Is a bequest valid for the fetus of a woman attributed to her husband or master, considering lineage implications?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The bequest to the fetus of a wife or slave is valid provided the condition of attribution (ilhaq) to the husband or master is stipulated. However, if the attribution is negated through mutual cursing (li'an) or a claim of purification period, the bequest is invalid because the required lineage is absent.
Supporting text
If the woman is a wife or slave but intercourse is absent due to distance, illness, captivity, or acknowledgment of non-intercourse by heirs, the validity of the bequest should be established if there are strong indications that the fetus existed at the time of the bequest, such as delivery within a typical gestation period or apparent signs of pregnancy, which warrants affirming the bequest, even if lineage itself is not strictly established solely based on remote possibility.