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Hadith Section > A Manual of Hadith > Chapter 27: Wills and Inheritance (Summary of the Chapter)


Chapter 27:
Wills and Inheritance (Summary of the Chapter):


Every man who owns property is required to make a will (wasiyyah) (v. 1 ; h. 1) which should be properly witnessed (v. 2). The will was ordained especially for charitable purposes and limited to one-third of the property (h. 2), the heirs receiving specified portions (v. 3 ; h. 9), no will being allowed in their favour (h. 3). Giving away property to needy relatives is a charitable object (h. 4)

If there is a debt due from the testator for which his property is responsible, the debt shall be paid before the execution of the will (h. 5). Muslims were not allowed to inherit from non-Muslims and vice-versa, the two being then at war with each other (h. 6). Prophets leave no inheritance, (h. 7)

If anything remains after giving away the appointed portions, it goes to the nearest male relative (h. 8). Hh. 9-11 cite certain cases of inheritance as decided by the companions of the Holy Prophet. When there are no near relatives, inheritance goes to the nearest great grand ancestor's descendants, eve to a freed slave; in the last resort, when no claimant is found, it goes to the Muslim state or the Muslim community (hh. 12-14). A child born crying is considered a person who can inherit or be inherited though he may die immediately afterwards (h. 15). A man who murders another cannot inherit from him (h. 16). An illegitimate child cannot inherit or be inherited (h. 17).

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Hadith Section > A Manual of Hadith > Chapter 27: Wills and Inheritance (Summary of the Chapter)

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