What is a Bequest in an Islamic Will?
A bequest is a certain amount of money and property given to non-heirs (people who are not recognized as potential inheritors). This can include adopted children, charities, etc.
How much can I bequeath in an Islamic Will?
You can bequeath up to one-third of your estate. The remaining two-thirds is given to heirs (those who are always entitled to a share of the inheritance).
Why is a bequest in an Islamic Will limited to one-third of a person's estate?
A person cannot bequeath more than one-third of their estate because it's the limit set by the Prophet (P.B.U.H.) when Saad Ibn Abi-Waqqas approached him about giving two-thirds of his money to charity. The Prophet rejected the two-third donation, prompting Saad to suggest one-half, which the Prophet also refused. "One-third?" asked Saad. The Prophet accepted hesitantly, saying, "A third then a third is still too much."
Can a bequest in Islamic Will be made to an heir?
No. Bequests can only be made towards non-heirs. In addition, there are some restrictions on bequests, such as bequest to an heir, bequest to an unborn person, bequest to the testator's murderer, bequest of more than one-third of the testator's property, or creation of unknown estates.