Musannaf Ibn Abi Shaybah

Ibrahim says that if a person makes a will in favor of an heir and before his death his heirs give their consent, then after his death if they change their decision, they have the right to do so. And if a will is made for a non-heir for more than one-third of the wealth, the same rule applies. And if a will is made for a non-heir for less than one-third, then it becomes effective.

Hazrat Shurayh states that when a person seeks permission from his heirs and makes a bequest of more than one-third of his wealth, and the heirs also express their consent, then after the death of that person, the heirs have the authority to either enforce or not enforce that bequest anew.

Salih bin Muslim narrates that I asked Sha'bi about such a will, so he said: They will be given the right to choose anew.

Ibn Tawus narrates from his father: Such heirs, if they wish, can retract their decision.

Yunus Hasan (may Allah have mercy on him) narrates that he was asked about a man who made a bequest of more than one-third of his wealth with the consent of his heirs, but when he died, the heirs refused to give more than one-third. He replied: This is permissible for them.

Ibn Jurayj states that Ata used to say that this matter is permissible for the heirs; the scholars have permitted it.

Shu’bah narrates from Hammad that regarding the person who makes a bequest of more than one-third, if the heirs permit it and then later retract, he said: They do not have the right to retract in this manner, and he ruled that if they wish, they can retract.

32761 - Al-Hakam said: If they wish, they may take it back.

Hazrat Hakam states that when a person makes a will for more than one-third of his wealth and, during his lifetime, seeks permission from his son and the son grants permission, even then, after the person's death, the son will have the authority—if he wishes, he may enforce the will, and if he wishes, he may reject it.

Qasim bin Abdur Rahman narrates that a man, during his terminal illness, sought permission from his heirs to bequeath more than one-third of his wealth. They granted him permission, but when the man died, they retracted their consent. Hazrat Ibn Mas'ud (may Allah be pleased with him) was asked about this matter, and he said: They have the right to do so, and it is not permissible to compel them against it.

Hazrat Shurayh says that if a person, during his terminal illness, makes a bequest of more than one-third of his wealth to a non-heir or an heir, and the heirs also permit it, then if that person dies, the heirs have the right to retract their permission.

32765 - From Khalid, from Ibn Sirin, from Shurayh who said: If a man bequeaths in his illness more than a third to a non-heir or to an heir, and the heirs give permission, then he dies, they have the right to retract.

Abdur Rahman narrates from Hazrat Abdullah that regarding the person who makes a will for more than one-third of his wealth, and the heir also permits its execution, but after his death does not execute it, he said: It is not permissible to compel him.