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al.Arabaanee
09-30-2002 @ 12:00 AM    Notify Admin about this post
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As Salamu alaikum wa Rahmatullahi wa Barakaatuh

I need to write a will.  Does anyone know where I can get a clearly Salafi will which would be valid even under the Kaafir law?

Please assist me.

Shukran

Jazaakumullahu 'annaa khairan wa bashsharakumullahu khairan wa baarakafeekum

Abu Abdillah Aburahman Al-Hammaam Al-Arabaanee

Moosaa
09-30-2002 @ 12:00 AM    Notify Admin about this post
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as for the wasiyyah mentioned in the hadeeth of ibn umar, then if this is not the meaning of that.  The wasiyyah is a bequest, your written statement that someone is to be given such-and-such (no more than 1/3 of your wealth) to someone.  If you want to do this, and it is optional and it is optional in the first place, then you write it down and keep it with you.  As for your wealth after you die, it is not distributed how you like, only the wasiyyah is.

Its like this

1 your debts are paid

2 then your wasiyyahs are distributed

3 then your wealth is distributed according to the laws of inheritance, that which you have no say over.

All of this stuff seems to have been written by someone very ignorant, so I would advise that it be removed or at least ignored.  

1) The person says "I bequeath in sadaqa the following..."  WHAT!?  We can not give sadaqah after we die!  Allaahu akbar.  "Upon his death, the son of Aadam's deeds are cut off except 3..."  Since he limited this to only one-third of one's wealth, I would assume he meant wasiyyah, not sadaqah.  They are two very different things.

2) "It is not permissible for any Muslim who has something to will to stay for two nights without having his will and testament written and kept ready with him." (Sahih Al-Bukhari).

Pursuant to the Prophet's order for Muslims to have their wills written, I hereby request and certify the following while being in full mental and good health."

'Ajeeb!  As if this is what we have been ordered with!  If someone says that this mess is an accordance with the hadeeth, and actually it is what is sought from us in the hadeeth, then they have introduced into the Deen that which is not from it!

3) "I declare that I have forgiven everyone who has backbitten me and request all those who knew me to do the same for whatever I may have erroneously taken from them or said against them."

Ikhwaanee, now is the time for forgiveness, now is the time to seek the people's forgiveness if we have wronged them.  Forgiving people is a great act in Islaam!  Mending ties is a great act in Islaam.  Perhaps the one who writes a "wasiyyah" like this will not forgive the people in his lifetime, nor will he repent for his own oppression, thinking that this "wasiyyah" is the cure-all for him!  He may think everything will be taken care of after he dies!

And generally this kind of declaration written in one's advice to his family is somethign a person may do, but this specific declaration...?

4) "This is my last will and testament, and so I am now free before Allah (Subhanahu wa Ta'ala) from any words or deeds that distort and contradict the guidance of Allah's Messenger (sallallaahu 'alaihi wa sallam),"

'Ajeeb!!!  So if an innovator signs this, he can simply declare himself free of his lifetime of corruption and innovation???  He can just declare himself free before Allaah like that!!!  Maa shaa' ALlaah.  In actuality ikhwaan we are not free before Allaah from any words or deeds that we have done!  We will be accountable for everything we have said and done.  We should be asking Allaah to forgive us now while we are alive and be serious about it, and not write that we are "free before ALlaah"!!! Did Allaah inform him that he is free from his statements and actions!?

5) "Then whoever alters it [i.e. the bequest] after he has heard it - the sin is only upon those who alter it. (Surah al-Baqarah 2:181)."

As if to seal this document from being tampered with!  Allaahu akbar!

As a point of advice, the part about writing down your debts in one list, along with any trusts you have, as well as people who owe you something, then this is all beneficial, but it is not at all related to the hadeeth about the wasiyyah.

Since the laws are different from state to state (in the US), and it is the state that looks after the distribution of the deceased's wealth in the US (as for the UK, then I'm sure they have their own system too), then if a person is concerned about his estate, and wants to be sure that it is distributed islaamically, and that the kuffaar will not interfere with that, then he has to consult a lawyer who knows about the laws of his state.  He also has to appoint a Muslim who knows the laws of inheritance distribute it, since the number of family members he has may change between now and the time he dies, this will change the way the wealth is ditributed.  He has to draw up a document that will really hold up in court, not just grab something off the internet.

I'm sorry that I couldn't be of further assistance.

Moosaa

********************
سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك

al.Arabaanee
09-30-2002 @ 12:00 AM    Notify Admin about this post
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Jazaakumullahu khairaa!

Sorry this second reply was an error.

Abu Abdillah Aburahman Al-Hammaam Al-Arabaanee

This message was edited by al.Arabaanee on 9-30-02 @ 10:43 PM

al.Arabaanee
09-30-2002 @ 12:00 AM    Notify Admin about this post
Member
Posts: 153
Joined: Sep 2002
          
Jazaakumullahu khairaa!

Abu Abdillah Aburahman Al-Hammaam Al-Arabaanee






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