Bequest, which in linguistic terms means to advise, counsel, make a vow, and command, is explained in this context. Stay with Saad News for more information.
Bequest, which in linguistic terms means to advise, counsel, make a vow, and command, when it comes from Allah Almighty, conveys the meaning of an order and command. This is reflected in verses like:
"And We have enjoined upon man [care] for his parents. His mother carried him with hardship upon hardship, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination." (Surah Ahqaf, 46:15)
"...and He has enjoined upon me prayer and zakah as long as I remain alive." (Surah Maryam, 19:31)
When the bequest is not from Allah, it has different meanings.
In legal terms, bequest refers to when a person requests that something be done after their death, such as allocating property to someone or appointing a guardian for their children and dependents.
The Qur'an considers bequest a right for the pious, saying:
"It has been decreed for you that when death approaches any of you, if he leaves wealth, that he make a bequest for the parents and the near relatives according to what is acceptable, a duty upon the righteous." (Surah Baqarah, 2:180)
The Prophet Muhammad (PBUH) said: "It is not appropriate for a Muslim to go to bed at night without his bequest being under his pillow." He also stated: "If a person dies without making a bequest, he dies in a state of ignorance."
Imam Baqir (AS) said: "A person who does not make a bequest for his family at the time of death ends his life with sin."
Fulfilling a bequest and paying off the deceased's debts before distributing inheritance is obligatory.
Allah commands regarding inheritance:
“Allah instructs you concerning your children: for the male, a portion equal to that of two females. And if there are [only] daughters, two or more, for them is two-thirds of what he left. And if there is only one, for her is half. And for his parents, to each of them is one-sixth of what he left if he has a child. But if he has no child and his parents inherit from him, then for his mother is one-third. And if he has brothers [and sisters], then for his mother is one-sixth after the bequest he has made or the debt. …For your wives, if you leave no children, for them is one-fourth of what you leave; but if you have children, for them is one-eighth of what you leave, after the bequest you have made or the debt.” (Surah An-Nisa, 4:11-12)
This prayer is performed between the Maghrib and Isha prayers, and it is considered recommended. The Bequest Prayer consists of two units of prayer (rak'ahs). In the first rak'ah, after reciting Surah Al-Fatiha, recite Surah Az-Zalzalah (13 times), and in the second rak'ah, after Surah Al-Fatiha, recite Surah Al-Ikhlas (15 times). If this prayer is performed every night, its reward cannot be measured except by Allah.
It is narrated from Imam Ja'far Sadiq (AS) that the Prophet (PBUH) said: "I advise you to pray two rak'ahs between Maghrib and Isha. Whoever prays this prayer every month is considered among the believers, and whoever prays it every year is among the good-doers. Whoever prays it every Friday is among the sincere, and whoever prays it every night will be with me in Paradise, and no one knows its reward except Allah."
When death is imminent:
If someone owes money, they must pay off the debt. If they cannot pay, they should make a bequest, and have witnesses for it.
If one owes zakat, khums (tax), or has other obligations, they must fulfill them. If they cannot, they should make a bequest.
If a person has missed prayers or fasting, they should make a bequest for someone to perform them on their behalf.
A person can bequeath up to one-third of their wealth. A bequest exceeding one-third is valid only if the heirs give their permission.
Financial obligations such as debts, khums, zakat, and kaffarah (penalties) are deducted from the estate, even if the person did not explicitly make a bequest for them. Hajj is also considered a financial obligation. However, personal obligations like missed prayers and fasting or bequests for recommended actions such as charity are taken from the one-third of the estate, and any excess requires permission from the heirs.
A person does not need to appoint a guardian for their minor children if there is no risk of their property being lost, but if necessary, a trustworthy guardian should be appointed.
If a written document signed or sealed by the deceased is found, it should be followed, provided it is clear that the document pertains to a bequest.
If someone bequeaths all their wealth to their spouse, the bequest is valid for one-third of the estate, and the rest is for the heirs.
If a man has not paid his wife’s dowry during his lifetime, the dowry is considered a debt and must be paid from his estate after his death.
