33078 - Yahya said: And this is the statement.

It is narrated from Abdul Malik that Hazrat Ata said regarding the person who made a bequest for the heirs of someone, that "A woman is not among the heirs after a man."

It is narrated from Ibn Abi Dhi'b that Zuhri said: Among the people after a man are his male offspring, and then their male offspring.

It is narrated from Mughira that Hazrat Hammad said regarding the man who, at the time of his death, left behind three sons and said, "A third of my wealth is for my youngest son." Later, the eldest son said, "I do not execute such a will," and the middle son said, "I execute it." He (Hammad) said, "In my opinion, the wealth should be divided into nine parts: three parts will be given to the eldest son, and then the youngest son should be given his share and the share of the one who executed the will." Hammad says that the share should be returned to all of them, and Amir says that the one who rejected the will has only rejected it from his own share.

33082 - And Hammad said: The share is returned to all of them.

33083 - 'Aamir said: The one who rejects, only rejects against himself.

Awza'i says that Zuhri was asked about a woman who had made a will to give one third of her wealth to her husband in the way of Allah. He replied that this will is not permissible, except in the case where she says that this wealth is to be given to my husband to spend in the way of Allah, and he may spend it wherever he wishes.

Ibn ‘Ulayyah narrates: I was with Dawud bin Abi Hind when two or more men from the family of Hazrat Anas bin Malik (may Allah be pleased with him) came, among whom was also Hazrat ‘Ubaidullah bin Abi Bakr, and they brought with them a letter inside a document, and they said that this was the will of Hazrat Anas bin Malik (may Allah be pleased with him). I opened it and it was written in it:“In the name of Allah, the Most Gracious, the Most Merciful: This is the mention of the will which Anas bin Malik (may Allah be pleased with him) wrote in this document. I advise all my family members to fear Allah, the Exalted and Glorious, to be grateful to Him, to hold firmly to His rope, and to believe in His promise. I advise them to live together in a good manner, to maintain ties of kinship with one another, to do good to others, and to keep fearing Allah. Then he willed that one third of his wealth is to be given in charity, unless he changes his will before his death, from which one thousand (is to be given) to the warriors in the path of Allah, if at that time the unity of the Ummah is not disrupted, and (the rest is) for freeing slaves and distributing among relatives. And my slaves whom I have set free after me, and the time of their freedom has come, then one third of my will shall be responsible for them, in such a way that no hardship or dispute arises.”

Muhammad bin Sirin says that some of the predecessors used to leave behind silent wealth (dirhams and dinars), while some did not leave anything behind.

Ubaidullah bin Musa narrates that Sufyan said: It is not permissible to make a will for the people of war.