Is the acceptance or rejection of a bequest valid during the life of the testator?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The acceptance or rejection of a bequest (*wasiyya*) during the lifetime of the testator is valid because it constitutes permission to act (*idhn*), similar to accepting a power of attorney (*tawkeel*). The opinion affirming this validity is held by Al-Shafi'i.

Supporting text

A bequest made in favor of the executor (*wasi*), however, is a transfer of ownership effective at a future time (death), thus acceptance before that time is invalid.