Sūrah Al-Wāqiʿah The Inevitable

الواقعة

Al-Qurṭubī derives from this surah's eschatological categories the fiqh ruling on wasiyyah (bequest) its one-third maximum, conditions, and the prohibition of bequeathing to heirs.

DetailInformationClassificationSignificance

SurahAl-WāqiʿahMeccanThe three categories of people at resurrection

Key Fiqh IssueWasiyyah (bequest) one-third maximum, conditions, valid recipientsSunnah (making) / Wājib if obligations existGoverns how Muslims distribute wealth at death

School ComparisonAll four schools: one-third maximum for non-heirs; wasiyyah to heirs requires all heirs' consent; Ḥanafī and Mālikī allow wasiyyah to dhimmī non-Muslim relativesSunnah / WājibOne-third cap is the defining legal limit

Uṣūl PrincipleḤadd al-waṣiyyah the one-third limit as a legal cap derived from SunnahLegal maximumProtects heirs' legally mandated shares

Al-Qurṭubī derives from the surah's meditation on the moment of death "when the soul reaches the throat" (verse 83-84) the urgency of making wasiyyah while one still has legal capacity. The one-third maximum comes from prophetic Sunnah (the Saʿd ibn Abī Waqqāṣ ḥadīth): one cannot bequeath more than one-third of one's estate to non-heirs. The estate's remaining two-thirds passes to heirs by farāʾiḍ (Qurʾānic inheritance law) regardless of the deceased's wishes.

The key prohibition: wasiyyah cannot be made to legal heirs (those who inherit by farāʾiḍ) without unanimous consent of all other heirs. This prevents double-gifting to heirs who already receive their Qurʾānic share. Al-Qurṭubī notes the Ḥanafī and Mālikī permission of wasiyyah to dhimmī non-Muslim relatives (those excluded from Islamic inheritance) kinship creates a right even across religious lines for the bequest. He applies the ḥadd al-waṣiyyah principle: one-third is a legal cap, not a floor giving less is often recommended, especially when heirs are needy.

فَلَوْلَا إِذَا بَلَغَتِ الْحُلْقُومَ وَأَنتُمْ حِينَئِذٍ تَنظُرُونَ Fa-lawlā idhā balaghat il-ḥulqūma wa-antum ḥīnaʾidhin tanẓurūn Meaning: "Why, when the soul reaches the throat while you are at that moment looking on..." Al-Qurṭubī: the imminent death scenario grounds the legal obligation of wasiyyah those with debts, trusts, or obligations must execute a will before this moment; a wasiyyah delayed until the throat moment may still be valid but is blameworthy if circumstances allowed earlier preparation.

نَحْنُ قَدَّرْنَا بَيْنَكُمُ الْمَوْتَ Naḥnu qaddarnā baynakumu l-mawt Meaning: "We have decreed death among you" Al-Qurṭubī: death's certainty and unpredictability makes advance preparation (wasiyyah) a religious-legal obligation; the person who has financial obligations and dies without a wasiyyah has failed a duty to their debtors and trustees.

Wasiyyah maximum is one-third of the net estate bequeathing more than one-third to non-heirs is invalid without all heirs' consent by unanimous four-school consensus.
Wasiyyah to legal heirs (those receiving farāʾiḍ shares) is invalid without all other heirs' consent prevents double-distribution.
Wasiyyah to non-Muslim dhimmī relatives is permitted by Ḥanafī and Mālikī schools; the bequest reaches those excluded from Islamic inheritance law.
Making wasiyyah when one has debts, trusts, or unfulfilled obligations is wājib the obligation exists to protect the rights of creditors and trustees.
Giving less than one-third is often recommended when heirs are needy the prophetic recommendation is to leave heirs wealthy rather than dependent.

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