If someone were to ask: If the right belongs to the heirs and they consent after the death, then how can it be said that it is prohibited?

The answer is that when Sa‘d—may Allah be pleased with him—asked the Prophet to permit two-thirds, then one-half, he said, “No,” and did not say, “Unless the heirs approve.” Furthermore, if a person bequeaths more than one-third to a non-heir, or bequeaths something to an heir, the heirs may approve it after his death out of shyness, embarrassment, or a desire to avoid what people may say. This undoubtedly occurs: if a person bequeaths to one of his heirs an amount beyond his share of inheritance, or bequeaths to a non-heir more than one-third, they may perhaps agree out of shyness and embarrassment, overlooking the matter; or they may fear that, if they reject the bequest, people will speak about them. Therefore, we hold that it is prohibited in every case, even if he says, “My heirs will approve this after me.” The evidence is:

First: the hadith of Sa‘d ibn Abi Waqqas—may Allah be pleased with him—that the Prophet prevented him, and did not say, “Unless the heirs approve.”

Second: if they approve, they may do so out of shyness and embarrassment rather than genuine conviction.

Thus, if he bequeaths more than one-third to a non-heir, or bequeaths something to an heir, he is sinful; and its execution depends upon the heirs’ approval, as previously explained.

His statement, “unless the heirs approve,” includes those who inherit by prescribed shares and those who inherit as residuaries. Accordingly, the wife, for example, or the husband must give approval; the mother must give approval; and the paternal uncle must give approval if he is an agnatic heir.

The heir whose approval is valid must be an adult, sane, and financially competent. These are three conditions.

The approval of one who has not reached adulthood is not valid, because he does not have the right to make a voluntary gift of any of