—provided that he does not die from that very illness or while on that journey. Should he die under either circumstance, the bequest is carried out, unless he has stipulated, “Put that will of mine into effect only in the illness from which I actually die.” In that case it is examined at the time of his terminal illness, whether that illness is the same one or a different one.

Al-Layth held that the will is not to be executed if the testator does not die on that journey or from that specific illness.

There is a scholarly disagreement concerning a sealed will. The practice that is followed is this: if a man has written his own name beneath the seal, and when called upon to testify he is in no doubt whatsoever that the signature is his own handwriting and entertains no suspicion, it is lawful for him to give testimony, and such testimony is valid. Testimony based solely on recognizing the handwriting of the testator in his will, however, is inadmissible, for it is possible that he had not firmly resolved to carry it out when no witnesses were present.

If a man appoints one of his heirs to administer his discretionary third, telling him to dispose of it as he wishes or “as Allah shows him,” that heir may not make any alteration except in the presence and with the knowledge of the other heirs. If he entrusts that third to someone who is not an heir, the outsider may act, but he may not take anything from it for himself unless the wording of the deceased clearly permits him to do so because of his circumstances. Otherwise he may not take from it for himself, for his children, or for anyone he is obliged to maintain. Rather, he must distribute it, according to his best judgment, in recognised channels of charity.

He should inform the heirs if he frees a slave from that portion or undertakes any similar act. If he fails to inform them and they enquire immediately afterwards, he must disclose what he has done; but if a long time has passed, they have no claim against him. Some have said that the heirs have no right to be consulted at all unless they are agnatic relatives; in that case he need inform them only about matters involving the right of walāʾ (clientage), and nothing more.

If a man bequeaths one-third of his estate to his own slave, the slave is emancipated within that third provided the third covers his full value, for the slave has thereby come to own one-third of himself, and it is impermissible for anyone to own part of himself. If the third does not suffice, only a corresponding share of the slave is freed; and if the testator possesses no property besides that slave, then one-third of the slave is set free.

Should he bequeath a sum of gold coins to his slave, the coins are handed over to the slave, provided the amount is of real significance