Muwatta 2227

He said: as for asking his heirs permission for a bequest to an heir made in health, and they permit it, that does not bind them, and the heir may refuse it if he wishes. His asking is only valid against the heirs if they permit him when his property is kept from him, and he may do nothing except with a third, and when they have the better claim to two-thirds of his property than he does. If he asks one of his heirs to give him his inheritance when death is near, and he does, and then the deceased does not dispose of anything of it, then it is returned to the one who gave it, unless the dead man says to one of his heirs: so-and-so is weak, and I wish you to give him your inheritance, and he gives it to him; that is valid when the dead man names it to him. If he gave him his inheritance, then the dead man executed part of it and part remains, the remainder returns to the donor after the death of the one who received it. ¹

Belongs to the Muwatta, Book of Bequests. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on bequest (wasiyya) and inheritance.