maintenance is not a voluntary gift; rather, it is the fulfillment of an obligation, like zakah.

If, during his life-threatening illness, he acknowledges a debt owed to an heir, then the matter must be examined. If there are indications that establish his truthfulness, we act upon his acknowledgment. Otherwise, his acknowledgment is like his gift: it is neither valid nor accepted. For some people may not fear Allah: during a life-threatening illness, one of them may acknowledge something in favor of one of his heirs, saying, “I owe so-and-so such-and-such,” when this is not in fact the case. But if we know that this man has faith in Allah and fears Him, and there is another indication showing that he had been poor while the heir was wealthy, then we accept his acknowledgment. Otherwise, the basic presumption is that his acknowledgment is not accepted. Yet, if an indication establishes his truthfulness, it is acted upon, for we cannot deprive a creditor of his due and leave the deceased’s liability attached to it.

His statement, “nor more than one-third, unless the heirs approve it,” means: nor more than one-third for a non-heir. The maximum that may be given to a non-heir is one-third. If the heirs approve it, there is no objection. The heirs whose approval is recognized are those legally competent to make gifts, and their approval must be given after death, as will be mentioned.

His statement, “nor more than one-third, unless the heirs approve it,” means: more than one-third given to someone other than an heir. Thus, even if he gives someone more than one-third in order to build a mosque for him, it is not executed. Likewise, if he gives the poor more than one-third, it is not executed. This is based on the hadith of Sa‘d ibn Abi Waqqas, who sought the Prophet’s ﷺ permission, while ill, to give two-thirds of his wealth in charity—the two-thirds being two out of three. He said, “No.” He asked, “Then half”—and half is one out of