Al-Wazīr said: There is unanimous agreement that it is recommended for the testator to bequeath less than one third of his estate, even though the law permits him the full third, in deference to the unrestricted wording of the textual evidences.

The ḥadīth also indicates that donations made during a death-illness carry the same ruling as a bequest: whatever portion would be valid in a will is executed, and whatever would be invalid is disallowed.
Our jurists state: If the illness that ends in death is considered life-threatening, then any gifts given during it are treated like a will and may be carried out only up to one third of the estate—and only in favor of a non-heir. This is based on the report recorded by Ibn Mājah (2709) and al-Dāraqutnī (4/150) in which the Prophet ﷺ said, “Indeed, Allah has granted you a charity at the time of your death: one third of your wealth, as an increase in your good deeds.” Al-Ḥāfiẓ judged this ḥadīth weak in Talkhīṣ al-Habīr (3/91).

The phrase “with stern words” means that he ﷺ admonished the man severely out of disapproval for his action. Another narration states, “I almost resolved not to lead his funeral prayer.” This is understood to mean that the Prophet ﷺ would abstain from leading the prayer himself, while allowing the Companions to perform it, as a grave reprimand to him and a deterrent to others.