" It was then that one-third became permissible."
The Book of Wills - Sahih Muslim 1628 e
"It was then that one-third became permissible."
Context and Background
This narration refers to the incident when Sa'd ibn Abi Waqqas (may Allah be pleased with him) fell ill during the Farewell Pilgrimage and the Prophet (peace be upon him) visited him. Sa'd, having substantial wealth and only one daughter, wished to bequeath all his property in charity. The Prophet initially disapproved, then permitted one-third.
Legal Ruling and Wisdom
The one-third limit in wills represents the maximum permissible bequest, ensuring the rights of legal heirs are preserved. This ruling balances the desire for voluntary charity with the established shares of inheritance ordained in the Quran. Bequeathing more than one-third requires consent from the heirs after the testator's death.
Scholarly Commentary
Imam An-Nawawi explains this demonstrates the prohibition of bequeathing more than one-third to non-heirs. The wisdom lies in protecting heirs from impoverishment while allowing charity. Ibn Hajar notes this ruling applies when there are legal heirs; if none exist, the entire estate may be willed. The prohibition was initially absolute, then relaxed to one-third as a mercy.