As for bequests whose execution is not binding, these are of two types:

First: a bequest to an heir.

Second: a bequest exceeding one-third of the estate.

As for bequests which ought not to be carried out, these are of one type: bequests for a disliked act whose omission, rather than performance, draws one nearer to Allah. An example is a bequest to arrange wedding entertainment of a kind that has been treated leniently and permitted, and similar matters. The heirs are encouraged not to carry out such a bequest; if, however, they insist on carrying it out, they are not prevented from doing so.

Section

A bequest of one-third of one’s wealth or less is permissible, whether the estate is small or large. If the estate is small, however, the testator is instructed to give due consideration to the heirs’ interests. It is related that ʿAlī ibn Abī Tālib, may Allah be pleased with him, said: “If the estate is small, let him leave it to his heir; that is better.” Allah knows best, but he appears to have derived this from the Prophet’s words, peace be upon him:

“It is better for you to leave your heirs well provided for than to leave them destitute, begging from people.”

Section

The scholars have differed over the amount of wealth at which making a bequest becomes recommended—or obligatory, according to those who hold it obligatory. It is related that ʿAlī ibn Abī Tālib, may Allah be pleased with him, said: “Six hundred or seven hundred dirhams is not an amount that warrants a bequest.” Regarding one thousand dirhams or less, he said that it is an amount that warrants a bequest. It is related that Ibn ʿAbbās said: “No bequest is to be made from eight hundred dirhams.” It is also related that ʿAlī ibn Abī Tālib said: “One thousand dirhams or less is for living expenses.” ʿĀʾisha said of a woman who had three thousand dirhams and four children: “No bequest is to be made from her wealth.”

Section

No one may bequeath more than one-third of his wealth, even if he has no heir, contrary to Abū