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Sahih Muslim

by Imam Muslim, translation by Abdul Hamid Siddiqui

Volume: The Book of Bequests (Kitab Al-Wasiyya)

A bequest (WasIyya) or will is defined as a transfer to come into operation after the testator's death. The testator is called Musi, and the legatee or devisee is called Musa lahu, and the executor is called Wasi. It is a spiritual testament of a man enabling him to make up his shortcomings in the worldly life and securing rewards in the Hereafter.

According to the Shar'iah, one is entitled to make a will for one-third of one's property and not beyond that so that the rights of the legal heirs are not adversely affected.

" Again, the principle on which the legality of a testamentary disposition is based being in defeance pro tanto of the rights of heirs generally the law requires that such disposition should be for the benefit of non-heirs alone.

" A further reason why a bequest in favour of an heir is not allowed is that it would amount to giving preference to some heirs over others, thus defeating the spirit of the law which has fixed the portion of each in the inheritance and causing disputes among persons related to one another. If the other heirs consent to a bequest to one of them or to a bequest of more than one-third of the estate, the above reasons no longer hold good and the bequest as made will be valid" (Abdur Rahim, The Principles of Muhammadan jurisprudence, pp. 311-2).

It is, however, preferable and most advisable not to will away the property if the legal heirs are poor, because it manifests benevolence to the heirs who have superior claim to it from the relations in which they stand.

Another principle which is observed in case of bequest is that the proprietary right of a legatee in a bequest is establislied if he accepts it.

The list of all chapters in this volume are given below.


List of chapters
ONE SHOULD MAKE IT A POINT TO WRITE THE WILL
WILL CAN BE MADE ONLY FOR ONE-THIRD
THE DECEASED IS ENTITLED TO REWARD FOR THE SADAQA GIVEN AFTER HIS DEATH
WHAT REWARD MAN GETS AFTER HIS DEATH
WAQF
HE WHO HAS NOT ANYTHING WITH HIM TO WILL AWAY SHOULD NOT DO IT

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List of Volumes
The Book of Faith (Kitab Al-Iman)
The Book of Purification (Kitab Al-Taharah)
The Book of Menstruation (Kitab Al-Haid)
The Book of Prayers (Kitab Al-Salat)
The Book of Zakat (Kitab Al-Zakat)
The Book of Fasting (Kitab Al-Sawm)
The Book of Pilgrimage (Kitab Al-Hajj)
The Book of Marriage (Kitab Al-Nikah)
The Book of Divorce (Kitab Al-Talaq)
The Book of Transactions (Kitab Al-Buyu`)
The Book Pertaining to the Rules of Inheritance (Kitab Al-Farai`d)
The Book of Gifts (Kitab Al-Hibat)
The Book of Bequests (Kitab Al-Wasiyya)
The Book of Vows (Kitab Al-Nadhr)
The Book of Oaths (Kitab Al-Aiman)
The Book Pertaining to the Oath, for Establishing the Responsibility of Murders, Fighting, Requital and Blood-Wit (Kitab Al-Kitab Al-Qasama wa'l-Muharaba wa'l-Qisas wa'l-Diyat)
The Book Pertaining to Punishments Prescribed by Islam (Kitab Al-Hudud)
The Book Pertaining to Judicial Decisions (Kitab Al-Aqdiyya)
The Book of Jihad and Expedition (Kitab Al-Jihad wa'l-Siyar)
The Book on Government (Kitab Al-Imara)
The Book of Games and the Animals which May be Slaughtered and the Aninals that Are to be Eaten (Kitab-us-Said wa'l-Dhaba'ih wa ma Yu'kalu min Al-Hayawan)
The Book of Sacrifices (Kitab Al-Adahi)
The Book of Drinks (Kitab Al-Ashriba)
The Book Pertaining to Clothes and Decoration (Kitab Al-Libas wa'l-Zinah)
The Book on General Behaviour (Kitab Al-Adab)
The Book on Salutations and Greetings (Kitab As-Salam)
The Book Concerning the Use of Correct Words (Kitab Al-Alfaz min Al-Adab wa Ghairiha)
The Book of Poetry (Kitab Al-Sh`ir)
The Book of Vision (Kitab Al-Ruya)
The Book Pertaining to the Excellent Qualities of the Holy Prophet (may Peace be upon them) and His Companions (Kitab Al-Fada'il)
The Book Pertaining to the Merits of the Companions (Allah Be Pleased With Them) of the Holy Prophet (May Peace Be Upon Him) (Kitab Al-Fada'il Al-Sahabah)
The Book of Virtue, Good Manners and Joining of the Ties of Relationship (Kitab Al-Birr was-Salat-I-wa'l-Adab)
The Book of Destiny (Kitab-ul-Qadr)
The Book of Knowledge (Kitab Al-`Ilm)
The Book Pertaining to the Remembrance of Allah, Supplication, Repentance and Seeking Forgiveness (Kitab Al-Dhikr)
The Book of Heart-Melting Traditions (Kitab Al-Riqaq)
The Book Pertaining to Repentance and Exhortation to Repentance (Kitab Al-Tauba)
Pertaining To The Charateristics Of The Hypocrites And Command Concerning Them (Kitab Sifat Al-Munafiqin Wa Ahkamihim)
The Book Giving Description of the Day of Judgement, Paradise and Hell (Kitab Sifat Al-Qiyamah wa'l Janna wa'n-Nar)
The Book Pertaining to Paradise, Its Description, Its Bounties and Its Intimates (Kitab Al-Jannat wa Sifat Na'imiha wa Ahliha)
The Book Pertaining to the Turmoil and Portents of the Last Hour (Kitab Al-Fitan wa Ashrat As-Sa`ah)
The Book Pertaining to Piety and Softening of Hearts (Kitab Al-Zuhd wa Al-Raqa'iq)
The Book of Commentary (Kitab Al-Tafsir)
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