Sunan ad-Darimi

Mansur narrated from Ibrahim (may Allah have mercy on him): If a man makes a bequest (of more than one-third) and his heirs are present and acknowledge it, what is the ruling? Ibrahim (may Allah have mercy on him) said: (Such a bequest) is not permissible. Imam Darimi (may Allah have mercy on him) said: This means that if they later dislike it, then such a bequest will not be executed.

Shu’bah said: I asked Hakam and Hammad about the heirs (inheritors), that they permit the will (bequest) and when the person dies, they do not accept the will? Both said: (This) is not permissible.

It is narrated from ‘Amir (Sha‘bi), may Allah have mercy on him, (Qadi) Shurayh said: If a man makes a bequest of more than one third, if his heirs permit it, then we will also permit it, and if the heirs say that we have permitted it, even then, after the burial, they have the choice (i.e., if they wish, they may uphold it, and if they wish, they may reject it).

It is narrated from Qasim: A man asked his heirs if he could make a bequest of more than one-third; the heirs permitted him. Then, after his death, they withdrew their permission. Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) was asked about this, and he said: This is not permissible by compulsion. (That is, it is not permissible to compel in a bequest of more than one-third.)

It is narrated from Hisham that Hasan (may Allah have mercy on him) said about a man who makes a bequest of more than one third and the heirs are pleased with it, he said: This is permissible. Imam Darimi Abu Muhammad (may Allah have mercy on him) said: It is permissible, but only during his lifetime (not after his death).