in excess of one-third, his acknowledgement is valid. For example, he says: “I call you to witness that half of my wealth belongs to so-and-so,” who is not an heir. The apparent meaning of the author’s words is that this is valid.
Some scholars held that his acknowledgement of an amount exceeding one-third is not valid, just as an acknowledgement in favour of an heir is not valid. This is based on the view that a bequest exceeding one-third is invalid, and that a bequest to an heir is likewise invalid. Thus, during a terminal illness, a person is prevented from disposing of, or making a gratuitous transfer of, more than one-third of his wealth.
However, the view adopted by the author is more correct, because a person may, during his lifetime and while in good health, deny something that he owes another person. Then, when he sees that his appointed term is near, he repents to Allah and acknowledges it. Suppose that a man entered into an equal partnership with someone, but then denied the partnership. When he fell terminally ill, he regretted it, repented, and acknowledged the other man’s partnership. This is something that does occur.
Thus, the author’s view—that an acknowledgement in favour of a non-heir is valid without restriction—is correct, unless we know from a strong indication that the man intended to deprive his heirs. In that case, we say that whatever exceeds one-third is not effective. For example, his heirs may be his paternal cousins, between whom and him there is hostility, while he has a close and upright friend. His wealth amounts to one hundred thousand riyals, and he says: “I call you to witness that ninety-nine thousand, nine hundred and ninety-nine belongs to my friend so-and-so.” His acknowledgement clearly indicates that he intends to deprive his heirs: firstly, because out of one hundred thousand he has left only one riyal; and secondly, because it is known that there is hostility, rancour, and hatred between him and his paternal cousins. In such a case, we say that the acknowledgement is valid only up to one-third, because the Messenger of Allah, may Allah bless him and grant him peace, forbade Sa‘d ibn Abi Waqqas