Is a bequest made to a deceased person valid?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest made to a deceased person is invalid. This is the position held by Abu Hanifa and Al-Shafi'i. The reasoning is that one wills to a person for whom a bequest cannot be made, and this invalidity remains whether the testator knew of the death or not, similar to bequeathing to an animal. Furthermore, a bequest requires acceptance, which the deceased cannot provide, analogous to a gift made to a deceased person.
Supporting text
Imam Malik permits the bequest if the testator knew the recipient was deceased; it becomes valid for the recipient's heirs after settling debts and executing other bequests, as the objective of benefit is still achieved, resembling the case of a living recipient.