The Prophet, may Allah bless him and grant him peace, justified the prohibition of [extensive] bequest by his statement: "That you leave your heirs wealthy is better than that you leave them destitute." Also, because giving to a needy relative is better than giving to a stranger. Thus, when the inheritance does not reach the point of their sufficiency, leaving it to them is equivalent to giving it to them, which is better than bequeathing it to others. Consequently, the situation varies according to the heirs in their number, fewness, wealth, and need; it is not restricted to a specific amount of wealth. And Allah knows best. Al-Sha'bi said: There is no wealth more rewarded than wealth a man leaves for his children, by which he makes them independent of people.
Section: It is preferred not to exhaust the [full] third in a bequest, even if the person is wealthy, due to the statement of the Prophet, may Allah bless him and grant him peace: "And the third is much." Ibn 'Abbas said: If people would reduce from the third, for the Prophet, may Allah bless him and grant him peace, said: "The third is much." Muttafaq 'alayhi (agreed upon) [19]. The Qadi and Abu al-Khattab said: If he is wealthy, it is recommended to bequeath the third. Our argument is that the Prophet, may Allah bless him and grant him peace, said to Sa'd: "And the third is much," despite his informing him of the abundance of his wealth and the fewness of his dependents, for he said in the hadith: "I have much wealth, and no one inherits from me except my daughter." Sa'id narrated [narrating from Khalid ibn 'Abd Allah, who narrated from 'Ata'] [20] ibn al-Sa'ib, from Abu 'Abd al-Rahman al-Sulami, from Sa'd ibn Malik, who said: I became ill with an illness, and the Messenger of Allah, may Allah bless him and grant him peace, visited me and said to me: "Have you made a bequest?" I said: Yes. I have bequeathed all my wealth for the poor and in the path of Allah. The Messenger of Allah, may Allah bless him and grant him peace, said to me: "Bequeath a tenth." I said: O Messenger of Allah, my wealth is vast, and my heirs are wealthy. The Messenger of Allah, may Allah bless him and grant him peace, kept reducing for me and I kept asking for more, until he said: "Bequeath the third, and the third is much." Abu 'Abd al-Rahman said: None of us would reach the third in his bequest without reducing something from it, due to the statement of the Prophet, may Allah bless him and grant him peace: "The third, and the third is much." Once this is established, the most excellent [bequest] for a wealthy person is a fifth. Something similar to this is narrated
(19) Narrated by Al-Bukhari, in: The Chapter on Bequeathing a Third..., from the Book of Bequests. Sahih al-Bukhari 4/3, 4. And Muslim, in: The Chapter on Bequeathing a Third, from the Book of Bequests. Sahih Muslim 3/1253. It was also narrated by Al-Nasa'i, in: The Chapter on Bequeathing a Third, from the Book of Bequests. Al-Mujtaba 6/204. And Ibn Majah, in: The Chapter on Bequeathing a Third, from the Book of Bequests. Sunan Ibn Majah 2/905. And Imam Ahmad, in: Al-Musnad 1/230, 233. (20) In M: "Sa'id ibn Khalid, narrated from 'Abd Allah, narrated from Ibn 'Ata".