Humaid b. ‘Abd al-Rahman al-Himyari reported from three of the sons of Sa’d all of whom reported from their father that Allah’s Apostle (may Allah bless and greet him) visited Sa’d as he was ill in Makkah. He (Sa’d) wept. He (the Holy Messenger) said: What makes you weep? He said: I am afraid I may die in the land from where I migrated as Sa’d b. Khaula. Thereupon Allah’s Apostle said: O Allah, grant health to Sa’d. O Allah, grant health to Sad. He repeated it three times. He (Sa’d) said: Allah’s Messenger, I own a large property and I have only one daughter as my inheritor. Should I not will away the whole of my property? He (the Holy Messenger) said: No. He said: (Should I not will away) two-thirds of the property? He (the Holy Messenger) said: No. He (Sa’d) (again) said: (Should I not will away) half (of my property)? He said: No. He (Sa’d) said: Then one-third? Thereupon he (the Holy Messenger) said: (Yes), one-third, and one-third is quite substantial. And what you spend as charity from your property is Sadaqa and flour spending on your family is also Sadaqa, and what your wife eats from your property is also Sadaqa, and that you leave your heirs well off (or he said: prosperous) is better than to leave them (poor and) begging from people. He (the Holy Prophet) pointed this with his hands.
A bequest (wasiyya) or will is defined as a transfer to come into operation after the testator’s death. One is entitled to make a will for one-third of one’s property and not beyond that so that the rights of the legal heirs are not adversely affected. The law requires that such disposition should be for the benefit of non-heirs alone. A bequest in favour of an heir would amount to giving preference to some heirs over others. It is preferable not to will away the property if the legal heirs are poor, because it manifests benevolence to the heirs who have superior claim to it from the relations in which they stand.