there is no heir whose right attaches to his wealth, so it is like the state of health, and because no right of an heir or a creditor has attached to his wealth, it is similar to the state of health or similar to the one-third.

Section: If he leaves behind a sharer who does not inherit the entire wealth, such as a daughter or a mother, he does not have the right to bequeath more than one-third, because Sa'd said to the Prophet, peace and blessings of Allah be upon him, "Only my daughter inherits from me," and the Prophet, peace and blessings of Allah be upon him, forbade him from exceeding one-third. And because she is entitled to the entire wealth through the fixed share and the return (radd), she is like the 'asaba (agnatic heir). If there is a husband, or for a man a wife, then it is the same; because the bequest diminishes his right, since he is only entitled to his share after the bequest, according to the saying of the Almighty: "after any bequest he may have made or debt." As for the distant kin (dhawu al-arham), the apparent meaning of the words of al-Khiraqi is that they do not prevent a bequest of the entire wealth, because he said: "And he has no 'asaba and no mawla." This is because the inheritance of the distant kin is like the surplus and a gift, and therefore nothing is diverted to them except in the absence of the return (radd) and the mawla, and their maintenance is not obligatory. It is possible that his bequest for more than one-third would not be effective, because he has an heir, so it falls under the meaning of his saying, peace be upon him: "That you leave your heirs wealthy is better than that you leave them destitute, begging from people." And because they are heirs who are entitled to his wealth after his death, and to his kindness during his lifetime, they are similar to the sharers and the 'asaba, and the precedence of others over them does not prevent their equality with them in our issue, just like the sharers who exclude one another and the 'asaba.