Is making a bequest recommended for a poor person who has needy heirs?
General Chapter
Al-Mughni
Book of Bequests
Primary text
It is not recommended for a poor person who has needy heirs to make a bequest. This ruling is based on the condition stipulated in the Quran (البقرة: 180), which is 'if he leaves behind good' (khayran). The Prophet, peace be upon him, informed Sa'd: "That you leave your heirs wealthy is better than leaving them destitute, begging from people." He also commanded: "Begin with yourself, then with those you support." Ali, may Allah be pleased with him, advised a man intending to make a bequest that since he was only leaving a small amount, he should leave it to his heirs instead of making a bequest.
Supporting text
The preferred opinion is that a bequest is not recommended whenever the estate left does not suffice to make the heirs wealthy. This is because the Prophet, peace be upon him, cited the reason for prohibiting bequest as leaving heirs wealthy being superior to leaving them begging. Giving to a needy relative is better than giving to a non-relative; thus, if the inheritance does not secure their well-being, leaving it to them is better than bequeathing it to others. Therefore, the ruling varies based on the number of heirs, their wealth, and their need, and is not restricted to a specific fixed amount of wealth.