45. THE LAW OF INHERITANCE WHICH CHANGED THE LAW OF BEQUEATHING
Before the law of inheritance was bestowed, bequeathing had been made obligatory.
(Quran 2:180 and 2:240)
Then after the law describing how much property should be assigned to the kindred has been revealed (4:1-12, 4:176) the obligation of bequeathing has been withdrawn, but there is provision that a person could bequeath his properties if he wants
We know this from the Quranic verses 4:11—12, wherein it has been said “bequeathing should be carried out before partition was made. "
Bequeathing should not exceed one third of the property. For example, if a person has as three lakhs then he is eligible to bequeath only one Lakh.
Even if a person bequeaths the whole property only 1|3 if its total value will be approved as bequeathed. The rest (i. e-2/3) will be partitioned, as per Islamic partition laws.
Prophet Muhammad (pbuh) had said “Bequeath only up to 1/3. That itself is too much when Sa’ad (RA) asked him thus: “Can I bequeath my whole property for charity?”
(Bukhari 3936, 4409, 5668, 6373, Muslim)
Hence those who may bequeath for the kith and kin and for public purpose can make such a bequeathing known as ‘Vasiyyat’ not exceeding 33 percent. (Refer Quran 2:180, 2: 240, 4:11—12, 5:106)
45. THE LAW OF INHERITANCE WHICH CHANGED THE LAW OF BEQUEATHING
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