Importance of Inheritance - Shaykh Zakaullah Saleem

The Importance of Inheritance and Writing a Will

Indeed, all praise is due to Allah. We praise Him and ask His help and ask His forgiveness. And we seek refuge in Allah from the evils of our souls and from the evils of our deeds.

Whomsoever Allah guides, none can misguide him. And whosoever He misguides, none can guide him. I bear witness that there is no god but Allah, alone, with no partner. And I bear witness that Muhammad is His servant and Messenger.

O you who have believed, fear Allah as He should be feared. And do not die except as Muslims.

O you who have believed, fear your Lord, Who created you from a single soul. And He created from it a wife. And He spread among them many men and women. And fear Allah in Whom you ask for help and mercy. Indeed, Allah is ever watching over you.

O you who have believed, fear Allah and say a firm word. He will correct your deeds and forgive your sins. And whosoever obeys Allah and His Messenger, he has won a great victory.

As for what follows — the best hadith is the Book of Allah. And the best guidance is the guidance of Muhammad, peace and blessings be upon him. And the worst of things are its innovations. And every innovation is a newly invented matter. And every newly invented matter is a misguidance. And every misguidance is in the Fire.

Islam: A Complete and Comprehensive Religion

Allah revealed the ayah in Surah Al-Ma'idah in which He says that He has completed for us our religion and perfected upon us His blessings.

No matter how many blessings and bounties of Allah you have in your life, if you are deprived of the blessing of Islam, all these bounties mean nothing in the sight of Allah. But if you have the blessing of Islam and you are deprived of all other bounties, you are still so blessed by Allah.

Islam is such a beautiful and comprehensive religion that deals and guides the whole of mankind on how to worship Allah. Islam also guides mankind on how to deal with their financial, moral, and social issues. Islam even deals with the matters of this life as well as the matters of the next life. Islam deals with life and death both.

That is why it is seen as one of the most important blessings of Allah. As we are, alhamdulillah, by the mercy of Allah, Muslims — we should be proud of this religion and we must be thankful to Allah that He has guided us on how to live the life of this dunya and how to conduct our daily routine and our dealings and our interactions with others.

Two Neglected but Critical Matters

In today's khutbah, I would like to highlight two of the most important issues that are hugely neglected or ignored by the Muslims. Or some Muslims even believe that these matters are not of that importance, or they do understand the importance of these matters but they do not want to act upon them — because according to their ill mentality, they think or believe that these are not binding rulings of the Sharia.

The two matters I would like to discuss in today's khutbah are: the first is the matter of writing a will, and the second is the importance of the distribution of inheritance.

The Importance of Writing a Will

Both of these matters are very, very important — to the extent that our Prophet, peace and blessings be upon him, said in a hadith reported by Imam Muslim on the authority of Sayyiduna Abdullah ibn Umar, may Allah be pleased with them both:

(Sahih Muslim, Book 25, Hadith 3)

"It is not right for a believer who has something to make a will about to spend even two nights without having his will written."

Abdullah ibn Umar, may Allah be pleased with them both, said: "Since I heard this hadith from the Messenger of Allah, not even one single night has passed on me except that I have my will written down with me."

Writing a will is so important for any Muslim, and it is even more crucial for the Muslims residing in non-Muslim countries where many of your affairs are not dealt with according to the Sharia of Islam. But at the same time, you have the freedom that if you want to conduct your affairs according to the Sharia of Islam, then you must write them down.

What Should a Will Include?

When it comes to writing a will, my dear brothers and sisters in Islam, we need to bear in mind a few things. One of them is that we should include in the will not only financial matters — and this is one of the biggest misunderstandings. Many of us neglect this matter believing: "I have no bank balance, I have no property, I have nothing to leave behind, so what do I need to write a will for?"

The reality is that a will is not only to deal with financial matters. Rather, you should:

• Write down the names of your inheritors
• Write down the names of the executors of your will
• Make mention of the arrangements of your funeral — so that it does not become a matter of complexity or confrontation amongst the relatives after you have passed away

That is why it is very important to write a will. And when it comes to writing a will, you must legalize it through a solicitor who has the knowledge of writing a will. And when it comes particularly to dealing with matters related to finance and inheritance, first and foremost you must check with someone knowledgeable — with an Imam or a scholar — to make sure that you write in the will the portions and shares of the inheritors exactly according to the Sharia.

It is not right for you to write down the portions or shares of your inheritors according to your own desire, or based on your personal attachment or personal inclination towards one of the inheritors — even amongst your own children. It is not permissible, because inheritance is such an important issue within the Sharia of Islam that Allah has revealed verses in the Quran and the Prophet, peace and blessings be upon him, has mentioned the rights of the inheritors within his ahadith.

No Will in Favour of an Inheritor Beyond Their Designated Share

One of the matters we need to keep in mind when it comes to writing a will is what the Prophet, peace and blessings be upon him, said in a hadith reported by Imam Abu Dawud on the authority of Abu Umama:

(Sunan Abu Dawud, Book 18, Hadith 2864)

"Indeed, Allah has given every individual who has a right in the inheritance their due rights." He, peace and blessings be upon him, said: "There is no will for an inheritor." You as a testator cannot give any inheritor more than what Allah has already given them. So when it comes to writing a will, the portion you want distributed amongst your inheritors must be according to the Sharia of Islam.

The One-Third Bequest for Non-Inheritors

One of the matters we need to keep in mind is that our Sharia has allowed us to make a will for up to a maximum of one third of our estate to be given to those who are not our inheritors — even when it comes to giving in the way of Allah as a Sadaqah. So you can write a will and within it mention that up to one third maximum can be given out on your behalf in charity, or to someone who is not part of the inheritance family.

The Prophet, peace and blessings be upon him, said in the hadith that is reported on the authority of Sa'd ibn Abi Waqqas: When he fell ill, the Prophet, peace and blessings be upon him, came to see him. Sa'd said: "O Messenger of Allah, I would like to give in charity, in Sadaqah." The Prophet, peace and blessings be upon him, advised him and said:

(Sahih al-Bukhari, Hadith 2742; Sahih Muslim, Book 25, Hadith 9)

"One third — and one third is a big amount." You can give only up to one third, not more than that.

Abdullah ibn Abbas, may Allah be pleased with them both, used to say — as reported by Imam Muslim — "I wish that people would reduce from one third to one fourth, because I heard the Messenger of Allah, peace and blessings be upon him, saying: 'One third is a big amount.'"

And the Prophet, peace and blessings be upon him, advised Sa'd ibn Abi Waqqas saying: "Leaving your inheritors well-off — those who inherit from you and benefit from your wealth — is better than leaving them behind poor, such that they end up begging others." That is why when it comes to writing a will, it must be according to the Sharia and within the boundaries of Islam.

The Executor's Responsibility

One of the matters related to writing a will is that the executor — the person who has been nominated or given the responsibility to act upon the will — if he finds out later on that the testator had made a mistake and written down something that contradicts the Sharia, then he has the responsibility to change it and to make it according to the Sharia of Islam.

Allah says in Surah Al-Baqarah that it is the responsibility of the executors to act upon the will as it has been written, and it will be a sin on them if they try to destroy it or change it. But if they do find out something in the will that goes against the Sharia, then they must rectify it.

The Importance of Distributing Inheritance

My dear brothers and sisters in Islam, this leads me to the next matter — the matter of inheritance. The matter of inheritance is a very, very important issue. A key part of your will should be how your inheritance is to be distributed amongst those who are, according to the Sharia, your inheritors. It is your responsibility to make sure that every individual who has been given the right by Allah to inherit you receives their due rights.

Three Things Before Distributing the Inheritance

When it comes to acting upon the will and distributing the inheritance, it is the responsibility of the relatives and the inheritors to make sure to conduct three things before they distribute the inheritance:

1. They must arrange the funeral — and the funeral cost can and should be covered from the wealth of the deceased.
2. If there are any debts outstanding on the deceased, those debts must be paid off before the wealth is distributed amongst the inheritors.
3. If the deceased has made a will for up to one third of their wealth to be given in charity, that must be taken out before the wealth is distributed amongst the inheritors.

Two Extremes to Avoid

When it comes to writing a will and understanding the rulings of inheritance, one very important matter we need to bear in mind is that the rulings of the Sharia with regards to inheritance come into implementation after your death. This is very important to understand.

We have within our society and community two extremes. One is that people neglect the matter of inheritance completely — they do not write anything, they make no will, and they leave it for the inheritors, although they know there can be a big fight amongst the relatives and even amongst their own children after their death. This is one extreme.

The other extreme is that you try to distribute everything within your lifetime — which is also one of the greatest mistakes you can commit. You yourself can become vulnerable, and sometimes your own children might be pressurizing you to give them their rights while you are alive as a father or mother. But it is not correct for you to do so, because all the rulings of inheritance are implemented after you have died.

You should not distribute all of your wealth — your money, property, and whatever you have in your possession — while you are alive. But if you do want to distribute it, then it will take the rulings of gifting, not inheritance. Bear in mind that it must be seen as a gift.

The Ruling on Gifts During One's Lifetime

When it comes to giving gifts, first and foremost you must have a sincere intention. If your intention is to deprive some of your inheritors — for example, you want to give all of your wealth as a gift to your children in order to deprive your own parents — then it is not correct. It is oppression.

And even when it comes to giving as a gift to your children, it must be given equally. You cannot implement the rulings of inheritance on your children while you are alive.

When it comes to this, Nu'man ibn Bashir wanted to give a huge amount as a gift to one of his children. His wife advised him to go and ask the Messenger of Allah, peace and blessings be upon him, to testify to it. Nu'man came to the Prophet and mentioned: "O Messenger of Allah, I would like you to become a witness for this gift that I would like to give to one of my children — to this particular son." The Prophet, peace and blessings be upon him, asked him: "Did you give the similar or equal amount as a gift to the rest of your children?" He said: "No, O Messenger of Allah." He reports that the Prophet became very angry and said:

"Would you like me to become a witness for something that is seen as oppression? Go back — you should do justice amongst your children." So if you would like to distribute your wealth while you are alive, sons and daughters will be getting exactly equal rights and an equal portion. You cannot implement the rulings of inheritance on your children while you are alive.

The Wife's and Husband's Share in Inheritance

One of the matters related to inheritance is that it is not right to write in the will that your spouse inherits all of your wealth. Unfortunately, this becomes a big problem — the father passes away, the children are waiting to get their shares from the inheritance and the wealth of the father, but the mother is taking control of the property and saying: "Your father has given everything to me."

Allah has given the wife a certain portion: if the person passes away and leaves behind children and a wife, the wife is entitled to only one eighth of the wealth — nothing more than that. It is not permissible for the mother to take full control of the property or the inheritance of the father's wealth and say: "Since I am alive, I am not going to distribute anything amongst you." This is wrong on the mother's part.

Likewise, if the mother passes away, it is not the right of the father to take full control of the property of his wife while he has children and she has left children behind. In this particular case, the husband is entitled to only one fourth — not more than that.

Do Not Delay the Distribution of Inheritance

When it comes to distributing the wealth and distributing the inheritance, my dear brothers and sisters in Islam, it is the responsibility of the inheritors to distribute it as soon as possible. In some cases, unfortunately, we see that people neglect this matter, and the dispute and conflict within the family continues for generations. "My grandfather passed away and he did not receive his portion from his father, and now the grandchildren are fighting over that small portion of property" — and this is all because of ignorance or negligence with regards to this matter.

You should not delay it, and you should not have any baseless or lame excuses. If a person has passed away and left behind property, you should not use the excuse: "We do not want to sell the property because it is so valuable" — and then leave it until the next generation comes and fights over it, and you also pass away and carry the sin while you are lying in your grave. That is why it is not right, it is not appropriate for a Muslim to delay the distribution of the inheritance.

The Rights of Women in Inheritance

My dear brothers and sisters in Islam, when it comes to distributing the inheritance we should bear in mind that Allah has given the mother her right, the sisters have been given their rights, and the daughters have been given their rights as well.

Unfortunately, it is one of the biggest mistakes — one of the sins, I should say — that we commit when it comes to the distribution of inheritance: we tend to neglect the women in our families. Daughters are sometimes pressurized by their own parents to give up their portion and their right. And sometimes the daughters themselves feel embarrassed to approach the parents or their brothers to ask for their due rights, because they know that as soon as they request it they will be deprived and disowned — which is clearly wrong.

If you take over the rights of your sisters, your daughters, and your mothers, you will be held to account before Allah. And if you consume their rights in this dunya, Allah says in the Quran that you are filling your bellies with the coal of the fire of Hell.

When it comes to the distribution of inheritance, the daughters must be given their due rights, and if there are any rights for the sisters in the inheritance, they must be given out.

Protecting the Wealth of Orphans

Likewise, my dear brothers and sisters in Islam, if you have nephews and nieces who are left as orphans, it is your responsibility to take care of them. Allah instructs in the Quran that you should not hand over the wealth to them while they are not yet mature. It is your responsibility to take care of the wealth of the deceased until the orphans grow older and become mature — and then you hand over the property or the wealth to them.

These are some of the basic rulings of the Sharia with regards to inheritance that we need to keep in mind. We ask Allah that He give us tawfiq and ability to act upon the Sharia, and may Allah allow us to rectify our errors and mistakes.

Surah An-Nisa and the Rulings of Inheritance

My dear brothers and sisters in Islam, Allah revealed most of the rulings related to inheritance in a particular surah in the Quran. The surah in which the rulings of inheritance are revealed is called Surah An-Nisa. An-Nisa means "women," and there is great wisdom in this — because even in the pre-Islamic days, people used to deprive their women from having their portion or their rights in the inheritance. And unfortunately, this is something that continues amongst the Muslims today.

Not only non-practicing Muslims — some very, very religious and practicing Muslims, when it comes to giving the due rights of their daughters and sisters, are so reluctant. And even if they do give, they continue harboring ill feelings against their daughters and sisters because they have taken their due rights from the inheritance.

Allah reminds us at the beginning of this very surah — Surah An-Nisa: "O people, O mankind, fear your Lord." This is the very same ayah that the Prophet, peace and blessings be upon him, used to include in his Khutbat al-Hajah. It was one of the verses he would recite in his khutbah, and in it Allah reminds us again and again about the importance of this particular matter of inheritance.

Allah commands us to distribute the inheritance according to the rulings and the legislation that He has revealed. He says:

This is an obligation from Allah — Allah is All-Knowing, All-Wise. Then again Allah says: "This is the commandment of Allah." Then Allah concludes this passage of Surah An-Nisa related to inheritance by saying:

"O mankind, O believers, O Muslims — bear in mind: these are the boundaries of Allah. Whoever obeys Allah and His Messenger and stays within the boundaries, Allah will allow him to enter into Paradise — and indeed this is the greatest success."

And Allah also warns in the next ayah: "And whoever disobeys Allah and His Messenger and crosses the boundaries and transgresses — for such a person is the fire of Hell, and he will be residing in the fire forever, and he will be facing a humiliating punishment on the Day of Judgment."

So fear Allah — fear your Lord — in all matters, and particularly in the matter of inheritance. I ask Allah that He give us the ability to act upon the Sharia and to see the Sharia of Islam and the religion of Islam as a blessing of Allah, rather than as a burden upon us. May Allah allow us to live as Muslims and may Allah allow us to die as Muslims.