The ceiling on what may be given away by bequest.
In Islamic law
A Muslim may bequeath up to one third of the net estate. Exceeding it requires the heirs' consent after death. The rule derives from the hadith of Sa'd ibn Abi Waqqas.
In Canadian law
Canadian law imposes no ceiling, so the one third is a religious limit the will adopts voluntarily.
No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
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This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- What is a pour over will ontario — Treadstone Law
- What happens if you die without a will ontario — Treadstone Law
- Does mental incapacity affect will validity ontario — Treadstone Law
- Applying estate trustee without will ontario — Treadstone Law
- Funeral wishes in will legally binding ontario — Treadstone Law
- Wills & estates practice — Treadstone Law