CHAPTER: HE WHO HAS NOT ANYTHING WITH HIM TO WILL AWAY SHOULD NOT DO IT
Talha b. Musarrif reported: I asked 'Abdullah b. Abu Aufa whether Allaah's Messenger (sallAllaahu alayhi wa sallam) had made any will (in regard to his property). He said: NO. I said: Then why has making of will been made necessary for the Muslims, or why were they commanded to make will? Thereupon he said: He made the will according to the Book of Allaah, the Exalted and Majestic.
This hadith has been narrated on the authority of Malik b. Mighwal with the same chain of transmitters but with a slight variation of words. In the hadith related by Waki (the words are)" I said: How the people have been ordered about the will" ; and in the hadith of Ibn Numair (the words are):" How the will has been prescribed for the Muslims, '.
A'isha reported: Allaah's Messenger (sallAllaahu alayhi wa sallam) left neither dinar nor dirham (wealth in the form of cash), nor goats (and sheep), nor camels. And he made no will about anything (in regard to his material possessions, as he had none),
This hadith has been narrated on the authority of A'mash with the same chain of transmitters.
Aswad b. Yazid reported: It was mentioned before A'isha that will had been made (by the Prophet) in favour of 'Ali (as the Prophet's first caliph), whereupon she said: When did he make will in his favour? I had been providing support to him (to the Prophet) with my chest (or with my lap). He asked for a tray, when he fell in my lap (relaxing his body), and I did not realise that he had breathed his last. When did he make any will in his ('Ali's) favour?
Sa'id b. Jubair reported that Ibn 'Abbas said: Thursday, (and then said): What is this Thursday? He then wept so much that his tears moistened the pebbles. I said: Ibn 'Abbas, what is (significant) about Thursday? He (Ibn 'Abbas) said: The illness of Allaah's Messenger (sallAllaahu alayhi wa sallam) took a serious turn (on this day), and he said: Come to me, so that I should write for you a document that you may not go astray after me. They (the Companions around him) disputed, and it is not meet to dispute in the presence of the Prophet. They said: How is lie (Allaah's Prophet)? Has he lost his consciousness? Try to learn from him (this point). He (the Prophet) said: Leave me. I am better in the state (than the one in which you are engaged). I make a will about three things: Turn out the polytheists from the territory of Arabia; show hospitality to the (foreign) delegations as I used to show them hospitality. He (the narrator) said: He (Ibn Abbas) kept silent on the third point, or he (the narrator) said: But I forgot that.
Sa'id b. Jubair reported from Ibn Abbas that he said: Thursday, and what about Thursday? Then tears began to flow until I saw them on his cheeks as it they were the strings of pearls. He (the narrator) said that Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Bring me a shoulder blade and ink-pot (or tablet and inkpot), so that I write for you a document (by following which) you would never go astray. They said: Allaah's Messenger (may peace upon him) is in the state of unconsciousness.
Ibn Abbas reported: When Allaah's Messenger (sallAllaahu alayhi wa sallam) was about to leave this world, there were persons (around him) in his house, 'Umar b. al-Kbattab being one of them. Allaah's Prophet (sallAllaahu alayhi wa sallam) said: Come, I may write for you a document; you would not go astray after that. Thereupon Umar said: Verily Allaah's Messenger (sallAllaahu alayhi wa sallam) is deeply afflicted with pain. You have the Qur'an with you. The Book of Allaah is sufficient for us. Those who were present in the house differed. Some of them said: Bring him (the writing material) so that Allaah's Messenger (sallAllaahu alayhi wa sallam) may write a document for you and you would never go astray after him And some among them said what 'Umar had (already) said. When they indulged in nonsense and began to dispute in the presence of Allaah's Messenger (sallAllaahu alayhi wa sallam), he said: Get up (and go away) 'Ubaidullah said: Ibn Abbas used to say: There was a heavy loss, indeed a heavy loss, that, due to their dispute and noise. Allaah's Messenger (sallAllaahu alayhi wa sallam) could not write (or dictate) the document for them.