A man who bequeaths his third to non-relatives: those who allowed it

Muhammad (bin Sirin) reports that Ubaydullah bin Abdullah bin Ma'mar said concerning bequests: Whoever named a person when making his bequest, we will have the wealth given to the person he named in the bequest; and whoever made his bequest by saying that it should be spent where Allah has commanded, we will have the wealth given to his relatives.

Mu'tamir reports from his father, from al-Hasan, concerning a man who makes a bequest for distant relatives and leaves out his near relatives, that he said: The wealth of his bequest is to be divided into three parts: two-thirds for the near relatives and one-third for the distant relatives.

As for Muhammad bin Ka'b, he said: It is only wealth that Allah has given him; he may place it wherever he likes.

Humayd reports this saying of Muhammad bin Sirin: Spend the wealth of the bequest in the very place where the testator commanded it to be spent.

It is narrated from Hammam that Qatadah was asked about a man who makes a bequest for people who are not related to him. He said: Salim, Sulayman bin Yasar and Ata used to say: That wealth will be given to the one for whom he bequeathed it.

Ibn Jurayj reports from Ata; he said: I asked Ata: A man made a bequest for the mujahidin and the poor, but among his relatives there are many needy people. He said: His bequest will be carried out where he made it.

Ibn Jurayj reports that Ibn Abi Mulaykah said: The testator has given those responsible for the will this command; if they go against this command, it will still take effect, but this act of theirs will be evil.

And Ata used to say: Relatives are more entitled to it.

Jabir reports from Amir that he said: A man has authority over his one-third of the wealth; if he wishes, he may throw it into the sea.