whose master says; If so- and-so remains with me until I die; she is free. i.e. he does not make a definite contract. Malik said; If she fulfils that; that is hers. If he wishes; before that; he can sell her and her child because he has not entered her child into any condition he has made for her. The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir; no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it. Malik said about a man who made all his slaves mudabbar while he was well and they were his only property; If he made some of them mudabbar before the others; one begins with the first until the third of his property is reached. i.e. their value is matched against the third; and those whose value is covered are free. If he makes the mall mudabbar in his illness; and says in one statement; So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness; or he makes them all mudabbar in one statement; they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share. No single one of them is given preference when that all occurs in his illness. Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said; A third of the mudabbar is freed and his property remains in his possession. Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him; A third of him is freed and a third of his kitaba is reduced; and he owes two-thirds. Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him; and he had made another slave of his mudabbar before that. He said; One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed; then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that; whatever is covered by what is left of the third is freed after the first mudabbar is freed.	The Chapter on Selling Of Slaves in HodHood Indexing, The Book of Speech in Muwata Malik
MuwataMalik-017-001-34813		Malik said; The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third; a fourth; a half; or any share after his death; is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master; the master is a testator and the testator only has access to free what he can take from his property; being the third of the property he is allowed to bequeath; and the rest of the slave is not free because the man property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala was confirmed. That is not to be borne by another property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man property because there is no harm in that to the inheritors. Malik said; If a man frees a third of his slave while he is critically ill; he must complete the emancipation so all of him is free from him; if it is within the third of his property that he has access to; because he is not treated in the same way as a man who frees a third of a slave after his death; because had the one who freed a third of his slave after his death lived; he could have cancelled it and the slave being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness; would still have to free all of him if he lived. If he died; the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property.	The Chapter on Slave As A Property in HodHood Indexing, The Book of Speech in Muwata Malik
MuwataMalik-017-001-34845		Yahya related to me from Malik that Ibn Shihab; Sulayman Ibn Yasar; and Rabia Ibn Abi Abdulrahman said; The blood-money of manslaughter is twenty yearlings; twenty two-year-olds; twenty male two-year-olds; twenty four-year-olds; and twenty five-year-olds. Malik said; The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally; each of them pays half the full blood-money. Malik said; A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished; that is permitted to him. If all the property he has is his blood-money; he is permitted to relinquish a third of it and to make that a bequest.	The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik
MuwataMalik-017-001-34885		Malik related to me from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; said; It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it. Malik said; The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest; and it has freeing slaves or things other than that in it; he can alter it in any way he chooses; until he is on his deathbed. If he prefers to abandon a bequest or change it; he can do so unless he has made a slave mudabbar to be freed after his death. If he has made him mudabbar; there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah; may Allah bless him and grant him peace; said; It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it. Malik explained; Had the testator not been able to change his will nor what was mentioned in it about freeing slaves; each testator might withhold making bequests from his property; whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling. i.e. he does not wait till his death bed. Malik summed up; The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar.	The Chapter on Selling Of Slaves in HodHood Indexing, The Book of Hair in Muwata Malik
MuwataMalik-017-001-34887		Malik related to me from Yahya Ibn Said from Abu Bakr Ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar Ibn AlKhattab. It was said to him; So-and-so is dying. Shall he make a bequest? He said; Let him make a bequest. Yahya Ibn Said said that Abu Bakr had said; He was a boy of ten or twelve years. Yahya said; He willed the well of Jusham; and his people sold it for 30;000 dirhams. Yahya said that he heard Malik say; The generally agreed-on way of doing things in our community is that a simpleton; an idiot; or a lunatic who recovers at times; can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills; and is overcome in his intellect; cannot make a bequest.	The Chapter on Worship And Forbidden Acts in HodHood Indexing, The Book of Hair in Muwata Malik
MuwataMalik-017-001-34890		Yahya said that he heard Malik say; This ayat is abrogated. It is the word of Allah; the Blessed; the Exalted; If he leaves goods; the testament is for parents and kinsmen. What came down about the division of the fixed shares of inheritance in the Book of Allah; the Mighty; the Exalted; abrogated it. Yahya said that he heard Malik say; The established sunna with us; in which there is no dispute; is that it is not permitted for a testator to make a bequest in addition to the fixed share in favour of an heir; unless the other heirs permit him. If some of them permit him and others refuse; he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance. Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property; and they gave him permission to leave some of his heirs more than his third. Malik said; They cannot revoke that. Had they been permitted to do so; every heir would have done that; and then; when the testator died; they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property. Malik said; If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission; that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well; he is entitled to all his property and can do what he wishes with it. If he wishes; he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs; when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him; and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying; and the heir agrees and then the dying man does not dispose of it at all; it is returned to the one who gave it unless the deceased said to him; So-and-so - one of his heirs - is weak; and I would like you to give him your inheritance. So he gives it to him. That is permitted when the deceased specified it for him. Malik said; When a man gives the dying man free use of his share of the inheritance; and the dying man distributes some of it and some remains; it is returned to the giver; after the man has died. Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of; so the heirs refused to permit that. Malik said; That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third which the dying man is allowed to bequeath.	The Chapter on Inheritance And Heirs in HodHood Indexing, The Book of Hair in Muwata Malik
MuwataMalik-017-001-34984		Malik said; The best of what I have heard about a mukatab whose master frees him at death; is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba; his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed; his killer would not be in debt for other than his value on the day he killed him. Had he been injured; the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value; only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made. Malik said; The illustration of that is that if the price of the mukatab is one thousand dirhams; and only one hundred dirhams remain of his kitaba; his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free. Malik said that if a man wrote his slave a kitaba at his death; the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property; that was permitted for him. Malik said; The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars; so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people; and there is no surplus in the third after the value of the mukatab; one begins with the mukatab because the kitaba is setting free; and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab; they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs; they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that; because the third commences with the mukatab and because all the bequests which he makes are as one. If the heirs then say; What our fellow bequeathed was more than one third of his property and he has taken what was not his; Malik said; His heirs choose. It is said to them; Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased bequests; then do so. If not; hand over to the people with bequests one third of the total property of the deceased. Malik continued; If the heirs surrender the mukatab to the people with bequests; the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba; they take that in their bequests according to their shares. If the mukatab cannot pay; he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice; and because when he was surrendered to the people with bequests; they were liable. If he died; they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes; his property goes to the people with bequests. If the mukatab pays what he owes; he is free and his wala returns to the paternal relations of the one who wrote the kitaba for him. Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba; and when he died he remitted one thousand dirhams from it. He said; The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba; that portion of the slave price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that; only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba; half the price is taken into account in the third of the property of the deceased. If it is more or less than that; it is according to this reckoning. Malik said; When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams; and he does not stipulate whether it is from the beginning or the end of his kitaba; each instalment is reduced for him by one tenth. Malik said; If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba; and the original basis of the kitaba is three thousand dirhams; the mukatab cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end; and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that; whether it is more or less; then it is according to this reckoning. Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth; and then the man died and the mukatab died and left a lot of property; more than he owed. He said; The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over; and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person. Malik said about a mukatab whose master freed him at death; If the third of the deceased will not cover him; he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash; and the third of the deceased is one thousand dirhams; half of him is freed and half of the kitaba has been reduced for him. Malik said about a man who said in his will; My slave so-and-so is free and write a kitaba for so-and- so; that the setting free had priority over the kitaba.	The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik
MuwataMalik-017-001-35136		Malik said; The inheritance of a husband from a wife when she leaves no children or grandchildren through sons is a half. If she leaves children or grandchildren through sons; male or female; by her present or previous husbands; the husband has a quarter after bequests or debts. The inheritance of a wife from a husband who does not leave children or grandchildren through sons is a quarter. If he leaves children or grandchildren through sons; male or female; the wife has an eighth after bequests and debts. That is because Allah; the Blessed; the Exalted! said in His Book; You have a half of what your wives leave if they have no children. If they have children; you have a fourth of what they leave after bequests and debts. They have a fourth of what you leave if you have no children. If you have children; they have an eighth after bequests or debts. Sura4ayat 11.	The Chapter on Debt And Creditors And Property Inheritance in HodHood Indexing, The Book of Blood Money in Muwata Malik
MuwataMalik-017-001-35524		Yahya related to me from Malik that he had heard that Said Ibn AlMusayab was asked whether a man who had vowed to fast a month could fast voluntarily; and Said said; He should fulfil his vow before he does any voluntary fasting. Malik said; I have heard the same thing from Sulayman Ibn Yasar. Malik said; If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel; and makes a bequest that his vow should be fulfilled from his estate; then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests; except things of a similar nature; because by his vow it has become incumbent on him; and this is not the case with something he donates voluntarily. They vows and voluntary donations are settled from a limited one-third of his estate; and not from the whole of it; since if the dying man were free to dispose of all of his estate; he might delay settling what had become incumbent on him i.e. his vows ; so that when death came and the estate passed into the hands of his heirs; he would have bequeathed such things i.e. his vows that were not claimed by anyone like debts. If that i.e. to dispose freely of his property were allowed him; he would delay these things i.e. his vows until when he was near death; he would designate them and they might take up all of his estate. He must not do that.	The Chapter on Obligations Of Fasting in HodHood Indexing, The Book of Divorce in Muwata Malik
MuwataMalik-017-001-35563		Yahya related to me that Malik said; I consider that if a man dies and he has not paid zakat on his property; then zakat is taken from the third of his property from which he can make bequests ; and the third is not exceeded and the zakat is given priority over bequests. In my opinion it is the same as if he had a debt; which is why I think it should be given priority over bequests. Malik continued; This applies if the deceased has asked for the zakat to be deducted. If the deceased has not asked for it to be deducted but his family do so then that is good; but it is not binding upon them if they do not do it. Malik continued; The sunna which we are all agreed upon is that zakat is not due from someone who inherits a debt i.e. wealth that was owed to the deceased ; or goods; or a house; or a male or female slave; until a year has elapsed over the price realised from whatever he sells i.e. slaves or a house; which are not zakatable or over the wealth he inherits; from the day he sold the things; or took possession of them. Malik said; The sunna with us is that zakat does not have to be paid on wealth that is inherited until a year has elapsed over it.	The Chapter on Inheritance And Charity in HodHood Indexing, The Book of Faraid in Muwata Malik