And the excess is dependent upon the permission of the heirs. We know of no disagreement regarding this among those who hold that an endowment is binding. This is because the right of the heirs attaches to the property upon the onset of the illness, thus preventing voluntary disposal in excess of one-third, just as with gifts and manumission. As for when he says: "It is an endowment after my death," the apparent meaning of the words of al-Khiraqi is that it is valid and is considered from the third, like other bequests. This is also the apparent view in the words of Imam Ahmad. Al-Qadi said: "This is not valid, because it is a suspension of an endowment upon a condition, and suspending an endowment upon a condition is not permissible, based on the evidence of what would happen if he suspended it upon a condition during his lifetime." He interpreted the words of al-Khiraqi as if he had said: "Endow it after my death," so it would be a bequest of an endowment, not an immediate endowment. Abu al-Khattab said: "This statement of al-Khiraqi indicates the permissibility of suspending an endowment upon a condition." Our evidence for the validity of an endowment suspended until death is what Imam Ahmad, may Allah be pleased with him, used as proof, which is that Umar made a bequest, and it was in his bequest: "This is what Abdullah Umar, the Commander of the Faithful, has bequeathed, if an event happens to him, that Thamgh is a charity." He mentioned the rest of the report, and we have mentioned it elsewhere (1). Abu Dawud narrated it similarly to this, and this is an explicit text regarding our issue. This endowment of his was by the command of the Prophet, peace and blessings be upon him, and because it became well-known among the Companions and was not denied, it constituted a consensus. Furthermore, this is a voluntary act suspended until death, so it is valid like an absolute gift or charity. Or we say: it is a charity suspended until death, so it resembles other than an endowment. This differs from suspension upon a condition during life, based on the evidence of absolute gifts, charities, and others; this is because this is a bequest, and a bequest is broader than disposal during life, based on the evidence of its validity for the unknown, the non-existent, the unknown object, for a fetus, and other than that. By this, the corruption of the analogy of those who analogized the rest of the conditions upon this condition becomes clear.

Section: It is not permissible to suspend the initiation of an endowment upon a condition during life, such as if he says: "If the month begins, my house is an endowment," or "my horse is a restricted property (2)," or "if a child is born to me," or "if my..." (3)