Do actions short of actual transfer or consumption, indicating intent to revoke, count as revocation?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the testator offers the item for sale, bequeaths that it be sold, mandates a gift that is not accepted by the legatee, enters into a contract of manumission (kitaba), bequeaths its manumission, or arranges for its manumission upon death (tadbir), these actions constitute revocation. This is because offering for sale, mandating an unaccepted gift, or bequeathing the sale or manumission indicate the testator's preference for revocation, as these acts conflict with the initial bequest. Manumission by contract (kitaba) is akin to sale, and *tadbir* is stronger than a bequest because it takes effect immediately upon death, thereby precluding the legatee from acquiring the item.