Imam Malik, may Allah have mercy on him, said: In our view, every will can be changed except for tadbeer.

It is narrated from Amr bin Salim Zarqi that it was said to Sayyiduna Umar bin Khattab, may Allah be pleased with him, that there is a boy in this place in Madinah who is near puberty but has not yet reached it, from the tribe of Ghassan, and his heirs are in Syria, and he has wealth, and here he has no heir except a paternal cousin (female). So Sayyiduna Umar bin Khattab, may Allah be pleased with him, said: Let him make a will. The boy made a will for the wealth, which was called Bir Jashm, in favor of his paternal cousin (female). Amr bin Salim said: That wealth was sold for thirty thousand dirhams. And his paternal cousin (female) was the mother of Amr bin Salim.

It is narrated from Abu Bakr bin Hazm that a boy from Ghassan was about to die in Medina, and his heirs were in Syria. This was mentioned to Sayyiduna Umar, may Allah be pleased with him, and he was asked: Should he make a will? Sayyiduna Umar, may Allah be pleased with him, said: He should make a will. Yahya bin Saeed said: The boy was either ten or twelve years old, and he left behind (property called) Bi’r Jashm, and he made a will for it. People sold it for thirty thousand dirhams.

Imam Malik, may Allah have mercy on him, said: In our view, this ruling is agreed upon that the will (wasiyyah) of a weak-minded, foolish, or insane person who sometimes regains sanity is valid, when he has enough understanding to comprehend the will he is making. If he does not have even this much understanding, then his will is not valid.

It is narrated from Sayyiduna Sa’d bin Abi Waqqas (may Allah be pleased with him) that the Messenger of Allah (peace and blessings of Allah be upon him) came to visit me (i.e., to inquire about my health) in the year of the Farewell Pilgrimage, and my illness was severe. I said: O Messenger of Allah (peace and blessings of Allah be upon him)! You see the condition of my illness, and I am wealthy, and my only heir is my one daughter. Should I give two-thirds of my wealth for the sake of Allah? The Prophet (peace and blessings of Allah be upon him) said:“No.”I said: Should I give half of my wealth? The Prophet (peace and blessings of Allah be upon him) said:“No.”Then the Prophet (peace and blessings of Allah be upon him) himself said:“Give one-third of your wealth for Allah, and one-third is also much. If you leave your heirs wealthy, it is better than leaving them poor, begging from people, stretching their hands before them. And whatever you spend seeking Allah’s pleasure, you will be rewarded for it, even for what you put in your wife’s mouth.”Then I said: O Messenger of Allah (peace and blessings of Allah be upon him)! Will I remain behind my companions? The Messenger of Allah (peace and blessings of Allah be upon him) said:“If you remain behind and do good deeds, your rank will be elevated, and perhaps you will live (and not die in Makkah), until Allah, the Glorious and Majestic, benefits a people through you and harms a people through you. O Lord! Complete the migration of my companions, and do not turn them back from this migration on their heels.”But the one afflicted was Sayyiduna Sa’d bin Khawlah (may Allah be pleased with him), for whom the Messenger of Allah (peace and blessings of Allah be upon him) grieved because he died in Makkah.

Imam Malik, may Allah have mercy on him, said: If someone makes a bequest of one-third of his wealth to a person, and says, "My slave should serve such-and-such person as long as that person is alive, then he is free," and afterwards the value of the slave equals one-third of the wealth, then the value of the slave's service will be assessed, and shares will be divided in the slave. The one to whom the bequest of one-third was made will have a share of one-third, and the one to whom the service was bequeathed will have a share according to the service. After that, both persons will take their share from the service or earnings of the slave. When the person for whom the service was intended dies, the slave will become free.

Imam Malik, may Allah have mercy on him, said that if a person makes a bequest to several people, and then his heirs claim that the bequest is more than one-third, then the heirs have the choice: either each legatee is given his bequest and the heirs take the rest of the deceased’s estate, or they hand over one-third of the wealth to the legatees, however many they may be, and then divide it among themselves according to their shares.

Imam Malik, may Allah have mercy on him, said that a pregnant woman is like a sick person; if the illness is mild in which there is no fear of death, then the owner of the wealth has the choice to dispose of it as he wishes. However, in an illness in which there is fear of death, it is not permissible to dispose of more than one-third.

Imam Malik, may Allah have mercy on him, said that similarly, a pregnant woman, in the early stages of pregnancy, as long as she remains happy, joyful, and healthy, with neither illness nor fear, will have authority over all her wealth. Allah, Glorious and Exalted, has said in His Book: "We gave glad tidings to Sarah of Isaac, and after Isaac, of Jacob." And Allah, Glorious and Exalted, has said: "When a man had intercourse with a woman, she became pregnant, and they moved about lightly. When the pregnancy became heavy, they both prayed to Allah, their Lord, saying: 'If You give us a righteous (or healthy and sound) child, we will surely be grateful.'" Thus, when a pregnant woman becomes heavy, at that time she does not have authority over more than a third of her wealth, and this is after six months, because Allah, Glorious and Exalted, says: "Mothers shall suckle their children for two complete years for whoever wishes to complete the term of suckling." And then He says: "The bearing of the child and the weaning of him is thirty months." So, when six months have passed over the pregnant woman from the day of conception, from that time her disposal of more than a third of her wealth will not be valid.

Imam Malik, may Allah have mercy on him, said that a person who stands in the battle line and goes to fight, it is not permissible for him to dispose of more than one-third of his wealth; he is also under the same ruling as a pregnant woman and a sick person.