charitable object or to anyone excepting a legal heir. This is called waṣiyyah, and the making of a will is specially recommended. The Holy Qur’ān speaks of the making of a will as a duty incumbent upon a Muslim when he leaves sufficient property for his heirs: “It is prescribed for you, when death approaches one of you, if he leaves behind wealth for his parents and near relatives, to make a bequest in a kindly manner; it is incumbent upon the dutiful” (2:180). And the Holy Prophet is reported to have said: “It is not right for a Muslim, who has property to bequeath, that he should pass two nights without having a written will with him” (Bu. 55:1). But this duty, or right, is subject to certain limitations. In the first place, not more than one-third of the property can be disposed of by will (Bu. 55:2, 3); and secondly, no will can be made in favour of an heir (AD. 17:6; Ah. IV, p. 186). But, as expressly stated in the Holy Qur’ān, the making of a will is incumbent only on well-to-do people. This is also mentioned in Ḥadīth (D. 22:5). The reason for limiting the bequest to one-third is clearly stated in a ḥadīth: “That one should leave his heirs free from want is better than that they should be begging of other people” (Bu. 55:2). And the reason for excluding the heirs is that no injustice may be done to certain heirs at the expense of others. A waṣiyyat which is against these principles would be ineffective to that extent. It may be added that if a property in respect of which a bequest is made is encumbered with a debt, the debt is payable before the will is executed.2
An owner of property has also the right to dispose of his property by gift (hibah). The giving and accepting of gifts is recommended very strongly, and even the smallest gift is not to be despised (Bu. 51:1). A gift is allowed in favour of a son, but it is recommended that similar gifts should be made in favour of other sons (Bu. 51:12). The husband can make a gift to his wife, and the wife to her husband, or others than husband (Bu. 51:14, 15). Gifts from, and in favour of, non-Muslims are allowed (Bu. 51:28, 29). A gift may also be compensated (Bu. 51:11). The jurists allow a hibah bi-l-‘iwadz, or gift for a consideration, and also hibah bi-sharṭi-l-‘iwadz, or a gift made on the condition that the donee
2 See Chapter VIII for a complete discussion on Inheritance.