When can a beneficiary validly reject a bequest after the testator's death?
General Chapter
Al-Mughni
Book of Bequests
Primary text
There are four situations regarding the rejection of a bequest after the testator's death. Second, rejection after the testator's death but before acceptance is valid, voiding the bequest. Third, rejection after acceptance and possession (qabdh) is invalid because the ownership has been established, unless the heirs consent, in which case it becomes a valid gift conditional upon gift requirements. Fourth, rejection after acceptance but before possession requires further consideration.
Supporting text
First, rejection before the testator's death is invalid because the bequest itself has not yet taken effect, making it ineligible for acceptance or rejection. Regarding the fourth situation (acceptance but before possession): if the bequeathed item is measurable by volume or weight (makil or mawzun), rejection is valid because ownership is not fully established until possession; however, if it is otherwise, rejection is invalid as ownership is established upon acceptance, similar to having taken possession. A dissenting view among Shafi'i scholars suggests rejection is valid for all types of property after acceptance but before possession, arguing that since rejection is permitted without acceptance, it should also be permitted without possession, as the executor's ownership is not fully established before possession.