If one of them says: "When I am manumitted and then die, a third of my wealth is a bequest for such-and-such person," and he is manumitted and dies, his will is valid. This is the view of Abu Yusuf, Muhammad, and Abu Thawr. I know of no disagreement from anyone else.

Section: The will of a Muslim to a dhimmi (protected non-Muslim), of a dhimmi to a Muslim, and of a dhimmi to another dhimmi is valid. The permissibility of a Muslim's will to a dhimmi has been narrated from Shurayh, al-Sha'bi, al-Thawri, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). We know of no disagreement from anyone else regarding them. Muhammad ibn al-Hanafiyyah, 'Ata', and Qatadah said regarding the saying of the Almighty: {Unless you do some good to your allies} [Surah al-Ahzab: 6] that it refers to a Muslim's will to a Jew or a Christian. Sa'id said: Sufyan informed us, from Ayyub, from 'Ikrimah, that Safiyyah bint Huyayy sold her apartment to Mu'awiyah for one hundred thousand, and she had a Jewish brother. She offered him to accept Islam so that he might inherit, but he refused, so she bequeathed a third of the one hundred thousand to him. Furthermore, because a gift to him is valid, a will to him is also valid, just as in the case of a Muslim. And if a Muslim's will to a dhimmi is valid, then a dhimmi's will to a Muslim or a dhimmi to a dhimmi is even more appropriate. It is not valid except under the conditions that a Muslim's will to a Muslim is valid. If he bequeaths to his heir or to a stranger more than his third, it is contingent upon the permission of the heirs, exactly like that of a Muslim.

Section: A will to a harbi (enemy combatant) in the land of war is valid. Ahmad stipulated this, and it is the position of Malik and most of the companions of al-Shafi'i. Some said: It is not valid, and this is the opinion of Abu Hanifa, because God Almighty said: {God does not forbid you from those who do not fight you in religion and do not expel you from your homes from being righteous toward them and acting justly toward them} up to His saying: {God only forbids you from those who fought you in religion} [Surah al-Mumtahanah: 8-9]. This indicates that it is not permissible to be righteous toward those who fight us. We argue...