Information for "MuwataMalik-017-001-35524"

Yahya related to me from Malik that he had heard that Said Ibn AlMusayab was asked whether a man who had vowed to fast a month could fast voluntarily; and Said said; He should fulfil his vow before he does any voluntary fasting. Malik said; I have heard the same thing from Sulayman Ibn Yasar. Malik said; If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel; and makes a bequest that his vow should be fulfilled from his estate; then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests; except things of a similar nature; because by his vow it has become incumbent on him; and this is not the case with something he donates voluntarily. They vows and voluntary donations are settled from a limited one-third of his estate; and not from the whole of it; since if the dying man were free to dispose of all of his estate; he might delay settling what had become incumbent on him i.e. his vows ; so that when death came and the estate passed into the hands of his heirs; he would have bequeathed such things i.e. his vows that were not claimed by anyone like debts. If that i.e. to dispose freely of his property were allowed him; he would delay these things i.e. his vows until when he was near death; he would designate them and they might take up all of his estate. He must not do that.