A Report on the issues of Hajj
By Sheikh Khalid Bin Abd Al Aziz Al Hueiseen
Compiled by: Abu Mujahed Al Maziani
Writing the Will includes several issues :
1. Scholars are consensus that it is a Sunnah and recommended.
2. Purpose of the will: Is to state your rights and liabilities, advice your people to fear Allah may He be Glorified in terms of establishing the obligations and avoiding erstrictions.
3. Scholars had a disparity of opinions regarding one who is indebted whether or not writing a will is a must?
Answer: There are two opinions, however based on the hadeeth narrated by Ibn Omar may Allah be pleased with him and reported by Bukhari:” One must not sleep for two nights unless his will is at his head side – in another narration written and placed at his head side” it becomes a must.
4. As long as the person is alive the will may be replaced, or the items may be either increased or decreased.
5. In case one decides to replace the will after writing it down, the first one must be cancelled to avoid confusion.
6. It is recommended to state the date in the will. A date serves as an evidence for the contents.
7. It is recommended to start the will with praising Allah and making peace and prayer upon His Messenger, household and companions. The contents must be put down briefly.
8. Q. In case one used an aduio form of a will such as tapes, is it a must to be approved by the ruler?
A. The ruler can approve it when he is certain other wise if he is suspicious about it he must not. The possibility of doubt comes as the person might be forced to do the recording.
9. In case two will versions were found, those in charge must compare the latest version against the evidences.
10. Q. Is it a must to include witnesses in the will?
A. It is recommended.
11. One who is stating the will must neither be unjust nor cross the legitimate limits.
12. The will is not to be enforced in case it included an item restricted by Shari`a or an unlawful issue.
13. A number of the predecessors, such as Abdullah Ibn Omar may Allah be pleased with them, never slept unless his will was under the pillow