Is making a will (wasiyya) obligatory?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

Making a will is obligatory only upon one who has debts, holds a trust (wadi'ah), or has an obligation from which he must make provision for its fulfillment, because Allah obligated the fulfillment of trusts, and the way to do so in this matter is through a will. As for willing a portion of one's wealth generally, it is not obligatory upon anyone, according to the opinion of the majority of scholars. This view is held by Al-Sha'bi, Al-Nakha'i, Al-Thawri, Malik, Al-Shafi'i, the Ashab al-Ra'y, and others. Ibn Abd al-Barr stated that there is a consensus that the will is not obligatory except for one who has undisputed rights or a trust without witnesses. The evidence for the non-obligation of a general will is derived from the practice that most Companions of the Messenger of Allah did not convey a will, and no disapproval regarding this omission was reported. Furthermore, the will is a gift which is not obligatory during life, so it is not obligatory after death, similar to gifts given to strangers.

Supporting text

A dissenting view states that the will is obligatory, citing Quranic verses and the narration of Ibn 'Umar. Some scholars, including Dawood, hold that it is obligatory for near relatives who do not inherit. They argue that the initial ruling regarding wills for parents and inheriting relatives was abrogated, leaving the obligation only for non-inheriting relatives. Al-Zuhri narrated that Allah made the will a right, whether small or large. Abu Bakr 'Abd al-'Aziz stated it is obligatory for non-inheriting relatives.