whereas a gift does not. The specific amount that one ought to bequeath is one-fifth. Therefore, if a person wishes to make a charitable bequest, he should bequeath one-fifth. We have one-fifth, one-quarter, one-third, one-half, and other fractions.
A bequest of one-half is forbidden; a bequest of one-third is permissible; and a bequest of one-quarter is permissible, though better than one-third. A bequest of one-fifth is better than both—that is, better than one-third and one-quarter—because when Sa'd ibn Abi Waqqas sought the Prophet's permission to bequeath more than one-third, he said: “One-third—and one-third is a great deal.” (1) Our Prophet’s saying, “One-third is a great deal,” indicates that it is preferable to give less than this.
Ibn Abbas, despite the understanding Allah the Exalted had granted him, said: “If people were to reduce [their bequests] from one-third to one-quarter, because of the Prophet’s saying, ‘One-third—and one-third is a great deal,’ [that would be better].” (2) That is, it would be better.
As for Abu Bakr, he took a different approach, drew a different inference, and understood the matter profoundly. He bequeathed one-fifth and said, “I bequeath that which Allah approved for Himself.” He then recited: “And know that whatever you obtain of war booty—then indeed, for Allah is one fifth of it…” [al-Anfal: 41] (3) For this reason, the jurists maintained that the portion which ought to be bequeathed is one-fifth.
This too is an issue about which I would like students of knowledge to make people aware. Nowadays, all bequests—except as Allah wills—are for one-third. The testator says, “I have bequeathed one-third of my estate”—Glory be to Allah!—the Messenger of Allah pressed Sa'd