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Hadith 35288
Malik related to me that he heard that a man of the Ansar from
the tribe of Banu al-Harith ibn al-Khazraj, gave sadaqa to his parents
and then they died. Their son inherited the property he had given them
and it was palm-trees. He asked the Messenger of Allah, may Allah
bless him and grant him peace, about it and he said, "You are rewarded
for your sadaqa, and take it as your inheritance."
Muwatta Malik Book 36, Hadith 72
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Malik related to me from Hisham ibn Urwa from his father from
A'isha, the wife of the Prophet, may Allah bless him and grant him
peace, that a man said to the Messenger of Allah, may Allah bless him
and grant him peace, "My mother died suddenly, and I think that had
she spoken, she would have given sadaqa. Shall I give sadaqa for her?"
The Messenger of Allah, may Allah bless him and grant him peace, said,
"Yes." Muwatta Malik Book 36, Hadith 71
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Malik related to me from Nafi from Abdullah ibn Umar that the
Messenger of Allah, may Allah bless him and grant him peace, said, "It
is the duty of a muslim man who has something to be given as a bequest
not to spend two nights without writing a will about it."
Malik said, "The generally agreed-on way of doing things in our
community is that when the testator writes something in health or
illness as a bequest, and it has freeing slaves or things other than
that in it, he can alter it in any way he chooses, until he is on his
deathbed. If he prefers to abandon a bequest or change it, he can do
so unless he has made a slave mudabbar (to be freed after his death).
If he has made him mudabbar, there is no way to change what he has
made mudabbar. He is allowed to change his testament because the
Messenger of Allah, may Allah bless him and grant him peace, said, "It
is the duty of a muslim man who has something to be given as a bequest
not to spend two nights without writing a will about it."
Malik explained, "Had the testator not been able to change his will
nor what was mentioned in it about freeing slaves, each testator might
withhold making bequests from his property, whether in freeing slaves
or other than it. A man gives a bequest in his health and in his
travelling." (i.e. he does not wait till his death bed ) .
Malik summed up, "The way of doing things in our community about which
there is no dispute is that he can change whatever he likes of that
except for the mudabbar." Muwatta Malik Book 37, Hadith 1