One of the things that is sacred enough in the process of death is the will, more than the will of assets. When one is at stake in his life, Islam ensures a will to another. However, there are still many will phenomena that have not yet met a criteria based on the religion.
The criteria are a condition of some particular aspect that allows someone to authorize assets of wealth to other people who are trusted. Of course, if one of those criteria is unmet, one can’t authorize an asset.
Therefore, it has to be understood from the beginning all the criteria in the will. Some people, in life, are often covered with material dependencies. This issue becomes an impediment for a person to authorize an asset. Before one can authorize an asset to another, a liability like a certain debt or vows must be paid:
وَشُرِطَ فِي الموصي بقضاء حق ما مر
It is no sin for the parents to settle their debts. Zakariya Al-Anslai,
The asset rate that instructs assets to the heir, can’t be done indefinitely. Since the will is personalized, then there must be a proportional level of reference to the asset. In general, the measure of the property of the Prophet is one-third of all property.
يَا رَسُولَ اللَّهِ أُوصِي بِمَالِي كُلِّهِ قَالَ لَا قُلْتُ فَالشَّطْرُ قَالَ لَا قُلْتُ الثُّلُثُ قَالَ فَالثُّلُثُ وَالثُّلُثُ كَثِيرٌ إِنَّكَ أَنْ تَدَعَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَدَعَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ فِي أَيْدِيهِمْ
It means, “O Messenger of Allah, I (Sa’ad bin Abi Waqqash) wish to bequeath my entire wealth.” He said: “No!” I said: “Half of it.” He said: “No!” I said again: “A third of it.” He said: “Yes, a third of it, and a third is a lot. Indeed, if you leave your heirs wealthy, it is better than leaving them poor and begging people with outstretched hands.” (HR Al-Bukhari).
However, an ordered asset could be different depending on whom the asset is ordered. If there is an heir, one-third of it, and if there is a heir, then a third of it will be.
As for the assets ordered by the heirs, one-third or so, with the record, it must be approved by the other.
Nawawi bin Umar, Nihayatuz Zain,
As for the entire authority asset, it counts as time of death, even if the assets continue to grow. (Ibrahim Al-Baijuji, Hasyiya al-Baijuji, (Beirut, Darul Fikr: 2022), juz II, page 160).
The will of God will be fulfilled. Not everyone is legally legal to order a third or more of his assets.
وَشرط فِي الْمُوصي تَكْلِيف وحرية وَاخْتِيَار وَلَو كَانَ كَافِرًا حَرْبِيّا أَو غَيره
It means, God is all-knowing and all-wise.
Therefore, those who don’t meet this criteria are not allowed to command their assets. For example, a person under pressure, or before his death suddenly goes out of his mind, let him die.
And he who is charged with fulfilling any terms other than measuring the will of a testator, shall fulfill some of the requirements. No, someone ordered a random asset, without considering certain terms:
وتصح الوصية) … (إلى من اجتمعت فيه خمس خصال: الإسلام، والبلوغ، والعقل، والحرية، والأمانة). واكتفى بها المصنف عن العدالة
It means, Say, “Then [it is] for five [who are] believers. He said,” This is from Allah.
So that’s a variety of criteria to understand, when one would order their assets.
In short, following the terms of instructing an asset to others:
- Free from burden
- Commanding assets to their capacity. If instructed to an heir may be one-third or fine, as long as you get ridho from the other heirs. If non-inherited, then eliminated a third of the wealth.
- God is aware of what you do.
God is all knowing and wise. That’s all it is, hopefully, to become an insight into preparing the process of instructing assets at the end. Amin. Wallahu a’lam.
