1. AI-Wasâya (The wills and testaments).
2. Giving in charity at the time of death.
3. Are children and women included under the term of relatives (concerning wills)?
4. The Statement of Allah : “Try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them.” (V.4:6)
5. The Statement of Allah:- “Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!” (V.4:10)
6. The salary of the administrator of an endowment.
7. If somebody keeps a piece of land or a well as an endowment or stipulates that he should benefit by its water as the other Muslims.
8. The Statement of Allah:- “0 you who believe! When death approaches any of you,
and you make a bequest, then take the testimony of two just men of your own folk or two others from
outside …. (up to) …. Allah guides not the people who are A1-Fâsiqân (the disobedient and rebellious).”
(V.5:106-108)

CHAPTER 1. AI-Wasâya (The wills and testaments).

4:1 Narrated by Abdullah bin Umar

Allah’s Apostle said, “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.”

4:2 Narrated by Amr bin Al-Harith

(The brother of the wife of Allah’s Apostle. Juwaira bint Al-Harith) When Allah’s Apostle died, he did not leave any Dirham or Dinar (i.e. money), a slave or a slave woman or anything else except his white mule, his arms and a piece of land which he had given in charity.

4:3 Narrated by Talha bin Musarrif

I asked ‘Abdullah bin Abu Aufa “Did the Prophet make a will?” He replied, “No,” I asked him, “How is it then that the making of a will has been enjoined on people, (or that they are ordered to make a will)?” He replied, “The Prophet bequeathed Allah’s Book (i.e. Quran).”

CHAPTER 2. Giving in charity at the time of death.

4:11 Narrated by Abu Huraira

A man asked the Prophet, “O Allah’s Apostle! What kind of charity is the best?” He replied. “To give in charity when you are healthy and greedy hoping to be wealthy and afraid of becoming poor. Don’t delay giving in charity till the time when you are on the death bed when you say, ‘Give so much to so-and-so and so much to so-and so,’ and at that time the property is not yours but it belongs to so-and-so (i.e. your inheritors).”

CHAPTER 3. Are children and women included under the term of relatives (concerning wills)?

4:16 Narrated by Abu Huraira

When Allah revealed the Verse: “Warn your nearest kinsmen,” Allah’s Apostle got up and said, “O people of Quraish (or said similar words)! Buy (i.e. save) yourselves (from the Hellfire) as I cannot save you from Allah’s Punishment; O Bani Abd Manaf! I cannot save you from Allah’s Punishment, O Safiya, the Aunt of Allah’s Apostle! I cannot save you from Allah’s Punishment; O Fatima bint Muhammad! Ask me anything from my wealth, but I cannot save you from Allah’s Punishment.”

CHAPTER 4. The Statement of Allah : “Try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them.” (V.4:6)

4:26 Narrated by Az-Zuhri

Urwa bin Az-Zubair said that he asked ‘Aisha about the meaning of the Quranic Verse:– “And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice.” (4.2-3) Aisha said, “It is about a female orphan under the guardianship of her guardian who is inclined towards her because of her beauty and wealth, and likes to marry her with a Mahr less than what is given to women of her standard. So they (i.e. guardians) were forbidden to marry the orphans unless they paid them a full appropriate Mahr (otherwise) they were ordered to marry other women instead of them. Later on the people asked Allah’s Apostle about it. So Allah revealed the following Verse:– “They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them…” (4.127) and in this Verse Allah indicated that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.

CHAPTER 5. The Statement of Allah:- “Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!” (V.4:10)

4:28 Narrated by Abu Huraira

The Prophet said, “Avoid the seven great destructive sins.” The people enquire, “O Allah’s Apostle! What are they? “He said, “To join others in worship along with Allah, to practice sorcery, to kill the life which Allah has forbidden except for a just cause, (according to Islamic law), to eat up Riba (usury), to eat up an orphan’s wealth, to give back to the enemy and fleeing from the battlefield at the time of fighting, and to accuse, chaste women, who never even think of anything touching chastity and are good believers.

CHAPTER 6. The salary of the administrator of an endowment.

4:37 Narrated by Abu Huraira

Allah’s Apostle said, “My heirs will not inherit a Dinar or a Dirham (i.e. money), for whatever I leave (excluding the adequate support of my wives and the wages of my employees) is given in charity.”

CHAPTER 7. If somebody keeps a piece of land or a well as an endowment or stipulates that he should benefit by its water as the other Muslims.

Narrated Uthmân When he was encircled (by the rebels) he said, “I ask you by Allah, and I ask nobody but the companions of the Prophet Don’t you know that Allah’s Messenger said, ‘Whoever will (buy and) dig the well of Rüma will be granted Paradise, and I (bought and) dug it? Don’t you know that he said, ‘Whoever equips the army of ‘Usra (i.e. Tabük’s Ghazwa) will be granted Paradise,’ and I equipped it?” They attested whatever he said. [4: Chap. 34-O.B]

CHAPTER 8. The Statement of Allah:- “0 you who believe! When death approaches any of you,
and you make a bequest, then take the testimony of two just men of your own folk or two others from
outside …. (up to) …. Allah guides not the people who are A1-Fâsiqân (the disobedient and rebellious).”
(V.5:106-108)

Narrated Ibn ‘Abbâs, “A man from the tribe of BanI Sahm went out in the company of Tamim
Ad-Dan and ‘Adi bin Baddâ The man of BanI Sahm died in a land where there was no Muslim. When Tamim and ‘AdI returned with the property of the deceased, they claimed that they had lost a silver bowl with golden engraving. Allah’s Messenger made them take an oath (to confirm their claim), and then the bowl was found in Makka with some people who claimed that they had bought it from Tamim and ‘AdI. Then two witnesses from the relatives of the deceased got up and swore that their witnesses were more valid than witnesses of ‘AdI and Tamim, and that the bowl belonged to their deceased fellow. So this Verse was revealed in connection with this case: ‘0 you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two just men of your own folk…” (V.5:106).