Al-Khazraji says in his book نفس الصباح في غريب القرآن وناسخه ومنسوخه, volume 1, pages 267-268, that the bequest provision mentioned four times in
was abrogated by the hadeeth of the Prophet, peace be upon him, to Sa`d ibn Abi-Waqqaas, reported by Al-Bukhaari, Muslim and Abu-Daawood, where the Prophet (PBUH) says, "A third is too much." Makki mentions this case too, but says that the majority disagrees because they do not believe the Sunna can abrogate the Quran, only elaborates it.
The hadeeth starts out with Sa`d asking the Prophet (PBUH) if he can give away two thirds of his wealth for charity when he dies. The Prophet (PBUH) forbade him and said that his daughter is more worthy of his wealth. Sa`d suggested one half and the Prophet (PBUH) again disallowed it. Finally, Sa`d suggested a third and the Prophet (PBUH) said, "A third then and a third is too much."
Doesn't that mean that a third is fine? In fact, this is the hadeeth that all scholars quote as evidence that a bequest cannot exceed one third of the estate. Bequests have not been abrogated; their extent was defined. How can something that God repeats for emphasis four times