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The one-third cap on a bequest

All four Sunni schools cap a bequest at one third of the net estate, after debts and funeral expenses.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Where the four schools stand

Researched — the four schools agree

Agreed. A Muslim may direct up to one third of the net estate by wasiyyah — after debts and funeral expenses are met — and no more. The four schools do not differ on the ceiling itself, and they also agree that the limit exists to protect the fixed heirs rather than to restrict generosity.

Shared evidence: Sahih al-Bukhari 2742 · Sahih Muslim 1628a.

Not covered by this finding: the treatment where there are no fixed heirs at all — not yet researched school by school. Treat that as open and ask a scholar of your school.

Researched finding from our madhhab register — issue one-third-cap, reviewed 2026-08-16.

Full evidence and history: The one-third cap on a bequest — the issue page.

Questions that turn on this

Every answer below renders its madhhab position from this one entry, so the positions cannot drift apart between pages.

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.

Islamic primary sources
  1. Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
  2. Sahih Muslim, Book of Wills — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill