Is a bequest valid to an apostate (murtadd)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
According to Abu al-Khattab, a bequest to an apostate is valid, mirroring the validity of a gift to such a person. The underlying principle is that if one can validly gift property to an apostate, one can also bequeath it.
Supporting text
The bequest is not valid, according to Ibn Abi Musa. This opinion posits that the apostate's ownership is unstable (ghayr mustaqirr), as they neither inherit nor are inherited from, making them akin to a deceased person. Moreover, the property ownership of an apostate is deemed extinguished by their apostasy according to Abu Bakr and a group, meaning ownership cannot be established for them through a bequest.