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[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.68 –:– It is Allowed to Give One Third of Your Wealth in your Will and It is Sunnah to Look After an ill Person

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari

It is Allowed to Give One Third of Your Wealth in your Will and It is Sunnah to Look After an ill Person

Amir Ibn Sa’d: One Hadith

[68] From Malik from Ibn Shihab from Amir Ibn Sa’d Ibn Abu Waqas from his father Sa`d Ibn Abi Waqas: That he said, “In the year of the last Hajj of the Prophet (Sallalahu Alayhi Wa Sallam) I became seriously ill and the Prophet (Sallalahu Alayhi Wa Sallam) used to visit me inquiring about my health. I told him, ‘I am reduced to this state because of illness and I am wealthy and have no inheritors except a daughter. Should I give two-thirds of my property in charity?’ He said, ‘No.’ I asked, ‘Half?’ He said, ‘No.’ then he added, ‘One third, and even one-third is much. You’d better leave your inheritors wealthy rather than leaving them poor, begging others. You will get a reward for whatever you spend for Allah’s sake, even for what you put in your wife’s mouth.’ I said, ‘O Allah’s Messenger (Sallalahu Alayhi Wa Sallam)! Will I be left alone after my companions have gone?’ He said, ‘If you are left behind, whatever good deeds you will do will upgrade you and raise you high. And perhaps you will have a long life so that some people (Muslims) will be benefited by you while others (non-Muslims) will be harmed by you. O Allah! Complete the emigration of my companions and do not turn them renegades.’ But Allah’s Messenger (Sallalahu Alayhi Wa Sallam) felt sorry for poor Sa`d Ibn Khaula as he died in Mecca.” (but Sa`d Ibn Abi Waqas lived long after the Prophet (Sallalahu Alayhi Wa Sallam) 


Ibn Shihab az-Zuhri clarified hearing (this hadith from Amir Ibn Sa’d Ibn Abi Waqas) in Bukhari (no.56) and Humaydi (no.66)


Al-Muwatta (Yahya’s narration 2/763 hadith no.1533, book 17, chapter 3, hadith no.4), at-Tamhid (8/374, 375), al-Istidhkar: (no.1462)          

Transmitted by Bukhari (no.1295) from the hadith of Malik and Muslim (no.1628) from the hadith of Zuhri.

From the narration of Yahya Ibn Yahya


1) In the will for the heirs only one third of the wealth is allowed to be given (to charity or gifts). It is not allowed to exceed this except if there is no heir then some scholars say it is allowed to give all the wealth to charity.

2) In this narration some narrators have said, “year of the conquest” instead of the farewell Hajj however what is most correct is that this event happened at the farewell Hajj.

3) Whatever charity, gifts or freeing of slaves is done during the death bed (illness before death) then this will be from the one third that is allowed to be left behind (given).

4) Allocating from the Qu’ran is allowed from the authentic hadiths because this hadith has made the general ruling for wills to become specific.

5) Some scholars have said that more than one third can be given in the will on the condition that the heirs consent to it.

6) If the person who is dying is poor then it is better for him not to give one third of his wealth away in his will and rather leave it for his relatives so that they don’t end up begging other people.

7) If the one who is virtuous is ill then the Sunnah is that a virtuous person should visit him during his illness. Jabir Ibn Abdullah al-Ansari (Radi Allahu Anhu) narrates that the Prophet (Sallalaahu Alayhi Wa Sallam) said, “Whoever visits a sick person then he enters into mercy and when he sits down then he becomes enveloped  in (mercy).” (al-Adab al-Mufrad of Bukhari no.522, and its chain is [Hasan] good and there is another route in Ahmad 3/304, Ibn Hibban in his Sahih no.711, al-Hakim 1/350, al-Bazar no.775 and its chain is [Hasan] good)

8) The foundations and pillars of actions are intentions. Whatever is spent for the sake of Allah then you will be rewarded with it. Insha Allah

9) Spending money on your family and near relatives and helping them as much as you can (with what you can afford) is from charity also where reward will be obtained Insha Allah.

10) Apart from the Majestic Qu’ran, the noble Prophet (Sallalaahu Alayhi Wa Sallam) received another type of revelation because of his saying, “because of you a group of people (a nation) will receive benefit from you and another people (nation) will receive loss” is news about the unseen (future events) whereby who and from is completed. Sa’d Ibn Abi Waqas (Radi Allahu Anhu) lived after the Prophet (Sallalaahu Alayhi Wa Sallam) and he conquered Iran whereby the Muslims gained benefit and the disbelievers gained a loss. Only Allah knows the unseen (future events) therefore it has become established that Allah had told the Prophet (Sallalaahu Alayhi Wa Sallam) about this. Wal Hamdullilah

From this hadith there are numerous other benefits that are known. For example the muhajir (one who migrates to another land) can’t come back to live in his homeland again. It is allowed to write about or say about lamenting over the death of a Muslim brother, on the condition that the lamenting has no extravagance, magnification and lies. So it is Sunnah to regret (have sorrow) and have a sympathetic express over distress and the original distress (affliction) is the loss in religion and (good) deeds. Etc.

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