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.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position.
- 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