Hadith 34144

Malik related to me from Ibn Shihab from Amir ibn Sad ibn AbiWaqqas that his father said, "The Messenger of Allah, may Allah blesshim and grant him peace, came to me to treat me for a pain whichbecame hard to bear in the year of the farewell hajj. I said,'Messenger of Allah, you can see how far the pain has reached me. Ihave property and only my daughter inherits from me. Shall I give twothirds of my property as sadaqa?' The Messenger of Allah, may Allahbless him and grant him peace, said, 'No.' I said, 'Half?' He said,'No.' Then the Messenger of Allah, may Allah bless him and grant himpeace, said, 'A third, and a third is a lot. Leaving your heirs richis better than leaving them poor to beg from people. You never spendanything on maintenance desiring the Face of Allah by it, but that youare rewarded for it, even what you appoint for your wife.' Sad said,'Messenger of Allah, will I be left here in Makka after my companionshave departed for Madina?' The Messenger of Allah, may Allah bless himand grant him peace, said, 'If you are left behind, and do sound deedsyou will increase your degree and elevation by them. Perhaps you willbe left behind so that some people may benefit by you and others maybe harmed by you. O Allah! complete their hijra for my companions, anddo not turn them back on their heels. The unfortunate one is Said ibnKhawla.' The Messenger of Allah, may Allah bless him and grant himpeace, was distressed on his account for he had died at Makka."Yahya said that he heard Malik speak about a man who willed athird of his property to a man and said as well, "My slave will serveso-and-so (another man) for as long as he lives, then he is free,"then that was looked into, and the slave was found to be a third ofthe property of the deceased. Malik said, "The service of the slave isevaluated. Then the two of them divide it between them. The one whowas willed a third takes his third, as a share, and the one who waswilled the service of the slave takes what was evaluated for him ofthe slave's service. Each of them takes, from the service of the slaveor from his wage if he has a wage, according to his share. If the onewho was given the service of the slave for as long as he lived dies,then the slave is freed."Yahya said that he heard Malikspeak about someone who willed his third and said "So-and-so has such-and-such, and so-and-so has such-and-such," naming some of hisproperty, and his heirs protested that it was more than a third."Malik said, "The heirs then have an option between giving thebeneficiaries their full bequests and taking the rest of the propertyof the deceased, or between dividing among the beneficiaries the thirdof the property of the deceased and surrendering to them their third.If they wish, their rights in it reach as far as they reach."