A man seeking his heirs' permission to bequeath more than one third

Ibrahim said: When a man makes a bequest for an heir and his heirs give their permission before he dies, and then after his death they withdraw from their decision, they have the option to do so. And if a bequest of more than one-third of the wealth was made for a non-heir, it is likewise. And if someone made a bequest for a non-heir of up to one-third, it takes effect.

Shurayh said: When a man asks his heirs' permission regarding a bequest and bequeaths more than one-third of his wealth, and they express their consent, then after the man's death those heirs acquire anew the choice whether or not to carry out that bequest.

Salih bin Muslim said: I asked al-Sha'bi about such a bequest, and he said: They will have the choice anew.

Ibn Tawus narrates from his father: Such heirs may withdraw from their decision if they wish.

Yunus narrates from al-Hasan (may Allah have mercy on him) that he was asked about a man who, with the consent of the heirs, bequeathed more than one-third of his wealth, and when he died the heirs refused to pay out more than one-third. He said: It is binding upon them.

Ibn Jurayj said: Ata used to say: This bequest is valid; the heirs have given their permission.

Shu'bah narrates from Hammad that he said, concerning a man who bequeaths more than one-third of his wealth, and the heirs permit it and later withdraw: They have no right to withdraw in this way.

Al-Hakam said: If they wish, they may withdraw from it.

Al-Hakam said: When a man bequeaths more than one-third of his wealth and asks his son's permission for it during his lifetime, and the son gives him permission, even then, after the man's death his son will have the choice: if he wishes, he may carry out this bequest, and if he wishes, he may reject it.

Al-Qasim bin Abd al-Rahman said: A man, during his final illness, asked his heirs' permission to bequeath more than one-third of his wealth, and they gave him permission. But when the man died, they refused. Sayyiduna Ibn Mas'ud (may Allah be pleased with him) was asked about this, and he said: They have the choice in this, and compelling them to do otherwise is not permissible.

Waki' narrated to us; he said: Sufyan narrated to us from Mansur, from Ibrahim, from Dawud bin Abi Hind, from Amir.

Khalid narrates from Ibn Sirin that Shurayh said: When a man, during his illness, bequeaths more than one-third of his wealth to a non-heir or to an heir, and the heirs give permission, and then he dies, they have the right to withdraw.

Abd al-Rahman narrates from Sayyiduna Abdullah (may Allah be pleased with him) that he said, concerning a man who bequeaths more than one-third of his wealth, and the heir permits it to be carried out but does not carry it out after his death: Compelling him in this is not permissible.