The one-third bequest: what you can leave, and to whom

Where the one-third comes from

When Saʿd ibn Abi Waqqas, who was ill, asked to give away most of his wealth, the Prophet Muhammad ﷺ said: “A third, and a third is a lot. It is better to leave your heirs rich than to leave them in need, asking people” (al-Bukhari and Muslim). So the one-third is a limit, and a reminder that the heirs' shares matter too.

Who can receive it

• Charities and causes: a masjid, a school, a water well, a Qur'an program.
• Relatives who do not inherit: grandchildren whose parent has died, nieces and nephews, step-children, in-laws.
• Friends, caregivers, or anyone you wish to thank.
• Non-Muslim relatives, who do not inherit as heirs.

Leaving part of the third to an heir

Sunni: a bequest to someone who is already an heir is not valid unless the other heirs agree after your death.

Shia: you may leave part of your third to an heir — for example extra for a child with a disability, or a wife who would otherwise receive little.

More than one-third

In both schools, anything beyond one-third goes through only if the heirs agree. Gifts you make while healthy are different from a will. In the Sunni schools, large gifts made during a final illness are treated like a bequest (limited to one-third); Shia maraji differ on this — ask your marjaʿ.

Ideas for sadaqa jariya

“When a person dies, their deeds end except for three: ongoing charity, knowledge that benefits, or a righteous child who prays for them” (Muslim). Many families choose a water well, sponsoring an orphan, a copy of the Qur'an for a masjid, or a scholarship. Write the cause clearly and name someone to carry it out.