Wasiyyah: understanding the one-third rule

The ordinary limit

The ordinary bequest limit is one third, with excess depending on the relevant heirs’ valid consent under the applicable religious approach. This is a ceiling, not a required donation. Cases with no heirs and other exceptions need individual guidance.

Egypt’s Dar Al-Ifta: bequests and the one-third limit

A simple numerical example

Suppose the amount available for the calculation, after the relevant expenses and obligations have been settled, is $90,000. One third is $30,000. A $9,000 discretionary bequest uses 10% of that base, not 10% of each heir’s later share. This example explains the arithmetic only; it does not establish what belongs in your own estate calculation.

An heir is different from a bequest recipient

A commonly applied Sunni rule restricts additional bequests to people already entitled to inherit. Do not use a bequest to quietly increase an heir’s share. Identify whether a proposed recipient is also an heir and obtain qualified guidance about any consent or exception.

Jordan Iftaa Department: bequests and heirs

Why advice may differ

Scholarly and legal approaches are not identical. Dar Al-Ifta describes an Egyptian approach allowing certain bequests to heirs within one third. That does not establish a Canadian legal rule or mean you should mix approaches within one document. State the approach you intend and have any exception reviewed.

Egypt’s Dar Al-Ifta: an alternative approach to bequests to heirs

Specific gifts count too

When reviewing the total, consider cash, percentages and the value of specifically bequeathed property together. A named item can change in value, so a percentage total alone may not describe the whole plan. Identify the recipient clearly, preserve the valuation assumptions and ask how the instructions should work if the estate changes before death. Review the final wording with both legal and religious advisers as appropriate.