Is a bequest for books of the Torah or the Gospel valid?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest for the books of the Torah or the Gospel is invalid because they are considered abrogated texts containing alteration, and engaging with them is not permissible. The Prophet, peace be upon him, expressed displeasure upon seeing 'Umar with something written from the Torah.
Supporting text
The Qadi stated that if the bequest was for the fixtures and lamps of a church, provided the intent was not to glorify it, the bequest is valid because the benefit returns to the non-Muslim subjects for whom the bequest is permissible. However, the sounder opinion is that this is also impermissible as it constitutes assistance in their sin and glorification of their places of worship. A narration from Ahmad suggests that a bequest from a Dhimmi for the service of the church is valid, but the former opinion is stronger.