What Does the Hadith Say About Wills?

Narrated 'Urwa: When the wall fell on them (i.e. graves) during the caliphate of Al-Walid bin 'Abdul Malik, the people started repairing it, and a foot appeared to them. The people got scared and thought that it was the foot of the Prophet. No-one could be found who could tell them about it till I ('Urwa) said to them, "By Allah, this is not the foot of the Prophet but it is the foot of Umar." Aisha narrated that she made a will to 'Abdullah bin Zubair, "Do not bury me with them (the Prophet and his two companions) but bury me with my companions (wives of the Prophet (p.b.u.h) ) in Al-Baqi as I would not like to be looked upon as better than I really am (by being buried near the Prophet)."

Narrated Said bin Jubair: Ibn Abbas said, "In the verse: To every one We have appointed ' (Muwaliya Mawaliya means one's) heirs (4.33).' (And regarding the verse) 'And those with whom your right hands have made a pledge.' Ibn 'Abbas said, "When the emigrants came to the Prophet in Medina, the emigrant would inherit the Ansari while the latter's relatives would not inherit him because of the bond of brotherhood which the Prophet established between them (i.e. the emigrants and the Ansar). When the verse: 'And to everyone We have appointed heirs' (4.33) was revealed, it cancelled (the bond (the pledge) of brotherhood regarding inheritance)." Then he said, "The verse: To those also to whom your right hands have pledged, remained valid regarding co-operation and mutual advice, while the matter of inheritance was excluded and it became permissible to assign something in one's testament to the person who had the right of inheriting before.

Narrated Ibn 'Abbas: That the mother of Sad bin Ubada the brother of Bani Saida died in Sad's absence, so he came to the Prophet saying, "O Allah's Apostle! My mother died in my absence, will it benefit her if I give in charity on her behalf?" The Prophet said, "Yes." Sad said, "I take you as my witness that I give my garden Al-Makhraf in charity on her behalf."

Narrated Sad bin Abu Waqqas: The Prophet came visiting me while I was (sick) in Mecca, ('Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet) said, "May Allah bestow His Mercy on Ibn Afra (Sad bin Khaula)." I said, "O Allah's Apostle! May I will all my property (in charity)?" He said, "No." I said, "Then may I will half of it?" He said, "No". I said, "One third?" He said: "Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah's sake will be considered as a charitable deed even the handful of food you put in your wife's mouth. Allah may lengthen your age so that some people may benefit by you, and some others be harmed by you." At that time Sad had only one daughter.

Narrated Mujahi: (regarding the Verse):-- "Those of you who die and leave wives behind. They - (their wives) -- shall wait (as regards their marriage ) for four months and ten days)." (2.234) The widow, according to this Verse, was to spend this period of waiting with her husband's family, so Allah revealed: "Those of you who die and leave wives (i.e. widows) should bequeath for their wives, a year's maintenance and residences without turning them out, but if they leave (their residence), there is no blame on you for what they do with themselves provided it is honorable.' (i.e. lawful marriage) (2.240). So Allah entitled the widow to be bequeathed extra maintenance for seven months and twenty nights, and that is the completion of one year. If she wished she could stay (in her husband's home) according to the will, and she could leave it if she wished, as Allah says: "..without turning them out, but if they leave (the residence), there is no blame on you." So the 'Idda (i.e. four months and ten days as it) is obligatory for her. 'Ata said: Ibn 'Abbas said, "This Verse, i.e. the Statement of Allah: "..without turning them out.." cancelled the obligation of staying for the waiting period in her dead husband's house, and she can complete this period wherever she likes." 'Ata's aid: If she wished, she could complete her 'Idda by staying in her dead husband's residence according to the will or leave it according to Allah's Statement:-- "There is no blame on you for what they do with themselves." 'Ata' added: Later the regulations of inheritance came and abrogated the order of the dwelling of the widow (in her dead husband's house), so she could complete the 'Idda wherever she likes. And it was no longer necessary to provide her with a residence. Ibn 'Abbas said, "This Verse abrogated her (i.e. widow's) dwelling in her dead husband's house and she could complete the 'Idda (i.e. four months and ten days) wherever she liked, as Allah's Statement says:--"...without turning them out..."