Sahih Muslim (Book 13)
Muslim ibn al-Hajjaj
Islam
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Sahih Muslim (Arabic: صحيح مسلم‎ , Ṣaḥīḥ Muslim; full title: Al-Musnadu Al-Sahihu bi Naklil Adli) is one of the Kutub al-Sittah (six major hadith collections) in Sunni Islam. It is highly acclaimed by Sunni Muslims as well as Zaidi Shia Muslims. It is considered the second most authentic hadith collection after Sahih al-Bukhari. It was collected by Muslim ibn al-Hajjaj, also known as Imam Muslim. Sahih Muslim, together with Sahih al-Bukhari is termed as Sahihayn.

Sahih Muslim

Book 13: Bequests


Chapter 1: One Should Make It a Point to Write the Will

Ibn Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: It is the duty of a Muslim who has something which is to be given as a bequest not to have it for two nights without having his will written down regarding it.

This hadith has been narrated on the authority of ‘Ubaidullah with the same chain of transmitters, but with a slight variation of words.

A hadith like this have been narrated on the authority of Nifi, who based his narrations of the words of Ibn ‘Umar but with a slight variation of words.

Salim reported on the authority of his father (‘Abdullah b. Umar) that he (his father) had heard Allah’s Messenger (may peace be upon him) as saying: It is not proper for a Muslim who has got something to bequeath to spend even three nights without having his will written down with him regarding it. ‘Abdullah b. ‘Umar (Allah be pleased with them) said: Ever since I heard Allah’s Messenger (may peace be upon him) say this I have not spent a night without having my will (written) along with me. This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.


Chapter 2: Will Can Be Made Only for One-Third

Amir b. Sa’d reported on the authority of his father (Sa’d b. Abi Waqqas): Allah’s Messenger (may peace be upon him) visited me in my illness which brought me near death in the year of Hajjat-ul-Wada’ (Farewell Pilgrimage). I said: Allah’s Messenger, you can well see the pain with which I am afflicted and I am a man possessing wealth, and there is none to inherit me except only one daughter. Should I give two-thirds of my property as Sadaqa? He said: No. I said: Should I give half (of my property) as Sadaqa? He said: No. He (further) said: Give one-third (in charity) and that is quite enough. To leave your heirs rich is better than to leave them poor, begging from people; that you would never incur an expense seeking therewith the pleasure of Allah, but you would be rewarded therefore, even for a morsel of food that you put in the mouth of your wife. I said: Allah’s Messenger, would I survive my companions? He (the Holy Prophet) said: If you survive them, then do such a deed by means of which you seek the pleasure of Allah, but you would increase in your status (in religion) and prestige; you may survive so that people would benefit from you, and others would be harmed by you, (The Holy Prophet) further said: Allah, complete for my Companions their migration, and not cause them to turn back upon their heels. Sa’d b. Khaula is, he (may peace be upon him) felt grief for him as he had died in Mecca.

This hadith is narrated on the authority of Zuhri with the same chain of transmitters.

‘Amir b. Sa’d reported from S’ad (b. Abu Waqqas): Allah’s Apostle (may peace be upon him) visited me to inquire after my health, the rest of the hadith is the same as transmitted on the authority of Zuhri, but he did not make mention of the words of Allah’s Apostle (may peace be upon him) in regard to Sa’d b. Khaula except this that he said: “He (the Holy Prophet) did not like death in the land from which he had migrated.”

Mus’ab b. Sa’d reported on the authority of his father. I was ailing. I sent message to Allah’s Apostle (may peace be upon him) saying: Permit me to give away my property as I like. He refused. I (again) said: (Permit me) to give away half. He (again refused). I (again said): Then one-third. He (the Holy Prophet) observed silence after (I had asked permission to give away) one-third. He (the narrator) said: It was then that endowment of one-third became permissible.

This hadith has been narrated on the authority of Simak with the same chain of transmitters. But he did not mention: “It was then that one-third became permissible.”

Ibn Sa’d reported his father as saying: Allah’s Apostle (may peace be upon him) visited me during my illness. I said: I am willing away the whole of my property. He said: No. I said: Then half? He said: No. I said: Should I will away one-third? He said: Yes, and even one-third is enough.

Humaid b. ‘Abd al-Rahman al-Himyari reported from three of the sons of Sa’d all of whom reported from their father that Allah’s Apostle (may peace be upon him) visited Sa’d as he was ill in Mecca. He (Sa’d) wept. He (the Holy Prophet) said: What makes you weep? He said: I am afraid I may die in the land from where I migrated as Sa’d b. Khaula had died. Thereupon Allah’s Apostle (may peace be upon him) said: O Allah, grant health to Sa’d. O Allah, grant health to Sad. He repeated it three times. He (Sa’d) said: Allah’s Messenger, I own a large property and I have only one daughter as my inheritor. Should I not will away the whole of my property? He (the Holy Prophet) said: No. He said: (Should I not will away,) two-thirds of the property? he (the Holy Prophet) said: No. He (Sa’d) (again) said: (Should I not will away) half (of my property)? He said: No. He (Sa’d) said: Then one-third? Thereupon he (the Holy Prophet) said: (Yes), one-third, and one-third is quite substantial. And what you spend as charity from your property is Sadaqa and flour spending on your family is also Sadaqa, and what your wife eats from your property is also Sadaqa, and that you leave your heirs well off (or he said: prosperous) is better than to leave them (poor and) begging from people. He (the Holy Prophet) pointed this with his hands.

Humaid b. Abd al-Rahmin al-Himayri reported on the authority of the three of the sons of Sa’d: They said: Sa’d fell ill in Mecca. Allah’s Messenger (may peace be upon him) visited him to inquire after his health. The rest of the hadith is the same.

Humaid b. Abd al-Rahman reported this hadith on the authority of three of Sa’d’s sons: Sa’d fell ill in Mecca and Allah’s Apostle (may peace be upon him) visited him. The rest of the hadith is the same.

Ibn ‘Abbas (Allah be pleased with them) said: (I wish) if people would reduce from third to fourth (part for making a will of their property), for Allah’s Messenger (may peace be upon him) said: So far as the third (part) is concerned it is quite substantial. In the hadith transmitted on the authority of Waki (the words are) “large” or “much”.