Is a bequest made during a state of health subject to the one-third limitation?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest is subject to the one-third limitation under all circumstances. However, there is a narration from Hanbal, on the authority of Ahmad, stating that if a bequest is made during illness, it is from the one-third, but if made while healthy, the testator may bequeath whatever he wishes, meaning the gift (in health) is unlimited. This distinction is because a bequest takes effect after death, making it inherently limited to one-third, whereas a gift during health is a transfer of existing property rights.