—in the Year of the Conquest—“There is no bequest for an heir.”

Al-Hafiz commented: The scholars are unanimously agreed on what the hadith entails.
The conclusion reached by the majority remains the weightier opinion, for the prohibition exists solely to protect the heirs’ rights, and they have chosen to waive those rights.

Benefits

First: As long as the testator is alive, he is free to dispose of his bequest—altering, amending, redirecting it, increasing or decreasing it—provided he stays within one-third of the estate and does not exceed that limit.

Second: A bequest becomes nullified by any one of five factors:
1 The testator retracts it, whether by speech or by an act that signals retraction, such as selling the item bequeathed.
2 The legatee dies before the testator.
3 The legatee kills the testator, whether intentionally or by mistake, in keeping with the legal maxim, “Whoever tries to hasten something before its due time is punished by being denied it.” For the intentional killer this is direct retribution; for the unintentional, it is a matter of blocking the means.
4 The legatee, after the testator’s death, declines the bequest and refuses to accept it.
5 The specific property bequeathed is destroyed.

Third: It is preferable for the bequest to benefit needy relatives who do not inherit from the testator, for they have the strongest claim to his kindness. Imam Ahmad records that Anas said: Abu Talhah came to the Prophet ﷺ and said, “Messenger of Allah, Allah says, ‘You will never attain righteousness until you spend from that which you love’ (Al ‘Imran 3:92). The property I love most is Bayr Ha’, so I give it in charity for the sake of Allah, hoping for its reward and its treasure with Allah. Dispose of it wherever Allah shows you.” The Prophet ﷺ replied, “Excellent! Excellent! That is a profitable asset, a truly profitable asset. I think you should give it to your relatives.” So Abu Talhah divided it among his relatives and the sons of his paternal uncle.